Topic: Advertising & Marketing
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What disclosures are we required to make available on our bank’s website?
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Below is a non-exhaustive list of the disclosures and notices that you may choose to post or may be required to post on your bank’s website. This list may be incomplete depending on the products and services you offer or advertise on your website, some of which may trigger additional disclosure requirements. Privacy Notices The…
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We would like to advertise a special interest rate for certificates of deposit on an outdoor scrolling electronic sign. Do we need to include the word “annual percentage yield” in full, or can we use the shorthand “APY”? Do we need to include both the annual percentage yield and the interest rate?
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We believe an outdoor advertisement that states a rate of return must use the full term “annual percentage yield” at least once. Also, outdoor advertisements must disclose the APY and may (but are not required to) include the interest rate. Regulation DD generally requires advertisements that include a rate of return to “state the rate…
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Our marketing team would like to hold four types of online contests that would be open to the public. The contests would: (1) enter individuals who comment on a video post into a random drawing to win a book, (2) enter individuals who answer a question into a random drawing to win a gift card, (3) award a gift card to the individual who comes the closest to guessing the number of pennies in a pictured piggybank, and (4) solicit nominations of not-for-profits to be entered into a drawing in which an organization chosen at random would win lunch. The value of each of the prizes would be under $600, and our bank has branches in Illinois and Indiana. Can you provide us with any guidance on holding these types of contests?
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We believe each of these promotions would be permissible and would not be considered illegal lotteries under federal or Illinois law since no fees are required to enter. However, we believe that any online posts advertising these promotions would be considered written promotional prize offers subject to the requirements of the Illinois Prizes and Gifts…
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Our marketing department would like our loan officers to email new residential mortgage loan customers to congratulate them on their loans, check in, and encourage them to refer anyone they know in need of a loan to our bank. Do these emails need to comply with the CAN-SPAM rules?
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Whether these emails must comply with the CAN-SPAM rules hinges on whether the emails’ “primary purpose” is deemed to be “commercial” — a fact specific inquiry that depends on the subject line and content of the email. If you are unsure how these emails would be characterized, the conservative approach would be to ensure that…
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A mortgage loan originator (MLO) at our bank would like to post a flyer on social media advertising a residential mortgage loan program for physicians. The flyer contains both the MLO’s Nationwide Mortgage Licensing System (NMLS) identifier and our bank’s NMLS identifier. Does this information need to be listed directly after the message describing the loan program, or is it sufficient under Illinois law for these items to appear anywhere on the flyer?
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We do not believe you are required to include either NMLS identifier on the flyer, but you may include them if you wish to do so. The federal Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act)’s regulations require an MLO to “provide his or her unique identifier to a consumer: (1) Upon request;…
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A mortgage loan originator (MLO) at our bank would like to post a flyer on social media advertising a residential mortgage loan program for physicians. The flyer contains both the MLO’s Nationwide Mortgage Licensing System (NMLS) identifier and our bank’s NMLS identifier. Does this information need to be listed directly after the message describing the loan program, or is it sufficient under Illinois law for these items to appear anywhere on the flyer?
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We do not believe you are required to include either NMLS identifier on the flyer, but you may include them if you wish to do so. The federal Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act)’s regulations require an MLO to “provide his or her unique identifier to a consumer: (1) Upon request;…
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In response to a prior question, you stated that we can advertise the cost of an optional add-on checking account product that includes ID protection, among other benefits, as a “subscription” fee (rather than a “service” fee) if customers are not charged for services they do not receive. May we still refer to the cost of this product as a “subscription” fee if we do charge customers for services they do not receive but clearly disclose that customers who purchase this product may be charged for services they do not receive? The enrollment form customers must sign for this product indicates that they understand that registration or activation may be required for certain benefits and that they will be charged a monthly fee even if they do not register for or activate those benefits. The form also acknowledges that the customer has received a guide with information on how to activate and register for such benefits.
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Whether you refer to the cost of the add-on product as a “service” fee or “subscription” fee, we believe you should exercise caution when charging a fee for an add-on product that customers will not receive unless they take certain steps, as many banks have been cited for charging such fees. In our view, it…
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For a monthly fee, we offer an optional add-on checking account product that includes ID protection, cell phone coverage, credit monitoring, travel and leisure discounts, insurance products, and more. When advertising this product, we would like to refer to the cost as a monthly “subscription” fee rather than a monthly “service” fee. Is this allowable?
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We are not aware of any law or regulation that would prohibit your bank from marketing the cost of an add-on checking account product as a “subscription” fee rather than a “service” fee — provided the fees are clearly disclosed and explained and customers are not charged for any services they do not receive. The…
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The company that hosts our website suggested we add an “Accessibility Statement” to our website, which would encourage users to report accessibility concerns to our bank by phone, email, or letter. Do you recommend that we add such a statement to our website to comply with the Americans with Disabilities Act (ADA)?
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It may be prudent to provide your customers with information on how to report website accessibility concerns to your bank — and to adopt procedures to address such concerns. Unfortunately, there are no hard and fast requirements regarding ADA website accessibility, but this appears to be a low-cost way to assist customers with disabilities in…