[Federal Register Volume 91, Number 19 (Thursday, January 29, 2026)]
[Rules and Regulations]
[Pages 3801-3813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-01806]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 91, No. 19 / Thursday, January 29, 2026 / 
Rules and Regulations

[[Page 3801]]



FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 328

RIN 3064-AG14


FDIC Official Signs, Advertisement of Membership, False 
Advertising, Misrepresentation of Insured Status, and Misuse of the 
FDIC's Name or Logo

AGENCY: Federal Deposit Insurance Corporation.

ACTION: Final rule.

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SUMMARY: The Federal Deposit Insurance Corporation (FDIC) is amending 
its signage requirements for insured depository institutions' (IDIs) 
digital deposit-taking channels and automated teller machines (ATMs) 
and like devices. This final rule is intended to address implementation 
issues and sources of potential confusion raised following the adoption 
of signage requirements for these banking channels in 2023. The final 
rule provides additional flexibility to IDIs while also enabling 
consumers to better understand when they are conducting business with 
an IDI and when their funds are protected by the FDIC's deposit 
insurance coverage.

DATES: 
    Effective date: The amendments made in this rule are effective 
March 2, 2026.
    Compliance date: Compliance is required by April 1, 2027.

FOR FURTHER INFORMATION CONTACT: Division of Depositor and Consumer 
Protection: Monika Jansen, Senior Policy Analyst, (202) 898-6781, 
[email protected]; Edward Hof, Senior Policy Analyst, (202) 898-7213, 
[email protected]; Meron Wondwosen, Assistant Director, (202) 898-3544, 
[email protected]; Legal Division: Shane Bogusz, Senior Attorney, 
(571) 366-0212, [email protected]; Nathan Raygor, Senior Attorney, (202) 
898-8688, [email protected].

SUPPLEMENTARY INFORMATION:

I. Policy Objectives and History

    This final rule amends the signage requirements at 12 CFR 328.4 and 
328.5 to provide IDIs with greater flexibility in the display of FDIC 
signage on digital deposit-taking channels and ATMs and like devices. 
The final rule seeks to minimize implementation issues, reduce burden, 
and address potential consumer confusion. The final rule does not amend 
other provisions under 12 CFR part 328.
    On December 20, 2023, the FDIC adopted a final rule that, among 
other things, amended the FDIC's official sign and advertisement of 
membership regulations under subpart A of 12 CFR part 328 (the 2023 
Final Rule). The rule established signage requirements across a wide 
range of banking channels, including physical premises, digital 
deposit-taking channels, and ATMs and like devices.\1\
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    \1\ 89 FR 3504 (Jan. 18, 2024).
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    Following the adoption of the 2023 Final Rule, some IDIs requested 
additional time to meet the new requirements. As a result, the FDIC 
delayed the compliance deadline for the subpart A amendments.\2\ 
Thereafter, the FDIC observed that the provisions governing signage 
requirements for digital deposit-taking channels and ATMs and like 
devices, 12 CFR 328.4 and 328.5, continued to generate questions 
regarding implementation and had the potential to cause consumer 
confusion.\3\ Accordingly, the FDIC further delayed compliance for 
those provisions. This extension was intended to allow the FDIC to 
propose changes to these requirements.\4\ On November 25, 2025, the 
FDIC further extended the compliance date for 12 CFR 328.4 and 328.5 
from March 1, 2026, to January 1, 2027, noting the uncertainty IDIs 
faced while the FDIC considered changes to those provisions.\5\
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    \2\ 89 FR 84261 (Oct. 22, 2024).
    \3\ 90 FR 11659 (Mar. 11, 2025).
    \4\ See id.
    \5\ See 90 FR 54544 (Nov. 28, 2025).
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II. Background

A. Statutory Authority and FDIC Regulations

    The FDIC maintains stability and public confidence in the nation's 
financial system by, among other things, insuring the deposits of all 
IDIs. Section 18(a) of the Federal Deposit Insurance Act (FDI Act) \6\ 
governs IDI sign and advertising statement requirements and grants the 
FDIC authority to prescribe regulations with respect to these 
requirements. The regulations implementing signage and advertisement 
requirements are contained in 12 CFR 328.0 through 328.8 of subpart A 
(subpart A). Subpart A applies to IDIs, including insured branches of 
foreign banks.
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    \6\ 12 U.S.C. 1828(a).
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B. August 2025 Proposal and Comments

    In response to potential consumer confusion and challenges with 
implementing the 2023 Final Rule's signage requirements for digital 
deposit-taking channels, ATMs, and like devices, the FDIC published a 
notice of proposed rulemaking (NPR or proposal) in the Federal Register 
on August 21, 2025. The NPR proposed to amend the signage requirements 
at 12 CFR 328.4 and 328.5 and requested public comment.\7\
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    \7\ See 90 FR 40767 (Aug. 21, 2025).
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    The NPR intended to clarify and provide greater flexibility with 
respect to the requirements regarding the (1) FDIC official digital 
sign design; (2) display of signage on digital deposit-taking channels; 
and (3) display of signage on ATMs and like devices. The NPR solicited 
comments on all aspects of the proposed rule. The comment period ended 
on October 20, 2025. The FDIC received a total of nine substantive 
comments from industry groups, a payments provider, a non-profit 
organization, and an individual.\8\ Comments are discussed below.
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    \8\ Comments may be accessed at: https://www.fdic.gov/federal-register-publications/comments-rin-3064-ag14.
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III. Final Rule and Discussion of Comments

    The FDIC reviewed and carefully considered public comments received 
and is generally finalizing the rule as proposed, with some changes and 
clarifications, as described below. The amendments made by this final 
rule will take effect 30 days following publication in the Federal 
Register. For reasons discussed below, the compliance date for the 
amendments made by this final rule will be April 1, 2027.

[[Page 3802]]

A. FDIC Official Digital Sign Design Requirements

Proposed Rule
    The requirements governing the design of the FDIC official digital 
sign appear at 12 CFR 328.5(b). Those requirements include specific 
text, color, font, and size requirements, such as specific hexadecimal 
color codes and wordmark sizes and provide limited flexibility for 
cases in which the required colors would be illegible due to the color 
of the background on a digital deposit-taking channel.
    The NPR proposed amendments to 12 CFR 328.5(b) that would have 
provided additional flexibility with respect to the color, font, and 
text size that IDIs may use when displaying the FDIC official digital 
sign. Although the NPR would have continued to require that the FDIC 
official digital sign be displayed in either a combination of navy blue 
and black text or all-white text, the NPR would not have prescribed 
specific hexadecimal color codes or required a specific font size for 
the text of the FDIC official digital sign. The proposed amendments 
would have provided additional flexibility by not requiring specific 
font sizes and allowing the font used for the FDIC official digital 
sign to be Source Sans Pro Web or a similar font. Consistent with the 
FDIC's previous guidance in ``Questions and Answers Related to the 
FDIC's Part 328 Final Rule'' \9\ (Q&As), the proposed rule would have 
expressly permitted IDIs to ``wrap'' the text of the FDIC official 
digital sign to address space constraints.
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    \9\ ``Questions and Answers Related to the FDIC's Part 328 Final 
Rule'' (July 15, 2024), available at: https://www.fdic.gov/deposit-insurance/questions-and-answers-related-fdics-part-328-final-rule.
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Discussion of Comments
    Comments regarding the FDIC official digital sign design 
requirements were mixed, with commenters supporting or opposing certain 
proposed amendments, and others recommending additional changes. 
Several commenters expressed agreement with the digital sign design 
amendments proposed in the NPR. Others disagreed with the NPR's 
approach, with one commenter arguing that consumers derive confidence 
from the consistency of the FDIC's signage, which would be undermined 
by providing flexibility in its display. Another commenter suggested 
that defining a range of acceptable hexadecimal color codes and minimum 
font sizes would provide clarity and certainty to IDIs regarding 
whether they have satisfied the rule's requirements. Commenters 
suggested alternative changes, including providing illustrative 
examples of permitted digital sign designs, providing a standardized--
but optional--official digital sign, and allowing IDIs the flexibility 
to amend the text of the official digital sign.
Final Rule
    The final rule adopts the NPR's amendments as proposed with respect 
to the design of the FDIC official digital sign. The final rule 
requires that the text of the official digital sign be navy blue or 
black but does not mandate specific color codes. Like the proposed 
rule, the final rule also requires IDIs to use Source Sans Pro Web or 
any other similar font. These changes are intended to give IDIs 
sufficient flexibility to exercise reasonable judgment in order to 
accommodate technical limitations (e.g., space constraints, font 
availability, and color options for ``navy blue''). In addition, the 
FDIC will continue to provide a standardized--but optional--digital 
official sign to IDIs via FDICconnect.

