Are there any size requirements for the following lobby notices: CRA Notice, Annual Financial Disclosure Notice, Equal Housing Poster, HMDA Data Availability Notice, and Regulation CC Funds Availability Notice? Can these notices be displayed on an electronic board that switches between the notices? What does the term “prominently displayed” mean with respect to the Equal Housing Poster? Also, can you confirm that we are not required to disclose our rates on a rate board in our lobby?

There are size requirements for some (but not all) of the notices listed in your questions. If there are no express size requirements, generally these notices should be sized and placed so that customers are able to see the notices and easily read their text. Each notice is addressed separately below.

CRA Notice: The size and placement of the CRA Notice may vary, provided that it is of a sufficient size that customers can easily see and read it.

Annual Financial Disclosure Notice.  As of April 17, 2019, FDIC banks no longer are required to prepare an annual financial disclosure statement and no longer required to display a notice of the disclosure statement.

Equal Housing Poster.  Your bank may display either the FDIC’s Equal Housing Lender poster or HUD’s Equal Housing Opportunity poster, both of which must be 11 x 14 inches. Additionally, the poster must be placed “in a central location within the bank where deposits are received” or where “loans for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling or any loan secured by a dwelling” are made.

HMDA Data Availability Notice.  We are not aware of any size requirements for the HMDA Data Availability Notice, which must be posted in the lobby of a bank’s home office and in the lobby of each branch that is located in a Metropolitan Statistical Area or Metropolitan Division. However, since the notice must “clearly convey” that the bank’s HMDA data is available on the CFPB’s website, the notice should be large enough that customers can easily see and read it.

Regulation CC Funds Availability Notice. We are not aware of any size requirements for Regulation CC’s Funds Availability Notice, which must be posted in a conspicuous place in each location where a bank’s employees receive deposits for consumer accounts. Although the notice does not need to be posted at each teller window, it must be posted in a place where consumers are likely to see it before making their deposits.

In our view, these required notices should be posted continuously. Consequently, we do not recommend displaying them one-by-one on an electronic board for timed intervals.

Also, we are not aware of any regulations that require a bank to display a deposits rate board in its lobby. If your bank does choose to do so, the rates must be stated as an annual percentage yield (APY). In addition, the rate board must not state any other rates except for the interest rate in conjunction with the APY to which it relates, and it must provide that consumers should contact a bank employee for further information about applicable fees and terms.

For resources related to our guidance, please see:

  • FDIC CRA Regulations, 12 CFR 345.44 (“A bank shall provide in the public lobby of its main office and each of its branches the appropriate public notice set forth in Appendix B of this part.”)
  • FDIC CRA Regulations, 12 CFR 345, Appendix B, CRA Notice
  • Interagency Q&As Regarding Community Reinvestment, Question .44-1 (March 11, 2010) (“Are there any placement or size requirements for an institution's public notice? A1. The notice must be placed in the institution's public lobby, but the size and placement may vary. The notice should be placed in a location and be of a sufficient size that customers can easily see and read it.”)
  • Final Rule, Disclosure of Financial and Other Information by FDIC-Insured State Nonmember Banks, 84 Fed. Reg. 9698, 9698 (March 18, 2019) (“The Federal Deposit Insurance Corporation (FDIC) is amending its regulations by rescinding and removing its regulations entitled Disclosure of Financial and Other Information By FDIC-Insured State Nonmember Banks. Upon the removal of the regulations, all insured state nonmember banks . . . would no longer be subject to the annual disclosure statement requirement set out in the existing regulations. . . . This rule will be effective April 17, 2019.”)
  • FDIC Fair Housing Regulations, 12 CFR 338.4(a) (“Each bank engaged in extending loans for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling or any loan secured by a dwelling shall conspicuously display either the Equal Housing Lender poster set forth in paragraph (b) of this section or the Equal Housing Opportunity poster prescribed by §110.25(a) of the United States Department of Housing and Urban Development's regulations (24 CFR 110.25(a)), in a central location within the bank where deposits are received or where such loans are made in a manner clearly visible to the general public entering the area, where the poster is displayed.”)
  • FDIC Fair Housing Regulations, 12 CFR 338.4(b) (“The Equal Housing Lender Poster shall be at least 11 by 14 inches in size and have the following text: . . .”)
  • HUD Fair Housing Regulations, 24 CFR 110.25(a) (“The fair housing poster shall be 11 inches by 14 inches and shall bear the following legend: . . .”)
  • HUD Fair Housing Regulations, 24 CFR 110.15 (“All fair housing posters shall be prominently displayed so as to be readily apparent to all persons seeking housing accommodations or seeking to engage in residential real estate-related transactions or brokerage services as contemplated by sections 804 through 806 of the Act.”)
  • Regulation C, 12 CFR 1003.5(e) (“A financial institution shall post a general notice about the availability of its HMDA data in the lobby of its home office and of each branch office physically located in each MSA and each MD. This notice must clearly convey that the institution's HMDA data is available on the Bureau's Web site at www.consumerfinance.gov/hmda.”)
  • Regulation C, 12 CFR 1003.2(m)(1) (“Metropolitan Statistical Area or MSA means a Metropolitan Statistical Area as defined by the U.S. Office of Management and Budget.”)
  • Regulation C, 12 CFR 1003.2(m)(2) (“(MD) means a Metropolitan Division of an MSA, as defined by the U.S. Office of Management and Budget.”)
  • Regulation CC, 12 CFR 229.18(b) (“Locations where employees accept consumer deposits. A bank shall post in a conspicuous place in each location where its employees receive deposits to consumer accounts a notice that sets forth the time periods applicable to the availability of funds deposited in a consumer account.”)
  • Regulation CC, Official Interpretations, Paragraph 18(b), Comment 1 (“This paragraph describes the statutory requirement that a bank post in each location where its employees accept consumer deposits a notice of its availability policy pertaining to consumer accounts. The notice that is required must specifically state the availability periods for the various deposits that may be made to consumer accounts. The notice need not be posted at each teller window, but the notice must be posted in a place where consumers seeking to make deposits are likely to see it before making their deposits. For example, the notice might be posted at the point where the line forms for teller service in the lobby. The notice is not required at any drive-through teller windows nor is it required at night depository locations, or at locations where consumer deposits are not accepted.”)
  • Regulation DD, 12 CFR 1030.8(e)(2)(ii) (Indoor signs: “If a sign exempt by paragraph (e)(2) of this section states a rate of return, it shall:

(A) State the rate as an ‘annual percentage yield,’ using that term or the term ‘APY.’ The sign shall not state any other rate, except that the interest rate may be stated in conjunction with the annual percentage yield to which it relates.

(B) Contain a statement advising consumers to contact an employee for further information about applicable fees and terms.”)

  • Regulation DD, Official Interpretations, Paragraph 8(e)(2)(i), Comment 1 (“Indoor signs include advertisements displayed on computer screens, banners, preprinted posters, and chalk or peg boards. Any advertisement inside the premises that can be retained by a consumer (such as a brochure or a printout from a computer) is not an indoor sign.”)