[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.
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\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\
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\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.
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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\
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\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.
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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.
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\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.
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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\
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\31\ FFIEC Call Reports, September 30, 2025.
\32\ Id.
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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.
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\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.
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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.
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\36\ 44 U.S.C. 3501 et seq.
\37\ 44 U.S.C. 3507(d).
\38\ 5 CFR 1320.11.
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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.
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\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.
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\40\ 5 U.S.C. 804(2).
\41\ 5 U.S.C. 801(a)(3).
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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