IBA Compliance Connection

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Do we have to put the “Member FDIC” disclosure on every piece of marketing, even pens, pencils, etc.?

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The “Member FDIC” logo on advertisements is governed by 12 CFR 328.3.

  • The general rule: “(c) Use of official advertising statement in advertisements —(1) General requirement. Except as provided in §328.3(d), each insured depository institution shall include the official advertising statement prescribed in §328.3(b) in all advertisements . . . .”
  • Definition of “advertisement”: “(a) Advertisement defined. The term “advertisement,” as used in this part, shall mean a commercial message, in any medium, that is designed to attract public attention or patronage to a product or business.”
  • The “official advertising statement” Is “Member of the Federal Deposit Insurance Corporation,” “Member of FDIC,” “Member FDIC,” or a reproduction of the FDIC logo.
  • Exception to “Member FDIC” requirement for calendars, pens, etc.: “(d) Types of advertisements which do not require the official advertising statement. The following types of advertisements do not require use of the official advertising statement:  . . . . (9) Advertisements which are of the type or character that make it impractical to include the official advertising statement, including, but not limited to, promotional items such as calendars, matchbooks, pens, pencils, and key chains.”