Are we required to place Truth in Savings information on retail marketing brochures (not direct solicitations)?

Truth in Savings disclosures are required in marketing brochures, even if the brochure is not a direct solicitation. Under Regulation DD, an advertisement is any “commercial message, appearing in any medium, that promotes directly or indirectly: (1) The availability or terms of, or a deposit in, a new account; and (2) For purposes of §§ 1030.8(a) and 1030.11 of this part, the terms of, or a deposit in, a new or existing account.” 12 CFR 1030.2(b). If the brochure your institution is interested in sending out is a commercial message that promotes the availability of an account, the terms of an account, or a deposit in an account, then the Truth in Savings disclosures must be included in the brochure.