B. Display of FDIC Official Digital Sign and Other Signage Requirements 
for IDIs' Digital Deposit-Taking Channels

1. FDIC Official Digital Sign Requirements for Digital Deposit-Taking 
Channels
Proposed Rule
    Section 328.5(d) requires IDIs to display the FDIC official digital 
sign on an IDI's digital deposit-taking channel's initial page or 
homepage of the website or application; landing or login pages; and 
pages where a customer may transact with deposits. Following the 
adoption of that provision as part of the 2023 Final Rule, IDIs raised 
questions and concerns with implementing these requirements, 
particularly with respect to ``landing pages'' and ``pages where a 
customer may transact with deposits.'' In response, the NPR included 
proposed amendments to 12 CFR 328.5(d) that would have focused the 
display of the FDIC official digital sign on specific pages and screens 
that are most relevant to consumers. First, because the term ``landing 
page'' may be viewed as duplicative of ``login page,'' the NPR proposed 
removing the requirement to display the FDIC official digital sign on 
an IDI's ``landing page'' while retaining the requirement for IDIs to 
display the FDIC official digital sign on the ``login page'' of an 
IDI's digital deposit-taking channel. Next, the NPR proposed removing 
the requirement to display the FDIC official digital sign on ``pages 
where the customer may transact with deposits,'' and, instead, proposed 
requiring IDIs to display the FDIC official digital sign on the digital 
deposit-taking channels' page or screen where a consumer initiates a 
deposit account opening.
Discussion of Comments
    Several commenters agreed with the NPR's proposal to remove the 
requirement that the digital sign be displayed on ``pages where the 
customer may transact with deposits.'' Regarding the proposed 
requirement to display signage on the page or screen where a consumer 
initiates a deposit account opening, some commenters suggested that the 
FDIC clarify that signage would only be required on the first page of a 
multi-page account opening process. Another commenter expressed 
disagreement with the proposed changes, suggesting that the FDIC 
official digital sign should be required any time a deposit is made. 
This commenter also suggested that the FDIC should prohibit IDIs from 
featuring insured and uninsured products on the same page, in part to 
ensure that the accompanying signage is not misleading to consumers.
    One commenter supported the proposed removal of the requirement to 
display the FDIC official digital sign on landing pages and suggested 
that the FDIC eliminate the requirement to display the official digital 
sign altogether. The commenter said that the presence of the digital 
sign on pages where IDIs also provide information about products that 
are not FDIC-insured could confuse consumers. Another commenter 
suggested that the FDIC limit the requirement to pages or screens 
solely dedicated to insured deposit products.
Final Rule
    The final rule adopts the NPR's proposed changes to the display of 
the FDIC official digital sign on digital deposit-taking channels and 
explicitly provides that the sign is required only on the first page or 
screen of the deposit account opening process. Specifically, under the 
final rule, IDIs are required to display the FDIC official digital sign 
clearly, continuously, and conspicuously on the (1) initial page or 
homepage of the website or application; (2) login page; and (3) page or 
screen where the consumer first initiates a deposit account opening.
    The final rule ensures that signage appears where it is most 
valuable to consumers without requiring the repetitive display of the 
official digital sign on successive pages or screens. Importantly, the 
rule does not prohibit the inclusion of uninsured products on pages 
bearing the FDIC official digital

[[Page 3803]]

sign. The FDIC's regulations prohibiting deposit insurance 
misrepresentations, including misrepresentations using FDIC-Associated 
Images such as the FDIC official digital sign,\10\ provide sufficient 
safeguards against such misrepresentations or confusion that may occur 
if the FDIC official digital sign is displayed on pages that include 
uninsured products.
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    \10\ See 12 CFR 328.102(a)(2), (a)(3)(i) through (ii).
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2. Static Non-Deposit Signage Requirements for Digital Deposit-Taking 
Channels
Proposed Rule
    Section 328.5(g)(1) requires IDIs to clearly, continuously, and 
conspicuously display non-deposit signage ``on each page relating to 
non-deposit products'' that indicates that non-deposit products are not 
insured by the FDIC, are not deposits, and may lose value.
    To address questions and concerns raised regarding what would be 
considered a page ``relating'' to non-deposit products and whether this 
term includes pages and screens with incidental references to non-
deposit products (e.g., homepages or navigation menus or tabs), the NPR 
proposed requiring the display of non-deposit signage only on pages and 
screens that are primarily dedicated to one or more non-deposit 
products. The NPR would have clarified that IDIs would not need to 
display non-deposit signage on pages or screens with incidental 
references to non-deposit products, such as the homepage or on a 
navigation menu that references or links to non-deposit product pages.
Discussion of Comments
    In general, commenters supported the NPR's proposed requirement 
that non-deposit signage only be required on pages and screens that are 
primarily dedicated to one or more non-deposit products. Two 
commenters, however, requested that the FDIC provide examples of pages 
or screens that require non-deposit signage as a result of being 
``primarily dedicated'' to non-deposit products.
    Commenters requested clarification regarding how 12 CFR part 328's 
non-deposit signage requirements interact with other regulatory 
disclosure obligations. One commenter suggested that the FDIC add an 
exception such that non-deposit digital signage would not be required 
on digital channels that align with the Interagency Statement on Retail 
Sales of Nondeposit Investment Products (interagency guidance).\11\ 
Another commenter suggested that the FDIC's non-deposit signage 
requirements for digital deposit-taking channels should be eliminated 
entirely, as existing guidance and regulations already require similar 
disclosures alongside statements regarding securities, investment 
products, and insurance products. Specifically, this commenter pointed 
to requirements imposed by the interagency guidance, the Financial 
Industry Regulatory Authority (FINRA) Rule 3160, and the insurance 
product regulations issued pursuant to 12 U.S.C. 1831x.\12\
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    \11\ See FIL-9-1994 (Feb. 15, 1994), available at https://www.fdic.gov/news/financial-institution-letters/1994/interagency-statement-retail-sales-nondeposit-investment.
    \12\ See 12 CFR parts 14 and 343.
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Final Rule
    The final rule adopts the NPR's changes to static non-deposit 
signage requirements on digital deposit-taking channels with additional 
revisions. The NPR proposed that the requirement to display static non-
deposit signage apply to an IDI's digital deposit-taking channel that 
``offers the ability to make deposits electronically and provides 
access to deposits and one or more non-deposit products[.]'' 
Recognizing that an IDI's digital deposit-taking channels may also 
advertise or provide information about non-deposit products and include 
a weblink to a third-party's website or mobile application--where the 
customer can then open or transact with a non-deposit product--the 
final rule adopts language to incorporate this concept. Specifically, 
the requirement to display non-deposit signage applies to digital 
deposit-taking channels that offer customers the ability to make 
deposits electronically, provide customers access to deposits, and 
advertise, provide information about, or access to non-deposit 
products.
    The final rule also adopts a clearer, more specific ``primarily 
dedicated'' standard for the pages of an IDI's digital deposit-taking 
channel on which non-deposit signage is required. The final rule states 
that IDIs must clearly, continuously, and conspicuously display non-
deposit signage on any page that is primarily dedicated to advertising 
or providing information about, or access to, non-deposit products. On 
such pages, IDIs must clearly, continuously, and conspicuously display 
non-deposit signage indicating that non-deposit products are not 
insured by the FDIC; are not deposits; and may lose value.
Scope of Static Non-Deposit Signage Requirements for Digital Deposit-
Taking Channels
    The amended scope of the non-deposit signage requirement is 
intended to recognize that, although graphics and links concerning non-
deposit products may appear on a variety of IDI web pages, the range of 
pages that are primarily dedicated to advertising or providing 
information about, or access to, non-deposit products may be much 
narrower. An IDI's homepage--typically geared toward general banking 
services, even if it includes limited graphics and links that allow 
customers to access pages with non-deposit products--would not meet 
this standard. Instead, pages on an IDI's digital deposit-taking 
channel where the primary focus of the content is marketing or 
providing information about non-deposit products (such as pages that 
are accessed by clicking ``Investing'' or ``Wealth Management'') will 
tend to be pages covered by this standard.
Content and Manner of Placement of Non-Deposit Signage
    Commenters also raised concerns that IDIs may be subject to 
overlapping disclosure requirements for non-deposit investment products 
that are similar to 12 CFR part 328's non-deposit signage requirements. 
There are two dimensions to these similarities: the content of required 
disclosures and the manner in which disclosures must be displayed.
    As to content, the signage must ``indicat[e] that the non-deposit 
products: are not insured by the FDIC; are not deposits; and may lose 
value.'' \13\ The FDIC has previously noted in Q&As that signage that 
states ``Not FDIC Insured; No Bank Guarantee; May Lose Value'' would 
meet this requirement.\14 15\ As to the manner in which non-deposit 
signage must be displayed, the regulation's clear, continuous, and 
conspicuous requirement bears similarity to the

[[Page 3804]]

