Compliance Date Extension: Sections 328.4 and 328.5 Amendments to FDIC Official Signs and Advertising Requirements, False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC’s Name or Logo Rule

Summary:

The Federal Deposit Insurance Corporation (FDIC) is postponing the compliance date from May 1, 2025 to March 1, 2026 for the requirements under 12 CFR 328.5 related to the display of the FDIC official digital sign on an insured depository institution’s (IDI’s) digital channels, as well as analogous requirements related to IDI’s automated teller machines (ATMs) and like devices under 12 CFR 328.4. This delay will allow the FDIC to propose changes to the regulation for public comment to address implementation concerns and potential sources of confusion. 

Statement of Applicability: The contents of, and material referenced in, this FIL apply to all FDIC-insured financial institutions.

Highlights:

• On December 20, 2023, the FDIC adopted a final rule entitled “FDIC Official Signs and Advertising Requirements, False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC’s Name or Logo,” which, among other things, amended the FDIC’s sign and advertising requirements for IDIs under part 328 subpart A. The amendments made by the final rule took effect on April 1, 2024, and required full compliance by January 1, 2025. On October 17, 2024, the FDIC delayed the compliance date for the amendments to part 328 subpart A from January 1, 2025, to May 1, 2025.
• The FDIC recognizes that the requirements under section 328.5 to display the FDIC’s official digital sign on certain digital channel pages continue to generate questions regarding implementation, and may result in consumer confusion. In an effort to address these and related concerns, the FDIC is further delaying the compliance date for the amendments in sections 328.4 and 328.5 to March 1, 2026. This includes the requirements for displaying the digital sign on an IDI’s digital channels, as well as analogous requirements related to an IDI’s ATMs and like devices.
• The delayed compliance date will allow the FDIC to develop proposed changes to the regulation to address implementation concerns and potential sources of confusion. 
• This delay does not apply to the other amendments made by the final rule to subpart A, such that compliance for those requirements remains unchanged and is required by May 1, 2025.