We want to advertise on Facebook some generic items and services we offer, such as eStatements and an app to monitor transactions. The app and eStatements are available for both our credit and deposit products. Do we need to include a “Member FDIC” statement on each post, or is that specific to deposit accounts?

We recommend using a “Member FDIC” statement when advertising eStatements or your mobile app, since both features are available for both your deposit and credit accounts. We would view these advertisements as promoting non-specific products and services of your bank, rather than specifically promoting either deposit or non-deposit products. However, if eStatements and your mobile app are available only for loans or other non-deposit products, we believe your bank would be prohibited from using the “Member FDIC” statement on your Facebook advertisements.

The “Member FDIC” statement must be placed on advertisements that promote deposit products and services, as well as “non-specific” advertisements that list the name of your insured depository institution but do not list or describe particular products or services offered by the institution. However, FDIC regulations specifically prohibit banks from placing the “Member FDIC” statement on advertisements related to non-deposit products or hybrid products (a product or service that has both deposit product features and non-deposit product features.) For mixed advertisements that contain information about both insured deposit products and non-deposit products or hybrid products, banks must “clearly segregate the official advertising statement or any similar statement from that portion of the advertisement that relates to the non-deposit products.”

As noted above, we would view eStatements and a mobile app as account features that are available for both deposit and non-deposit (credit) accounts, not as standalone products or services. Consequently, we would view advertisements that promote eStatements and your mobile app as non-specific advertisements of your bank’s products and services for which the “Member FDIC” disclosure is required.

For resources related to our guidance, please see:

FDIC Regulations, 12 CFR 328.3(a) (“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.”)

FDIC Regulations, 12 CFR 328.3(c)(1) (“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 that either promote deposit products and services or promote non-specific banking products and services offered by the institution. For purposes of this § 328.3, an advertisement promotes non-specific banking products and services if it includes the name of the insured depository institution but does not list or describe particular products or services offered by the institution. An example of such an advertisement would be, ‘Anytown Bank, offering a full range of banking services.’”)

FDIC Regulations, 12 CFR 328.3(e) (“(1) Definitions –

(i) Non-deposit product. As used in this part, the term ‘non-deposit product’ shall include, but is not limited to, insurance products, annuities, mutual funds, and securities. For purposes of this definition, a credit product is not a non-deposit product.

(ii) Hybrid product. As used in this part, the term ‘hybrid product’ shall mean a product or service that has both deposit product features and non-deposit product features. A sweep account is an example of a hybrid product.

(2) Non-deposit product advertisements. Except as provided in § 328.3(e)(4), an insured depository institution shall not include the official advertising statement, or any other statement or symbol which implies or suggests the existence of Federal deposit insurance, in any advertisement relating solely to non-deposit products.

(3) Hybrid product advertisements. Except as provided in § 328.3(e)(4), an insured depository institution shall not include the official advertising statement, or any other statement or symbol which implies or suggests the existence of federal deposit insurance, in any advertisement relating solely to hybrid products.

(4) Mixed advertisements. In advertisements containing information about both insured deposit products and non-deposit products or hybrid products, an insured depository institution shall clearly segregate the official advertising statement or any similar statement from that portion of the advertisement that relates to the non-deposit products.

FDIC, FIL-56-2013 — Social Media: Consumer Compliance Risk Management Guidance (December 11, 2013) (“A number of requirements regarding FDIC or NCUA membership and deposit insurance or share insurance apply equally to advertising and other activities conducted via social media as they do in other contexts.

Advertising and Notice of FDIC Membership. Whenever a depository institution advertises FDIC-insured products, regardless of delivery channel, the institution must include the official advertising statement of FDIC membership, usually worded, ‘Member FDIC.’ An advertisement is defined as ‘a commercial message, in any medium, that is designed to attract public attention or patronage to a product or business.’ The official advertisement statement must appear, even in a message that ‘promotes nonspecific banking products and services, if it includes the name of the insured depository institution but does not list or describe particular products or services.’ Conversely, the advertising statement is not permitted if the advertisement relates solely to nondeposit products or hybrid products (products with both deposit and nondeposit features, such as sweep accounts).”)