display requirements that accompany other disclosure requirements, 
which characterize their standards in similar terms.\16\ If, in efforts 
to comply with other disclosure requirements, an IDI already 
continuously, clearly, and conspicuously displays non-deposit signage 
consistent with 12 CFR part 328, no additional changes would be 
required by the final rule. However, a common industry practice is to 
include disclosures towards the bottom of a web page, where they are 
generally less likely to be seen by consumers. Signage would not be 
displayed clearly, continuously, and conspicuously for purposes of 12 
CFR part 328 if it appears at the bottom of a web page, in very small 
text size.
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    \13\ See 12 CFR 328.4(d) and 328.5(g)(1).
    \14\ ``Questions and Answers Related to the FDIC's Part 328 
Final Rule'' (July 15, 2024), available at: https://www.fdic.gov/deposit-insurance/questions-and-answers-related-fdics-part-328-final-rule.
    \15\ The requirement would also be met by signage that includes 
the statements identified in 12 CFR 343.40(c)(5) (``(i) `NOT A 
DEPOSIT'; (ii) `NOT FDIC-INSURED'; (iii) `NOT INSURED BY ANY FEDERAL 
GOVERNMENT AGENCY'; (iv) `NOT GUARANTEED BY THE INSTITUTION'; and 
(v) `MAY GO DOWN IN VALUE' '') or in FINRA Rule 3160(a)(3)(A) (``(i) 
not insured by the Federal Deposit Insurance Corporation (`FDIC'); 
(ii) not deposits or other obligations of the financial institution 
and are not guaranteed by the financial institution; and (iii) 
subject to investment risks, including possible loss of the 
principal invested.''), as those provisions appear as of the date of 
this publication.
    \16\ For example, the FDIC's regulations on Consumer Protection 
in Sales of Insurance require disclosures to be ``conspicuous, 
simple, direct, readily understandable, and designed to call 
attention to the nature and significance of the information 
provided.'' See 12 CFR 343.40(c)(5).
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    The FDIC recognizes the variability of IDI web pages and 
understands that the specific location in which to place the non-
deposit signage on a web page that would be considered clear and 
conspicuous depends on the design of the specific web page. As a 
result, the final rule provides IDIs flexibility in the placement of 
the non-deposit signage. Signage appearing towards the bottom of a web 
page would meet the standard in 12 CFR part 328 so long as the text is 
displayed more prominently than footnotes. For example, if the non-
deposit signage is placed in a text box, or displayed in larger or 
bolded font, relative to the smallest text on the page, it would be 
sufficiently clear and conspicuous to meet the standard, 
notwithstanding its placement towards the bottom of a web page.
3. Examples of Clear, Continuous, and Conspicuous Display
Proposed Rule
    The NPR did not propose changes to the requirement that the signage 
must be displayed clearly, continuously, and conspicuously. However, to 
provide IDIs with additional clarification about meeting this display 
standard, the proposed rule provided a non-exhaustive list of examples 
of various placements of the FDIC official digital sign and non-deposit 
signage that would meet the clear, continuous, and conspicuous standard 
for IDIs' digital deposit-taking channels.
Discussion of Comments
    In general, commenters sought further clarity on the ``clearly, 
continuously, and conspicuously'' standard. One commenter stated that, 
with respect to login pages for mobile applications, the signage 
requirement should be clarified to expressly state whether the digital 
sign is required to be displayed ``near the top of the page.'' Another 
commenter requested additional guidance on the application of the 
clear, continuous, and conspicuous standard to mobile applications and 
web designs. This commenter also stated that prescriptive requirements 
about where on a page or screen signage must be displayed may confuse 
customers by leading to cluttered pages or situations where both the 
FDIC official digital sign and non-deposit signage are on the same 
page.
Final Rule
    The final rule generally adopts the NPR's examples of clear, 
continuous, and conspicuous signage with certain changes. The NPR 
proposed four examples at 12 CFR 328.5(e). The final rule adopts the 
first three of those examples as proposed. The fourth example 
illustrated that non-deposit signage would meet the standard if placed 
``[on] a page on an insured depository institution's website promoting, 
for example, annuities available for purchase, with non-deposit signage 
appearing towards the bottom of a promotional text or graphic in a size 
generally consistent with other text on the page.'' As noted above, it 
is a common industry practice to include disclosures towards the bottom 
of a web page, as opposed to near promotional text or graphics 
themselves. In order to provide a clearer and more practical example, 
the final rule revises this example to state that non-deposit signage 
placed towards the bottom of a page that distinguishes the text from 
the smallest text on the page by using bold or larger font, or 
surrounding the disclosure with a text box, would generally be 
considered to be clear and conspicuous.
    The final rule provides examples that are broad enough to recognize 
both the wide variety of content arrangements and page layouts on IDI 
platforms and the potential that those arrangements and layouts will 
change over time. Ultimately, whether signage is clear, continuous, and 
conspicuous must be based on the appearance of signage in relation to 
other content on a given page or screen.
    The examples provided in the final rule identify potential means of 
satisfying the clear, continuous, and conspicuous standard for various 
types of FDIC signage. Importantly, the examples do not set minimum 
requirements beyond what is stated in the regulatory text by, for 
example, mandating the placement of signage on a particular part of a 
web page or mobile application. The intention in providing these 
requested examples is to suggest means of satisfying 12 CFR part 328's 
requirements, not to constrain IDIs' ability to arrange required 
signage in the manner that best suits their digital deposit-taking 
channels.
    In rare circumstances, both the FDIC official digital sign and non-
deposit signage may appear on the same page. However, the potential for 
both signage requirements to apply to the same page is greatly 
minimized by the amendments in this rule, which reduce the number of 
pages on which the FDIC official digital sign and non-deposit signage 
must be displayed.
4. One-Time Notification for Bank Customers Related to Third-Party Non-
Deposit Products
Proposed Rule
    Section 328.5(g)(2) requires IDIs to display a one-time 
notification when a bank customer who is logged into an IDI's digital 
deposit-taking channel attempts to access non-deposit products through 
a hyperlink (or similar weblinking feature) to a non-bank third-party 
platform. The one-time notification must clearly and conspicuously 
indicate that the non-deposit products: are not insured by the FDIC; 
are not deposits; and may lose value. IDIs may permit their customers 
to access the third party's platform only after such customers acted to 
dismiss the notification.
    To address operational challenges in implementing the one-time 
notification requirement, as well as concerns that the notification 
would be disruptive and degrade the user experience for IDI customers, 
the NPR proposed giving IDIs additional flexibility with respect to the 
one-time notification requirement. Specifically, under the proposed 
rule, IDIs would have two options with respect to the dismissal of the 
notification, such that the notification could be dismissed by an act 
of the customer or dismissed automatically after the customer has been 
provided a reasonable opportunity--constituting at least three 
seconds--to read the content.
    Consistent with prior interpretations,\17\ the NPR's preamble noted 
that affiliated entities are viewed as ``third parties'' for purposes 
of the one-time notification requirement. As such, the NPR preamble 
stated that IDIs would be required to display the one-time notification 
when customers access

[[Page 3805]]

affiliated third-party non-deposit products when leaving an IDI's 
digital deposit-taking channel. Finally, the NPR would have made non-
substantive organizational changes to the regulatory text of the one-
time notification requirement.
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    \17\ See, e.g., 88 FR 37920 (June 9, 2023); FIL-9-94 (Feb. 15, 
1994).
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Discussion of Comments
    Several commenters expressed support for the proposed amendments to 
the one-time notification requirement. A commenter requested that the 
FDIC specifically clarify whether the three-second duration applies 
when the notification is dismissed automatically, as opposed to when 
the customer actively clicks it away. One commenter stated that it did 
not object to requiring the one-time notification when the third-party 
is an affiliate of an IDI. Another commenter sought additional 
clarification regarding when the one-time notification requirement 
applies to affiliated third-party platforms.
    One commenter stated that the FDIC should eliminate the one-time 
notification requirement, arguing that the notice is confusing and that 
other regulations that apply to both IDIs and third parties provide 
consumers with sufficient notice. Another commenter conversely stated 
that both the three-second duration and the consumer's ability to click 
the notification away would not provide consumers with sufficient 
notice.
Final Rule
    The final rule adopts the proposed requirement to display a one-
time notification for IDI customers accessing third-party non-deposit 
products, with organizational and streamlining changes to the 
regulatory text for clarity.
    Commenters asked whether the one-time notification requirement 
would apply to IDI affiliates. As discussed in the preamble to the 
proposed rule, and consistent with the FDIC's prior 
interpretations,\18\ the notification must appear when a logged-in IDI 
customer attempts to navigate from the IDI's digital deposit-taking 
channel to the affiliate platform (e.g., website or application) that 
offers non-deposit products. Commenters also asked whether the 
requirement applies to customers who do not leave an IDI's digital 
deposit-taking channel. The notification requirement applies only when 
a customer leaves the IDI's digital deposit-taking channel.
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    \18\ ``Questions and Answers Related to the FDIC's Part 328 
Final Rule'' (July 15, 2024), available at: https://www.fdic.gov/deposit-insurance/questions-and-answers-related-fdics-part-328-final-rule.
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    As noted, at least one commenter sought clarification on the 
required operation of the one-time notification. The final rule adopts 
the proposed change and, in response to that commenter, restructures 
and streamlines the proposed regulatory text to make it clear that the 
requirement to display the sign for a minimum of three seconds only 
applies if the notification disappears automatically (as opposed to if 
the customer manually dismisses the notification). Simply stated, an 
institution could enable a customer to affirmatively dismiss the 
notification or could permit the notification to remain on the page for 
a minimum of 3 seconds. In addition, IDIs could combine these two 
options through a notification that could either be dismissed manually 
by the customer or disappear automatically after a minimum of 3 
seconds. The notification would not need to remain on the page for 3 
seconds if the customer affirmatively dismisses the notification before 
3 seconds elapses.
    Although some commenters believe the one-time notification is 
duplicative, and one commenter stated that the notification is not 
sufficient to inform IDI customers, the revised requirement preserves a 
customer notification function, while providing IDIs with greater 
flexibility such that the notification does not meaningfully degrade 
the user experience on IDIs' digital deposit-taking channels.
5. Additional Disclosures Permitted
    The NPR included language that would have expressly permitted IDIs 
to include additional disclosures in the one-time notification for bank 
customers related to third-party non-deposit products. Some commenters 
requested that the FDIC expand the scope of this provision to give IDIs 
explicit flexibility to include additional disclosures generally, and 
not just with respect to the one-time notification.
    Since the 2023 Final Rule was adopted, the FDIC has observed IDIs 
that provide additional disclosures on their digital deposit-taking 
channels to clarify the availability of FDIC insurance on certain 
products.\19\ This demonstrates that digital deposit-taking channels 
can differ widely and IDIs may identify instances where additional 
disclosures would prevent consumer confusion or otherwise benefit 
consumers. The final rule expressly provides IDIs with the latitude to 
display additional disclosures through a new 12 CFR 328.5(f), which 
provides that the signage requirements for digital deposit-taking 
channels do not limit IDIs' ability to display signage and disclosures 
in addition to those required by 12 CFR part 328.
---------------------------------------------------------------------------

    \19\ Examples of additional disclosures on IDIs' digital 
deposit-taking channels include, but are not limited to: ``FDIC 
insurance availability on this page only applies to deposit accounts 
at [IDI name]'' and ``[IDI name] deposit products are FDIC 
insured.''
---------------------------------------------------------------------------

