FDIC Official Statement and Equal Housing Lender Legend and Logo on Promotional Items

Issue/Inquiry

If the Bank has its logo on an item, such as a bank pen in the lobby or a little giveaway at an event, does it have to include the FDIC membership logo as well? If a loan program is referenced, as with a mortgage loan slogan, does the Equal Housing Lender legend and logotype need to appear?

Response Summary

The FDIC official advertising statement must appear in any advertisement intended to promote a bank or its products or services, unless it is impractical to do so, such as on a pen. Any advertisement promoting a loan secured by a dwelling will need to display the Equal Housing Lender logotype and legend in a manner appropriate for the medium being used in the advertisement.

Response Detail

FDIC Official Advertising Statement

Under the FDIC advertising rules, the FDIC official advertising statement must appear in all advertisements that either promote deposit products and services, or non-specific banking products offered by a depository institution. 12 CFR §328.3(c).

The term “advertisement” refers to 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,” although a depository institution may also use “Member of FDIC,” “Member FDIC,” or a reproduction of the symbol in relation to the FDIC at its discretion as the official advertising statement. 12 CFR §328.3(a),(b)(1).

A pen or other promotional item intended to promote the Bank by using its name or its products and services would be considered an advertisement that requires the inclusion of the FDIC official advertising statement. However, some advertisements are not required to use the official advertising statement, such as those which would make it impractical to include the statement (e.g., calendars, matchbooks, pens, pencils, key chains, etc.). 12 CFR §328.3(d)(9).

If the promotional item contemplated by the Bank is a pen or something similar and it falls within the exception noted, the FDIC official advertising statement it is not necessary to include.

Equal Housing Lender

Under the FDIC advertising rules pertaining to Fair Housing, any bank that engages in any form of advertising for any loan for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling or any loan secured by a dwelling must prominently indicate in the advertisement, in a manner appropriate to the advertising medium and format used, that the bank makes loans without regard to race, color, religion, national origin, sex, handicap, or familial status. 12 CFR §338.3(a).

With respect to written and visual advertisement, this requirement can be satisfied by including in the advertisement a copy of the Equal Housing legend and logotype contained in the Equal Housing Lender poster. 12 CFR §338.3(a)(1).

Nowhere in the FDIC Fair Housing advertising regulation is the size of the legend and logotype prescribed, and there is no exception for a particular advertising medium.

Consequently, a promotional item with the name of the Bank and a slogan promoting a loan secured by a dwelling would have to display the Equal Housing legend and logotype. The only consideration would be to display the legend and logotype in a manner appropriate for the medium, which would mean, for a small promotional item, making it legible given the size of the item.

This entry was posted on Monday, August 6th, 2018 at 6:00 am.