In August 2022, the FDIC amended its Equal Housing Lender poster to reflect that the former Consumer Response Center had been renamed as the National Center for Consumer and Depositor Assistance. However, Regulation B’s adverse action notice information still references the Consumer Response Center. Should we continue to refer to the Consumer Response Center in adverse action notices? Also, does the Equal Housing Lender poster no longer have an image of a house at the top of the page?

We recommend referencing the “Division of Depositor and Consumer Protection, National Center for Consumer and Depositor Assistance, Federal Deposit Insurance Corporation” on adverse action notices. The CFPB just today released a final rule amending Appendix A to Regulation B to change the contact information for the FDIC required in adverse action notices from “FDIC Consumer Response Center” to “Division of Depositor and Consumer Protection, National Center for Consumer and Depositor Assistance, Federal Deposit Insurance Corporation.” The final rule is effective April 19, 2023, and the mandatory compliance date for the updated contact information in Appendix A of Regulation B is March 20, 2024.

Regarding the Equal Housing Lender poster, your bank may display either the FDIC or HUD’s version of the poster. Both posters must be 11 x 14 inches, but only the HUD version of the poster includes a legend with the house logotype. We recommend using HUD’s version of the poster, since the HUD version includes the house logotype, and the FDIC’s fair housing regulations provide that advertisements including this logotype may satisfy the requirement that your advertisements prominently indicate that your institution makes loans without regard to race, color, religion, national origin, sex, handicap, or familial status.

For resources related to our guidance, please see:

Final Rule, Agency Contact Information (“The Bureau is amending paragraph 2(c) to correct postal address contact information for the FDIC. The contact information will be changed from ‘FDIC Consumer Response Center, 1100 Walnut Street, Box #11, Kansas City, MO 64106’ to ‘Division of Depositor and Consumer Protection, National Center for Consumer and Depositor Assistance, Federal Deposit Insurance Corporation, 1100 Walnut Street, Box #11, Kansas City, MO 64106.’”)

Regulation B, Appendix A to Part 1002 – Federal Agencies to be Listed in Adverse Action Notices (“The following list indicates the Federal agency or agencies that should be listed in notices provided by creditors pursuant to § 1002.9(b)(1). . . .
1. Banks, savings associations, and credit unions with total assets of over $10 billion and their affiliates: Bureau of Consumer Financial Protection, 1700 G Street NW., Washington DC 20006. Such affiliates that are not banks, savings associations, or credit unions also should list, in addition to the Bureau: FTC Regional Office for region in which the creditor operates or Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.

2. To the extent not included in item 1 above:

* * * * *

c. Nonmember Insured Banks, Insured State Branches of Foreign Banks, and Insured State Savings Associations: FDIC Consumer Response Center, 1100 Walnut Street, Box #11, Kansas City, MO 64106.”)
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: . . . IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED AGAINST, YOU SHOULD SEND A COMPLAINT TO: . . . Federal Deposit Insurance Corporation, National Center for Consumer and Depositor Assistance . . .”)
FDIC Fair Housing Regulations, 12 CFR 338.4(c) (The Equal Housing Lender Poster specified in this section was adopted under 24 CFR 110.25(b) of the United States Department of Housing and Urban Development's rules and regulations as an authorized substitution for the poster required in § 110.25(a) of those rules and regulations.”)

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:

EQUAL HOUSING OPPORTUNITY . . .”)

FDIC Fair Housing Regulations, 12 CFR 338.3(a)(1) (“(a) Any FDIC-supervised institution which directly or through third parties engages in any form of advertising of any loan for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling or any loan secured by a dwelling shall prominently indicate in such advertisement, in a manner appropriate to the advertising medium and format utilized, that the FDIC-supervised institutions makes such loans without regard to race, color, religion, national origin, sex, handicap, or familial status.
(1) With respect to written and visual advertisements, this paragraph (a) may be satisfied by including in the advertisement a copy of the logotype with the Equal Housing Lender legend contained in the Equal Housing Lender poster prescribed in § 338.4(b) or a copy of the logotype with the Equal Housing Opportunity legend contained in the Equal Housing Opportunity poster prescribed in 24 CFR 110.25(a) of the United States Department of Housing and Urban Development’s regulations.”)