C. Signage Requirements for ATMs and Like Devices

1. FDIC Official Digital Sign Requirements for ATMs and Like Devices
Proposed Rule
    Under 12 CFR 328.4(c), for ATMs that receive deposits and offer 
access to non-deposit products, IDIs are required to display the FDIC 
official digital sign clearly, continuously, and conspicuously on an 
ATM or like device's ``homepage or screen and on each transaction page 
or screen relating to deposits.'' The proposal sought to simplify 
compliance for IDIs and mitigate potential consumer confusion by 
requiring the display of the FDIC official digital sign only on the 
``initial screen'' of an IDI's ATM or like device. The NPR preamble 
stated that an ATM's ``initial screen'' is the screen that is displayed 
before an IDI's customer inserts a debit card or other credentials to 
access the device (sometimes referred to as a ``welcome screen'').
Discussion of Comments
    Two commenters requested clarification on the ``initial screen'' 
requirement for ATMs and like devices. Both commenters believed that 
this language was susceptible to multiple interpretations. One 
commenter argued that the NPR could require the display of signage on a 
device's idle or standby screen, which IDIs often use to advertise a 
range of financial and non-financial products and services, rendering 
it potentially misleading to display the FDIC official digital sign. 
Both commenters suggested that the requirement be changed to require 
display of the FDIC sign on the screen after a customer's engagement 
with the device--whether the insertion of a debit card or credentials 
or some other action, such as pressing a button or touchscreen--that 
would cause the idle or standby screen to stop displaying.
    Another commenter suggested that the description of an ``initial 
screen'' in the preamble to the NPR was technically unworkable. 
Specifically, because the proposal described an initial screen with 
reference to a customer's behavior, this commenter suggested that IDIs 
would need to assess the identity of an ATM's user and their 
relationship to the IDI in order to determine whether signage was 
required. Because the NPR

[[Page 3806]]

preamble described the initial screen as the screen appearing before a 
customer presents credentials, this would be difficult or impossible to 
do.
Final Rule
    To simplify compliance for IDIs and mitigate potential consumer 
confusion, the final rule generally adopts the proposed change that the 
FDIC official digital sign appear on the initial screen of IDIs' ATMs 
and like devices, with one clarification noted below. The FDIC official 
digital sign is no longer required on homepages or screens or on each 
transaction page or screen relating to deposits.
    The proposal, in the preamble, described an ``initial screen'' as 
``the screen that is displayed before an IDI's customer inserts a debit 
card or other credentials to access the device (sometimes referred to 
as a `welcome screen').'' In light of the variability in the types of 
``initial screens,'' as explained by the commenters, the FDIC is 
providing additional precision regarding the ``initial screen'' 
requirement. Many IDIs display rotating advertisements for products, 
services, and events on the screens of idle ATMs, which operate as a 
``screen saver'' prior to engagement by a user. Read literally, the 
preamble's description of an ``initial screen'' could apply to those 
screens. If the FDIC official digital signage appeared with such 
content, it may be misleading. Accordingly, the final rule includes a 
clarification that advertisements of this nature will not be considered 
initial screens for purposes of the ATM signage requirements. Whether 
or not a given device displays advertisements when idle, all ATMs and 
like devices will have at least one ``initial screen'' on which the 
FDIC official digital sign is displayed, consistent with the FDIC's 
goals of ensuring that consumers know when they are doing business with 
an IDI and that an IDI's customers are informed about the insured 
status of their deposits.
2. Limited Exception for Certain ATMs and Like Devices To Display 
Physical FDIC Official Sign
Proposed Rule
    Section 328.4 provides a limited exception to the FDIC official 
digital sign requirement for ATMs and like devices that do not offer 
non-deposit products and were placed into service prior to January 1, 
2025, permitting such devices to display either the FDIC official 
digital sign or the physical FDIC official sign.\20\ To address 
questions about the scope of the physical FDIC official sign exception 
for existing ATMs and like devices and concerns about costs associated 
with updating ATMs and like devices that are already in service, the 
NPR would have expanded the physical sign exception to a wider range of 
ATMs and like devices, giving IDIs greater flexibility to display 
either the physical FDIC official sign or the FDIC official digital 
sign on those devices. Under the proposal, the physical signage 
exception would have been available to (1) all ATMs and like devices 
placed into service prior to January 1, 2027, and (2) all ATMs and like 
devices, regardless of when placed into service, that do not allow 
customers to transact with non-deposit products.
---------------------------------------------------------------------------

    \20\ See 12 CFR 328.4(b) and (e).
---------------------------------------------------------------------------

Discussion of Comments
    Two commenters expressed support for the NPR's expanded exception 
from the digital sign requirement for ATMs and like devices placed into 
service before January 1, 2027, or that do not offer non-deposit 
products.
Final Rule
    The final rule adopts the limited exception for certain ATMs to 
display the physical official sign as proposed, with one change. The 
relevant ``placed into service'' date the NPR proposed for the physical 
sign exception was January 1, 2027, which was aligned with the 
contemplated compliance date. Because the compliance date for this rule 
is April 1, 2027, that date will also serve as the ``placed into 
service'' date for the physical sign exception for ATMs and like 
devices. As noted, commenters did not suggest changes to the proposed 
exception from the digital sign requirement for ATMs and like devices.
3. Degraded or Defaced Physical FDIC Official Signs
Proposed Rule
    Section 328.4(f) provides that a degraded or defaced physical FDIC 
official sign on ATMs and like devices would not be considered to be 
displayed in a clear and conspicuous manner. The NPR would have removed 
this provision. The NPR stated that this provision is not needed 
because an institution is required to clearly and conspicuously display 
the sign, and if the sign is not clear to consumers, the institution 
would not be displaying it clearly.
Discussion of Comments
    A commenter noted that setting minimum standards for the condition, 
clarity, or conspicuousness of physical FDIC signage would create a 
compliance burden for IDIs, particularly community banks that have ATMs 
distributed across rural locations.
Final Rule
    The final rule adopts the proposed deletion of section 328.4(f). As 
noted, this provision is unnecessary in light of an IDI's obligation to 
display signage clearly. Signage that is degraded or defaced to an 
extent that a consumer is unable to read and understand its content 
would not be displayed clearly. The FDIC did not receive any comments 
opposing this aspect of the proposal.
4. Non-Deposit Signage
Proposed Rule
    Section 328.4(d) requires IDIs' ATMs that receive deposits and 
offer access to non-deposit products to clearly, continuously, and 
conspicuously display non-deposit signage ``on each transaction page or 
screen relating to non-deposit products.'' Such non-deposit signage 
must indicate that non-deposit products are not insured by the FDIC; 
are not deposits; and may lose value. In recognition of feedback that 
non-deposit signage requirements for ATMs and like devices are overly 
broad and repetitive, the NPR proposed modifying the non-deposit 
signage requirements for ATMs and like devices in two respects.
    First, under the proposal, a narrower subset of ATMs and like 
devices would have been subject to the non-deposit signage 
requirements. While the non-deposit signage requirements presently 
apply to an ATM or like device that offers access to non-deposit 
products, the proposal would only have required non-deposit signage on 
ATMs or like devices that permit IDI customers to transact with one or 
more non-deposit products.\21\ This change would have removed ATMs and 
like devices from the scope of the non-deposit signage requirements if, 
for example, they merely permit customers to view account balances for 
non-deposit products. Moreover, acknowledging the technical limitations 
IDIs face in verifying information for customers of other financial 
institutions using the IDI's ATMs and like devices (referred to as 
``non-customers''), including whether the non-customer is accessing 
FDIC-insured deposit accounts or non-deposit products, the proposed 
rule would not have required IDIs to display non-deposit signage for 
pages and screens viewed by non-customers.
---------------------------------------------------------------------------

    \21\ Under both the regulation and the proposal, to be subject 
to the non-deposit signage requirements, an ATM or like device must 
also offer access to deposits at an IDI.

---------------------------------------------------------------------------

[[Page 3807]]

    Second, the NPR proposed reducing the pages and screens on which 
display of non-deposit signage would be required, reflecting a more 
focused approach. Although the regulation presently requires non-
deposit signage to be displayed on each transaction page or screen 
relating to non-deposit products, the NPR proposed requiring that non-
deposit signage appear only on the initial transaction page or initial 
transaction screen for a non-deposit product.
Discussion of Comments
    One commenter requested additional clarity regarding whether IDIs 
are required to display non-deposit signage on ATMs and like devices to 
non-customers. As noted above, the preamble to the proposed rule 
acknowledged IDIs' technical limitations regarding determining whether 
a non-customer is accessing FDIC-insured deposit accounts or non-
deposit products. To address these limitations, the proposed rule 
preamble stated that IDIs would be required to display non-deposit 
signage only ``for the IDI's own customers[.]'' This commenter 
suggested that this clarification be made in the regulatory text.
    Another commenter suggested that the FDIC reconsider the screens on 
which ATMs and like devices must display non-deposit signage. This 
commenter suggested that, in practice, the first screen an ATM user 
engages with upon entering their credentials is a page featuring 
various ``shortcuts'' to quickly carry out transactions. Such screens 
could meet the ``initial transaction page'' standard, but inclusion of 
non-deposit signage on such a screen would be potentially misleading as 
to other shortcuts on the page. To address this, the commenter 
recommended that the FDIC require non-deposit signage only on ATM 
screens primarily dedicated to one or more non-deposit products, the 
same standard as the proposal set for digital deposit-taking channels.
    A third commenter expressed support for the proposed changes for 
non-deposit signage requirements on ATMs and like devices, noting that 
the amendments would significantly simplify compliance for IDIs.
Final Rule
    The final rule generally adopts the proposed changes, and in 
response to comments, includes language clarifying that the non-deposit 
signage requirement applies only to customers of the IDI.
    Consistent with the proposal, the final rule requires IDIs to 
display non-deposit signage on its ATMs and like devices only for its 
own customers. Because technological limitations often do not provide 
an IDI with detailed information about the accounts with which non-
customers interact at that IDI's ATM, requiring IDIs to display non-
deposit signage to such users may result in the user viewing a 
confusing or inaccurate disclosure. To provide clarity regarding the 
scope of the requirement, the final rule expressly refers to an 
``insured depository institution's customer,'' consistent with the 
intention that it apply solely to IDI's customers rather than all users 
of an ATM or like device.
    The FDIC is adopting the changes as proposed regarding the screens 
on which the non-deposit sign must be displayed. The ``initial 
transaction page or screen'' includes the first screen displayed upon 
initiating a transaction with a non-deposit product. In response to 
concerns that the requirement might apply to pages and screens with 
``shortcuts,'' it should be noted that a screen that presents a range 
of options and shortcuts, one of which is to transact with a non-
deposit product, would be the screen displayed prior to, rather than 
upon, initiating a transaction with a non-deposit product. Under this 
final rule, the non-deposit signage is to be displayed instead at the 
time a user initiates the process of carrying out a transaction with 
non-deposit products.
    A commenter requested that the FDIC utilize the ``pages or screens 
primarily dedicated to one or more non-deposit products'' standard for 
ATMs and like devices. While such a standard is suitable for digital 
deposit-taking channels, the FDIC believes a different approach is 
warranted for ATMs and like devices. Specifically, ATMs and like 
devices are more typically geared towards completing transactions, 
while digital deposit-taking channel pages contain more informational 
content than would appear on ATM screens.
5. Additional Disclosures Permitted
    Commenters requested that the FDIC give IDIs flexibility to include 
additional disclosures. In response, the final rule adds a new 12 CFR 
328.4(e) that states that nothing in 12 CFR 328.4, which covers ATMs 
and like devices, limits an IDI's ability to include additional 
disclosures beyond what is required by 12 CFR part 328. Since the 2023 
Final Rule was adopted, the FDIC has observed IDIs that provided 
additional disclosures on ATMs and like devices to clarify, for 
example, the FDIC-insured status of an IDI or the products that are 
covered by FDIC insurance. The FDIC appreciates that there may be cases 
where disclosures otherwise not required by the final rule could 
prevent consumer confusion or otherwise benefit an IDI's customers 
regarding the availability of FDIC insurance.

D. Compliance Date

Proposed Rule
    The NPR proposed a compliance date of January 1, 2027, for the 
amended requirements. This delayed compliance date recognized that IDIs 
would need time to update systems and processes to implement changes in 
compliance with the proposed amendments, as well as the fact that not 
all IDIs are currently displaying signage on their digital deposit-
taking channels and ATMs and like devices consistent with the 
regulation.
Discussion of Comments
    Some commenters stated that the NPR's proposal to set a compliance 
date of January 1, 2027, would not provide sufficient time for banks to 
implement updates in accordance with any final rule. The commenters 
noted that coordinating with outside vendors to update technological 
platforms takes time, and that many such vendors institute year-end 
blackout periods. Based on these considerations, some commenters 
suggested that a compliance date be set for 18 months following the 
adoption of any final rule.
    In contrast, another commenter argued that setting a January 1, 
2027 compliance date would be unduly far into the future, risking harm 
to consumers. This commenter suggested a compliance date of 6 months 
after adoption of the final rule. An additional commenter stated that 
the January 1, 2027 compliance date should be suitable, but that delays 
may be necessary if third-party vendors have difficulty making 
necessary changes.
    Relatedly, several commenters suggested that compliance be examined 
differently for IDIs that have already implemented changes to their 
digital deposit-taking channels and ATMs and like devices to comply 
with the rule, although the FDIC delayed compliance with those 
requirements. These commenters asked that the final rule clarify that 
any entity whose platforms meet the requirements of 12 CFR 328.4 and 
328.5 would be deemed to be in compliance with any amended version of 
those sections.
Final Rule
    The final rule adopts a compliance date for the revised 
requirements of 12

[[Page 3808]]

CFR 328.4 and 328.5 of April 1, 2027. This differs slightly from the 
proposed date of January 1, 2027. This ensures that IDIs have at least 
a full year to review the revised requirements and to implement any 
changes necessary to ensure their platforms are in compliance with the 
final rule.
    As noted, on November 25, 2025, the FDIC extended the compliance 
date for the versions of 12 CFR 328.4 and 328.5 that existed prior to 
this rulemaking. In light of this final rule, the January 1, 2027 
compliance date set by the FDIC through the November 25, 2025 extension 
has been superseded. As stated above, the compliance date for the 
amended requirements of 12 CFR 328.4 and 328.5 being made by this final 
rule is April 1, 2027.
    The FDIC is not deeming IDIs currently in compliance with the 
regulation to be in compliance with this rule. An objective of the 
final rule is to refine existing signage requirements to provide IDIs 
with greater flexibility. For the most part, IDIs that have already 
complied with the regulation would be in compliance with this rule. One 
possible exception is that this final rule expressly requires the 
display of the FDIC official digital sign on the deposit account 
opening page.\22\ The FDIC is choosing not to adopt a 
``grandfathering'' approach for this one provision, which would be 
challenging to implement, as it would create two sets of standards 
indefinitely.
---------------------------------------------------------------------------

    \22\ The regulation was not clear as to whether the requirement 
to display the FDIC official digital sign on ``Pages where the 
customer may transact with deposits'' would have required signage on 
deposit account opening pages.
---------------------------------------------------------------------------

E. Technical Amendment

Proposed Rule
    In addition to proposing substantive amendments, the NPR would have 
made a technical amendment to 12 CFR part 328. Section 328.5(c) 
currently provides for a ``digital symbol'' that is defined as the 
portion of the FDIC official digital sign ``consisting of `FDIC' and 
the one line of smaller type to the right of `FDIC'.'' While this 
provision defining the digital symbol is located in subpart A of 12 CFR 
part 328, 12 CFR part 328 discusses the use of the digital symbol only 
in subpart B, which addresses false advertising, misrepresentation of 
insured status, and misuse of the FDIC's name or logo. Given that the 
digital symbol concept applies specifically to the context of subpart 
B, the proposed rule would have implemented a technical amendment to 
transfer the text providing for, and defining, the digital symbol to 12 
CFR 328.101 of subpart B. The proposal stated that this non-substantive 
change would promote readability by ensuring that the definition is 
physically located in the relevant subpart of the regulation.
Discussion of Comments
    The FDIC did not receive comments that concerned the technical 
amendment.
Final Rule
    For the reasons discussed in the NPR, the final rule adopts the 
transfer of the definition of ``digital symbol'' from 12 CFR 328.5 to 
12 CFR 328.101 as proposed and makes one additional conforming revision 
to update a cross-reference.

F. Other Comments

    Finally, commenters offered a number of suggestions not directly 
related to the specific topics addressed in the NPR including, for 
example, translations of required signage into languages other than 
English, the policies and procedures required by 12 CFR 328.8, and the 
provisions of subpart B of 12 CFR part 328 that address false 
advertising, misrepresentation of insured status, and the misuse of the 
FDIC's name or logo. The FDIC appreciates these comments and may 
consider such topics in any future initiative(s).

IV. Expected Effects

    The changes to 12 CFR 328.4 and 328.5 are intended to clarify the 
requirements for the display of the FDIC official digital sign and non-
deposit signage, as well as clarify when such signage is required for 
ATMs and similar devices. These requirements apply to all IDIs. To the 
extent that some IDIs have not already implemented changes to their 
digital operations to comply with 12 CFR 328.4 and 328.5, the final 
rule reduces the number of hours spent to update their systems. The 
final rule also reduces the number of hours spent by IDIs to maintain 
ongoing compliance with 12 CFR 328.4 and 328.5. Given this decrease in 
burden, the changes in the final rule are not expected to result in any 
substantive direct costs to impacted IDIs. Instead, they are expected 
to generate cost savings in the form of reduced administrative effort 
and resource allocation. In addition, the final rule is expected to 
benefit IDIs' customers, who would have a more streamlined browsing 
experience and reduced confusion about which products are FDIC-insured 
when a page shows both deposit and non-deposit products.

A. Cost Savings: Implementation

    The final rule is expected to benefit IDIs by reducing 
implementation costs, including labor and contracting expenses 
associated with IT system modifications, costs to upgrade hardware for 
ATMs and similar devices, and labor costs to make changes to internal 
compliance policies and procedures. The cost savings that would result 
from the final rule vary by IDI depending on the size and complexity of 
an IDI's digital deposit-taking channels, the number of an IDI's ATMs 
and like devices, and the degree to which an IDI relies on third-party 
service providers to provide these channels, ATMs or like devices. The 
FDIC does not have the information necessary to quantify all cost 
savings associated with the final rule. However, the FDIC believes that 
these benefits will be material for certain IDIs because stakeholders 
have, as previously discussed, identified related challenges with 
adopting certain provisions of 12 CFR part 328.
    Although the FDIC cannot quantify all cost savings associated with 
the final rule, it has quantified certain estimated cost savings for 
IDIs associated with the changes to recordkeeping, reporting, and 
disclosure requirements for digital signage and non-deposit signage 
obligations. The FDIC recognizes that the cost estimates in the 2023 
Final Rule may have understated the actual costs, and thus the 
estimated cost savings in this final rule may likewise understate the 
actual cost savings, but the FDIC is using the best estimates it has 
available.
    As of September 30, 2025, 4,388 IDIs are subject to 12 CFR part 
328.\23\ As previously discussed, the final rule poses two principal 
effects for affected IDIs. First, the final rule reduces the number of 
digital screens or pages on which the FDIC official digital sign must 
appear. Second, the final rule narrows certain non-deposit signage 
requirements. The FDIC does not have data identifying the number of 
IDIs that maintain digital deposit-taking channels, including websites 
or mobile applications; therefore, for purposes of this analysis, the 
FDIC assumes that all IDIs would experience cost savings resulting from 
the final rule. Based on these changes, the FDIC estimates an average 
reduction of 19 hours per IDI for implementation-related recordkeeping, 
reporting, and disclosure activities alone.\24\ At an estimated average 
hourly

[[Page 3809]]

labor cost of $123,\25\ the final rule would result in cost savings of 
$2,330 per IDI, on average, in the implementation period prior to the 
compliance deadline for the final rule. Across 4,388 IDIs, the 
estimated effect is more than $10.2 million in implementation cost 
savings.\26\
---------------------------------------------------------------------------

    \23\ FFIEC Reports of Condition and Income (Call Reports), 
September 30, 2025.
    \24\ The 19 hours represent a 32-percent time savings from the 
60 hours of implementation burden estimated in the 2023 Final Rule.
    \25\ To estimate the average hourly labor cost, the FDIC assumes 
that the labor used to comply with the final rule would be performed 
in part by Managers/Executives (at $158.33 per hour, 36 percent), 
Clerical Workers (at $42.33 per hour, 24 percent), Lawyers (at 
$178.57 per hour, 17 percent), IT professionals (at $115.86 per 
hour, 18 percent), and Compliance Officers (at $80.32 per hour, 4 
percent). The FDIC uses the 75th percentile hourly wages reported by 
the Bureau of Labor Statistics (BLS) National Industry-Specific 
Occupational Employment and Wage Estimates (OEWS) for the relevant 
occupations in the Depository Credit Intermediation sector as of May 
2024. These wages were increased by 53 and 5 percent to account for 
non-wage compensation and wage inflation between May 2024 and 
September 2025.
    \26\ 19 hours x $122.62 per hour x 4,388 institutions = 
$10,223,075.
---------------------------------------------------------------------------

    Although the compliance date for the final rule's amendments to 12 
CFR 328.4 and 328.5 is forthcoming, some IDIs may have already taken 
steps to implement the 2023 Final Rule in anticipation of its original 
compliance deadline of January 1, 2025, or its previously revised 
compliance deadline of March 1, 2026. As a result, these IDIs may not 
realize full cost savings from the final rule changes. In some cases, 
they may even incur voluntary costs to reverse or modify signage or 
systems that are no longer required under the final rule. It is also 
possible that such IDIs will choose to maintain compliance with the 
broader requirements in the 2023 Final Rule and therefore avoid any 
reversal costs. For purposes of this analysis, the FDIC assumes that 
all IDIs would experience cost savings generated by the final rule, and 
estimates the average cost savings for an IDI that has not yet taken 
steps to comply with current requirements under 12 CFR 328.4 and 328.5.
    While the quantified implementation cost savings may be relatively 
small, the unquantified implementation cost savings are likely to be 
material for some IDIs.

B. Cost Savings: Ongoing Compliance

    In addition to reducing implementation burden in the period leading 
to the amended compliance date, the final rule generates ongoing 
compliance cost savings in subsequent years. IDIs typically incur 
recurring compliance costs to maintain, review, and update their 
signage and related systems in accordance with regulatory requirements. 
Further, ongoing compliance with FDIC signage requirements can be a 
factor in costs for third-party service agreements, hardware 
replacement, as well as validation and testing of service delivery 
channels. The FDIC does not have the information necessary to quantify 
all ongoing cost savings associated with the final rule. However, the 
final rule reduces the scope of these ongoing activities and thereby 
generates associated cost savings for all affected IDIs. As noted 
above, these savings will vary across IDIs, based on the size and 
complexity of their operations.
    For purposes of this analysis, the FDIC has quantified ongoing cost 
savings for all IDIs associated with the changes to recordkeeping, 
reporting, and disclosure requirements for digital signage and non-
deposit signage obligations only. The FDIC categorizes IDIs by asset 
size as a proxy for the complexity of digital operations, consistent 
with the methodology used in the 2023 Final Rule: IDIs with less than 
$10 billion in assets and those with $10 billion or more. According to 
the latest Call Report data, there are 4,231 IDIs in the smaller IDI 
group and 157 in the larger.\27\ The FDIC estimates that the final rule 
would reduce ongoing annual recordkeeping, reporting, and disclosure 
compliance labor hours for smaller IDIs by an average time savings of 3 
hours and 10 minutes. For larger IDIs, the estimated annual time 
savings is 6 hours and 20 minutes.\28\
---------------------------------------------------------------------------

    \27\ FFIEC Call Reports, September 30, 2025.
    \28\ The estimated time savings of 3 hours and 10 minutes for 
smaller IDIs and 6 hours and 20 minutes for larger IDIs are 
approximately 32 percent of the corresponding burdens estimated in 
the 2023 Final Rule and are proportionally in line with the 
estimated time savings for the implementation cost.
---------------------------------------------------------------------------

    Using the same estimated average hourly labor cost of $123 as 
above, the estimated ongoing annual cost savings are approximately $388 
per small IDI and $777 per large IDI, on average, for a total annual 
cost savings of approximately $1.64 million for smaller IDIs and 
approximately $122 thousand for larger IDIs. This yields a total 
estimated ongoing annual cost savings associated with changes to 
recordkeeping, reporting, and disclosure requirements of approximately 
$1.76 million across all FDIC-insured depository institutions.

C. Intangible Benefits and Costs

    The changes in the final rule may also result in indirect or 
intangible effects that are more difficult to quantify.
    In addition, the final rule is expected to benefit consumers by 
improving their experience with IDIs' digital channels. For example, 
the changes allow IDIs to tailor digital signage placement to better 
meet the needs of the customer, resulting in more targeted and less 
duplicative disclosures. The elimination of the notification dismissal 
requirement may therefore reduce interruptions to the browsing 
experience. The removal of the requirement to display the FDIC official 
digital sign on ``pages where the customer may transact with deposits'' 
may eliminate consumer confusion about which products are FDIC-insured 
when a page shows both deposit and non-deposit products. Overall, these 
changes would lead to a more streamlined and less cluttered customer 
experience. The FDIC does not have the data available to quantify these 
effects but believes the final rule would provide substantial benefits 
to consumers of IDIs' digital channels.
    At the same time, the changes may introduce some intangible costs. 
For example, reducing signage requirements could result in less visible 
or less consistent disclosure of deposit insurance coverage. IDIs that 
have already implemented changes to their digital operations to comply 
with 12 CFR part 328 may incur some costs to modify their systems in 
response to the final rule. More flexibility in how different 
institutions implement the requirements could potentially lead to 
greater variability in customer experience across the industry. The 
FDIC believes these effects will be minimal; under the final rule, 12 
CFR part 328 would still require IDIs' digital operations to provide 
clarity to consumers about the extent to which or the manner in which 
products are insured by the FDIC.
    Finally, the timing of compliance may also influence intangible 
effects. Given the extension of the compliance date, some institutions 
would benefit from increased flexibility in integrating the new 
requirements into ongoing system updates or signage cycles. However, a 
longer transition period may also lead to temporary inconsistencies in 
signage across institutions, which could affect customer experience to 
a limited extent.

V. Alternatives Considered

    The FDIC has considered several alternatives to the final rule that 
could meet the objectives of this rulemaking, including proposals 
suggested by commenters in response to the 2023 Final Rule and the NPR. 
For the reasons described, the FDIC views the final rule as the most 
appropriate and effective means of achieving its policy objectives with 
respect to 12 CFR part 328.
    The FDIC considered not promulgating any regulatory action to amend 
12 CFR part 328. However, as

[[Page 3810]]

previously discussed, the FDIC has identified challenges with, and 
potential improvements for, the FDIC's sign and advertisement 
regulations under subpart A of 12 CFR part 328. As discussed in section 
IV, Expected Effects, of this document, the final rule has clear, 
quantifiable cost savings, among other benefits, over this no-action 
alternative with minimal costs to IDIs and their customers.
    The FDIC also considered eliminating the regulations in 12 CFR 
328.4 and 328.5 to remove digital signage requirements entirely. 
However, as described in the 2023 Final Rule, the FDIC believes there 
are benefits to updates to 12 CFR part 328 to address potential 
uncertainties that could dilute or undermine the confidence that 
underpins banks and our nation's broader financial system. The final 
rule would advance the 2023 Final Rule's objective to ensure that 
consumers, businesses, and other entities better understand when their 
funds are protected by FDIC deposit insurance, while increasing the 
flexibility for IDIs in the marketing of their products and services.

VI. Regulatory Analysis

A. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency, 
in connection with a final rule, to prepare and make available for 
public comment a final regulatory flexibility analysis that describes 
the impact of the final rule on small entities.\29\ However, a final 
regulatory flexibility analysis is not required if the agency certifies 
that the final rule will not, if promulgated, have a significant 
economic impact on a substantial number of small entities. The Small 
Business Administration (SBA) has defined ``small entities'' to include 
banking organizations with total assets of less than or equal to $850 
million.\30\ Generally, the FDIC considers a significant economic 
impact to be a quantified effect in excess of 5 percent of total annual 
salaries and benefits or 2.5 percent of total noninterest expenses. The 
FDIC believes that effects in excess of one or more of these thresholds 
typically represent significant economic impacts for FDIC-supervised 
institutions. For the reasons described below, the FDIC certifies that 
the final rule will not have a significant economic impact on a 
substantial number of small entities.
---------------------------------------------------------------------------

    \29\ 5 U.S.C. 601 et seq.
    \30\ The SBA defines a small banking organization as having $850 
million or less in assets, where an organization's ``assets are 
determined by averaging the assets reported on its four quarterly 
financial statements for the preceding year.'' See 13 CFR 121.201 
(as amended by 87 FR 69118, effective December 19, 2022). In its 
determination, the ``SBA counts the receipts, employees, or other 
measure of size of the concern whose size is at issue and all of its 
domestic and foreign affiliates.'' See 13 CFR 121.103. Following 
these regulations, the FDIC uses an insured depository institution's 
affiliated and acquired assets, averaged over the preceding four 
quarters, to determine whether the insured depository institution is 
``small'' for the purposes of RFA.
---------------------------------------------------------------------------

    As described in section IV, Expected Effects, of this document, the 
final rule affects all institutions whose deposits are insured by the 
FDIC. According to recent Call Reports, there are 4,388 such IDIs.\31\ 
Of these, approximately 3,062 are considered small entities for the 
purposes of the RFA (small entity IDIs).\32\
---------------------------------------------------------------------------

    \31\ FFIEC Call Reports, September 30, 2025.
    \32\ Id.
---------------------------------------------------------------------------

    As a result of the final rule, IDIs with less than $10 billion in 
assets \33\ would spend an estimated 19 fewer hours, on average, to 
update their digital operations in the first period in order to comply 
with the recordkeeping, reporting, and disclosure provision of the 2023 
Final Rule. At average labor costs of $123 per hour,\34\ the estimated 
first-year cost savings would be approximately $2,330 per IDI, or 
approximately $7.1 million for all small entity IDIs--less than a tenth 
of a percent of annual salaries and benefits for these 3,062 entities 
in aggregate. At the individual IDI level, the estimated first-year 
cost savings would not exceed even one percent of the total annual 
salaries and benefits for any small entity IDI. For subsequent years, 
the estimated costs savings are even smaller: an IDI with less than $10 
billion in assets is expected to spend 3 hours and 10 minutes less 
(equivalent to $388) per year,\35\ on average, to comply with the 
recordkeeping, reporting, and disclosure provisions within 12 CFR part 
328 as a result of the final rule. Thus, the final rule is unlikely to 
significantly impact any small entity IDI.
---------------------------------------------------------------------------

    \33\ All 3,062 small entity IDIs have less than $10 billion in 
assets.
    \34\ To estimate the average hourly labor cost, the FDIC assumes 
that the labor used to comply with the final rule would be performed 
in part by Managers/Executives (at $158.33 per hour, 36 percent), 
Clerical Workers (at $42.33 per hour, 24 percent), Lawyers (at 
$178.57 per hour, 17 percent), IT professionals (at $115.86 per 
hour, 18 percent), and Compliance Officers (at $80.32 per hour, 4 
percent). The FDIC uses the 75th percentile hourly wages reported by 
the Bureau of Labor Statistics (BLS) National Industry-Specific 
Occupational Employment and Wage Estimates (OEWS) for the relevant 
occupations in the Depository Credit Intermediation sector as of May 
2024. These wages were increased by 53 and 5 percent to account for 
non-wage compensation and wage inflation between May 2024 and 
September 2025.
    \35\ $388 per year = 3:10 hours x $123 per hour.
---------------------------------------------------------------------------

    The final rule would also provide benefits other than the cost 
savings described above, including greater flexibility in signage 
design and placement, improved customer experience, and reduced staff 
time allocated to maintaining signage compliance across multiple 
channels and devices. As noted in section IV, Expected Effects, of this 
document, the FDIC is unable to quantify these effects. However, the 
FDIC believes these effects, while potentially substantial for certain 
IDIs, are likely to be minimal in the aggregate.
    Given the expected effects of the final rule described above, the 
FDIC certifies that the final rule would not have a significant 
economic impact on a substantial number of small entities.

B. Paperwork Reduction Act

    Certain provisions of the final rule contain ``collections of 
information'' within the meaning of the Paperwork Reduction Act (PRA) 
of 1995.\36\ In accordance with the requirements of the PRA, the FDIC 
may not conduct or sponsor, and the respondent is not required to 
respond to, an information collection unless it displays a currently 
valid Office of Management and Budget (OMB) control number. The FDIC 
will submit the proposed revisions to these information collections to 
OMB for review under section 3507(d) of the PRA \37\ and 5 CFR 1320.11 
of the OMB's implementing regulations.\38\ The FDIC is proposing to 
extend for three years, with revision, these information collections.
---------------------------------------------------------------------------

    \36\ 44 U.S.C. 3501 et seq.
    \37\ 44 U.S.C. 3507(d).
    \38\ 5 CFR 1320.11.
---------------------------------------------------------------------------

    Title of Information Collection: FDIC's Official Sign and 
Advertising Requirements, False Advertising, Misrepresentation of 
Insured Status, and Misuse of the FDIC's Name or Logo.
    OMB Number: 3064-0219.
    Frequency of Response: Periodic--see table below.
    Affected Public: Businesses or other for-profit.
    Respondents: Any FDIC-insured depository institution and persons 
that provide deposit-related services to insured depository 
institutions or offer insured depository institution's deposit-related 
products or services to other parties.
    Current Actions: The final rule would revise the currently approved 
information collection to streamline the requirements to display the 
FDIC official digital sign and the display of non-deposit signage to 
certain pages.

[[Page 3811]]

    These changes are reflected in information collections 3-5 on the 
table below.\39\ Based on the latest available data, the estimated 
annual burden associated with all the information collections would 
decrease.
---------------------------------------------------------------------------

    \39\ Details on how each line item of the table was calculated 
can be found in the PRA section of the 2023 Final Rule.

                                     Summary of Estimated Annual PRA Burden
----------------------------------------------------------------------------------------------------------------
                                 Type of burden                   Average number   Average time
    Information collection        (frequency of      Number of     of responses    per response    Annual burden
    (obligation to respond)         response)       respondents   per respondent      (HH:MM)         (hours)
----------------------------------------------------------------------------------------------------------------
1. Signs within Institution     Third-Party                4,231               8            1:00          33,848
 Premises--Banks <$10B, 12 CFR   Disclosure
 328.3 (Mandatory).              (Annual).
2. Signs within Institution     Third-Party                  157             276            2:00          86,664
 Premises--Banks >= $10B, 12     Disclosure
 CFR 328.3 (Mandatory).          (Annual).
3. Signage for ATMs and         Third-Party                4,388           0.333           41:00          59,901
 Digital Deposit-taking          Disclosure
 Channels--Implementation, 12    (Annual).
 CFR 328.4 and 328.5
 (Mandatory).
4. Signage for ATMs and         Third-Party                4,231           0.667            6:50          19,284
 Digital Deposit-taking          Disclosure
 Channels--Banks <$10B--         (Annual).
 Ongoing, 12 CFR 328.4 and
 328.5 (Mandatory).
5. Signage for ATMs and         Third-Party                  157           0.667           13:40           1,435
 Digital Deposit-taking          Disclosure
 Channels--Banks >= $10B--       (Annual).
 Ongoing, 12 CFR 328.4 and
 328.5 (Mandatory).
6. Policies and Procedures--    Recordkeeping              4,388           0.333           80:00         116,880
 Implementation, 12 CFR 328.8    (Annual).
 (Mandatory).
7. Policies and Procedures--    Recordkeeping              4,388           0.667           12:00          35,124
 Ongoing, 12 CFR 328.8           (Annual).
 (Mandatory).
8. Insured Depository           Third-Party                1,500           0.333            2:30           1,250
 Institution Relationships--     Disclosure
 Implementation 12 CFR           (Annual).
 328.102(b)(5) (Mandatory).
9. Insured Depository           Third-Party                1,500           0.667            1:00           1,001
 Institution Relationships--     Disclosure
 Ongoing 12 CFR 328.102(b)(5)    (Annual).
 (Mandatory).
10. Request for Consent to Use  Reporting (On                  1               1            2:00               2
 Non-English Language            occasion).
 Advertising Statement--12 CFR
 328.6(f) (Required to Obtain
 or Retain a Benefit).
                                                 ---------------------------------------------------------------
    Total Annual Burden         ................  ..............  ..............  ..............          355,38
     (Hours).
----------------------------------------------------------------------------------------------------------------
Source: FDIC.
Note: The annual burden estimate for a given collection is calculated in two steps. First, the total number of
  annual responses is calculated as the whole number closest to the product of the annual number of respondents
  and the annual number of responses per respondent. Then, the total number of annual responses is multiplied by
  the time per response and rounded to the nearest hour to obtain the estimated annual burden for that
  collection. This rounding ensures the annual burden hours in the table are consistent with the values recorded
  in the OMB's regulatory tracking system.

C. Plain Language

    Section 722 of the Gramm-Leach Bliley Act \32\ requires the Federal 
banking agencies to use plain language in all proposed and final rules 
published in the Federal Register after January 1, 2000. FDIC staff 
believes the final rule is presented in a simple and straightforward 
manner. The FDIC invited comments regarding the use of plain language 
in the proposed rule but did not receive any comments on this topic.

D. Riegle Community Development and Regulatory Improvement Act of 1994

    Pursuant to section 302(a) of the Riegle Community Development and 
Regulatory Improvement Act of 1994 (RCDRIA),\33\ in determining the 
effective date and administrative compliance requirements for new 
regulations that impose additional reporting, disclosure, or other 
requirements on IDIs, each Federal banking agency must consider, 
consistent with principles of safety and soundness and the public 
interest, any administrative burdens that such regulations would place 
on affected depository institutions, including small depository 
institutions, and customers of depository institutions, as well as the 
benefits of such regulations. In addition, section 302(b) of the RCDRIA 
requires new regulations and amendments to regulations that impose 
additional reporting, disclosures, or other new requirements on IDIs 
generally to take effect on the first day of a calendar quarter that 
begins on or after the date on which the regulations are published in 
final form. The final rule provides IDIs with greater flexibility and 
clarity in the display of FDIC signage on digital deposit-taking 
channels and ATMs and like devices. To ensure IDIs have ample time to 
implement the streamlined requirements, the compliance date for the 
rule will be April 1, 2027.

E. Executive Order 12866

    Executive Order 12866, as amended, provides that the Office of 
Information and Regulatory Affairs (OIRA) will review all ``significant 
regulatory actions'' as defined therein. The FDIC has submitted this 
regulatory act to OIRA for review. OIRA has determined that this final 
rule is not a ``significant regulatory action'' for purposes of 
Executive Order 12866. For more information on the analysis conducted 
in connection with Executive Order 12866, refer to other sections of 
this SUPPLEMENTARY INFORMATION.

F. Executive Order 14192

    Executive Order 14192 directs agencies, unless prohibited by law, 
to

[[Page 3812]]

identify at least 10 existing regulations to be repealed when the 
agency publicly proposes for notice and comment or otherwise 
promulgates a new regulation with total costs greater than zero. 
Executive Order 14192 further requires that new incremental costs 
associated with new regulations shall, to the extent permitted by law, 
be offset by the elimination of existing costs associated with at least 
10 prior regulations. An Executive Order 14192 deregulatory action is 
an action that has been finalized and has total costs less than zero. 
This action is considered an Executive Order 14192 deregulatory action. 
The FDIC estimates that this rule generates $2.0 million in annualized 
cost savings at a 7-percent discount rate, discounted relative to year 
2024, over a perpetual time horizon.

G. Congressional Review Act

    Pursuant to the Congressional Review Act, OMB makes a determination 
as to whether a final rule constitutes a ''major rule,'' defined in the 
Congressional Review Act as any rule that the Administrator of OIRA 
finds has resulted in or is likely to result in (A) an annual effect on 
the economy of $100,000,000 or more; (B) a major increase in costs or 
prices for consumers, individual industries, Federal, State, or local 
government agencies or geographic regions; or (C) significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based enterprises to 
compete with foreign-based enterprises in domestic and export 
markets.\40\ If a rule is determined to be a ``major rule'' by OMB, the 
Congressional Review Act generally provides that the rule may not take 
effect until at least 60 days following its publication.\41\ If a rule 
is not a ``major rule,'' the rule may take effect after the Federal 
agency submits to Congress a report required under the Congressional 
Review Act. OMB has determined the final rule is not a major rule under 
the Congressional Review Act.
---------------------------------------------------------------------------

    \40\ 5 U.S.C. 804(2).
    \41\ 5 U.S.C. 801(a)(3).
---------------------------------------------------------------------------

List of Subjects in 12 CFR Part 328

    Advertising, Bank deposit insurance, Savings associations, Signs 
and symbols.

Authority and Issuance

    For the reasons stated in the preamble, the Federal Deposit 
Insurance Corporation amends part 328 of title 12 of the Code of 
Federal Regulations as follows:

PART 328--FDIC OFFICIAL SIGNS, ADVERTISEMENT OF MEMBERSHIP, FALSE 
ADVERTISING, MISREPRESENTATION OF INSURED STATUS, AND MISUSE OF THE 
FDIC'S LOGO

0
1. The authority citation for part 328 continues to read as follows:

    Authority:  12 U.S.C. 1818, 1819 (Tenth), 1820(c), 1828(a).


0
2. Revise Sec. Sec.  328.4 and 328.5 to read as follows:


Sec.  328.4  Signs for automated teller machines (ATMs) and like 
devices.

    (a) Scope. This section governs signage for insured depository 
institutions' ATMs and other remote electronic facilities (referred to 
as ``like devices'') that receive deposits. For purpose of this 
section, ATMs and like devices are not digital deposit-taking channels.
    (b) Display of FDIC official digital sign. Except as provided in 
paragraph (c) of this section, an insured depository institution must 
clearly, continuously, and conspicuously display the FDIC official 
digital sign specified in Sec.  328.5(b) on the initial screen of the 
insured depository institution's ATMs and like devices. For purposes of 
this paragraph (b), a screen saver or an advertisement for products, 
services, or events on the screen of an idle ATM is not considered the 
``initial screen.''
    (c) Limited exception for certain ATMs to display physical official 
sign. The physical official sign as described in Sec.  328.2 may be 
displayed in lieu of the FDIC official digital sign as described in 
Sec.  328.5(b), for:
    (1) ATMs and like devices placed into service after April 1, 2027, 
that do not permit an insured depository institution's customer to 
transact with a non-deposit product; and
    (2) ATMs and like devices placed into service on or before April 1, 
2027.
    (d) Non-deposit signage. An insured depository institution's ATM 
and like device that both receive deposits and permit the insured 
depository institution's customer to transact with one or more non-
deposit products must clearly, continuously, and conspicuously display 
signage indicating that the non-deposit products: are not insured by 
the FDIC; are not deposits; and may lose value. This signage must be 
displayed on the first page or screen displayed upon initiating a 
transaction with a non-deposit product.
    (e) Additional disclosures permitted. This section does not limit 
an insured depository institution's ability to include additional 
disclosures.


Sec.  328.5  Signs for digital deposit-taking channels.

    (a) Scope. This section governs signage for digital deposit-taking 
channels, including insured depository institutions' websites and web-
based or mobile applications, that offer the ability to make deposits 
electronically and provide access to deposits at insured depository 
institutions. This section does not apply to ATMs and like devices as 
described in Sec.  328.4.
    (b) Design. In general, the ``FDIC'' in the FDIC official digital 
sign shall be displayed in bold, navy blue or black, and the ``FDIC-
Insured--Backed by the full faith and credit of the U.S. Government'' 
shall be displayed in smaller type, in italic, and with navy blue or 
black lettering. The entire FDIC official digital sign shall be 
displayed in Source Sans Pro Web or similar font. For an FDIC official 
digital sign that would be illegible if displayed in the colors listed 
in this paragraph (b), due to the color of the background, the FDIC 
official digital sign shall be displayed in white to contrast with the 
background, and must otherwise comply with the other format 
requirements listed in this paragraph (b). The official digital sign 
required by the provisions of this section shall have the following 
design, for which wrapping may be permitted to address space 
constraints:

Figure 1 to Paragraph (b)
[GRAPHIC] [TIFF OMITTED] TR29JA26.011

    (c) Display of FDIC official digital sign. An insured depository 
institution's digital deposit-taking channel must clearly, 
continuously, and conspicuously display the FDIC official digital sign 
specified in paragraph (b) of

[[Page 3813]]

this section on the following pages or screens:
    (1) Initial page or homepage of the website or application;
    (2) Login page; and
    (3) Page or screen where the consumer first initiates a deposit 
account opening.
    (d) Non-deposit signage--(1) Display of non-deposit signage. (i) An 
insured depository institution's digital deposit-taking channel that:
    (A) Offers the ability to make deposits electronically and provides 
access to deposits; and
    (B) Advertises or provides information about, or access to, one or 
more non-deposit products must clearly, continuously, and conspicuously 
display signage indicating that the non-deposit products: are not 
insured by the FDIC; are not deposits; and may lose value.
    (ii) This signage must be displayed on all pages or screens 
primarily dedicated to advertising or providing information about, or 
access to, one or more non-deposit products.
    (2) One-time notification for insured depository institution 
customers related to third-party non-deposit products--(i) Notification 
requirement. An insured depository institution's digital deposit-taking 
channel that provides access to a non-deposit product from a non-bank 
third party's online interface must provide a one-time per session 
notification to an insured depository institution customer who is 
logged into the insured depository institution's digital deposit-taking 
channel before the customer leaves the insured depository institution's 
digital deposit-taking channel to access the non-bank third party's 
non-deposit product.
    (ii) Content of notification. The notification in paragraph 
(d)(2)(i) of this section must clearly and conspicuously indicate that 
the third party's non-deposit products: are not insured by the FDIC; 
are not deposits; and may lose value.
    (iii) Dismissal of notification. The notification requirement in 
paragraph (d)(2)(i) of this section is satisfied if the notification, 
either or both:
    (A) Is dismissed by an affirmative act of the bank customer, such 
as a click or swipe, after any period of time; or
    (B) Automatically disappears after being displayed for a minimum of 
three seconds.
    (e) Examples of clear, continuous, and conspicuous placement. 
Examples of the FDIC official digital sign and non-deposit signage 
placement that would satisfy the ``clear, continuous, and conspicuous'' 
standard include, but are not limited to, the following:
    (1) The homepage of an insured depository institution's website 
that continuously displays the FDIC official digital sign near the top 
of the page and adjacent to the insured depository institution's name;
    (2) The login page for an insured depository institution's mobile 
application that displays the FDIC official digital sign immediately 
adjacent to the username and password fields;
    (3) The deposit account opening page for an insured depository 
institution's web-based application that displays the FDIC official 
digital sign near the top or center of the page; and
    (4) With respect to non-deposit signage, a page on an insured 
depository institution's website promoting, for example, annuities 
available for purchase, with non-deposit signage appearing towards the 
bottom of the page in a manner that distinguishes the text of the non-
deposit signage from the smallest text on the page using, for example, 
bold or larger text, or surrounding the signage with a text box.
    (f) Additional disclosures permitted. This section does not limit 
an insured depository institution's ability to include additional 
disclosures.

0
3. Amend Sec.  328.101 by adding the definition for ``Digital symbol'' 
in alphabetical order and revising the definition for ``FDIC-Associated 
Images'' to read as follows:


Sec.  328.101  Definitions.

* * * * *
    Digital symbol means the portion of the FDIC official digital sign, 
as set forth in Sec.  328.5(b), consisting of ``FDIC'' and the one line 
of smaller type to the right of ``FDIC''.
* * * * *
    FDIC-Associated Images means the Seal of the FDIC, alone or within 
the letter C of the term FDIC; the Official Sign and Symbol of the 
FDIC, as set forth in Sec.  328.2; the FDIC Official Digital Sign set 
forth in Sec.  328.5; the Digital Symbol set forth in this Sec.  
328.101; the Official Advertising Statement, as set forth in Sec.  
328.6; any similar images; and any other signs and symbols that may 
represent or imply that any deposit, liability, obligation certificate, 
or share is insured or guaranteed in whole or in part by the FDIC.
* * * * *

Federal Deposit Insurance Corporation.

    By order of the Board of Directors.

    Dated at Washington, DC, on January 22, 2026.
Jennifer M. Jones,
Deputy Executive Secretary.
[FR Doc. 2026-01806 Filed 1-28-26; 8:45 am]
BILLING CODE 6714-01-P