Pub. 13 2018-2019 Issue 3

WWW.NEBANKERS.ORG 22 of items aggregate per calendar. This means that even if the item is not given at the time of the account opening, or is given throughout a calendar year and in aggregate those items have more than $10 in value, it is considered a bonus. 13 If a bonus is given, certain disclosuresmust also be given. The advertisement must also include the annual percentage yield, as well as any requirements to obtain the bonus such as time requirements, minimum balance to obtain the bonus or open the account, and when the bonus will be provided. 14 If overdrafts arementioned, the advertisement must disclose each overdraft fee, the transaction categories for which a fee would apply, the time the consumer has to pay the overdraft, and when the bank will not pay an overdraft. 15 This includes any mention of an overdraft limit or overdraft limit balance, even if it is mentioned in a periodic statement or in an automated telephone system, or ATM screen. It does not, however, include any transfer services, such as transferring funds from a savings account to the deposit account to avoid the overdraft, even if there is a fee for the transfer service. 16 There are also specific rules for the FDIC logo. Any adver - tising for a FDIC insurance deposit account should include the official FDIC advertising statement or logo. 17 If the lines will be eligible because the logo has beenmade too small, the lines may be blocked out or dropped, showing just the FDIC symbol. The official statement must be used in advertisements for deposit products and services or promotions for non-specific banking products and services offered by the bank. For example, an advertisement that simply states “‘Anytown Bank, offering a full range of banking services.’" or a vehicle wrapped with the bank’s logo and slogan. The official advertisement state or logo are not required in many scenarios. The bank is not required to use the FDIC state- ment or logo on statements or reports of condition that must be published according to state or federal law. It need not be used on “stationary (except when used for circular letters), envelopes, deposit slips, checks, drafts, signature cards, deposit passbooks, certificates of deposit, etc.” Signs or plates in or on the bank of - fices need not have the statement or logo. It does not have to be included when the bank name is listed in a directory, when an advertisement does not state the bank name or show the bank logo, or when the bank participates in a join advertisement with a non insured bank. Radio or television advertisements shorter than 30 seconds need not use the logo or statement. It also does not need to be included on promotional materials such as calen- dars, pens, and keychains, as it would be impractical. The FDIC advertising statement or logo may not be used in advertisements that are for non FDIC insured products. This list includes non-deposit products, such as insurance products, annuities, mutual funds, securities, credit products and hybrid products, such as a sweep account. If an advertisement is for both FDIC insured and non FDIC insured products, it should be split in such a way that it is clear which products are FDIC insured and which are not. If the bank is advertising a non FDIC insured product, it should state in a clear and conspicuous manner that the product is not insured by the FDIC, that the product is not a deposit or other obligation of, or guaranteed by, the depository institution and that the product is subject to investment risks, including possible loss of the principal amount invested.  1https://www.consumerfinance.gov/eregulations/1030-2/2011- 31727#1030-2-b https://www.consumerfinance.gov/eregulations/1030-Subpart- Interp/2011-31727#1030-2-b-Interp 2https://www.consumerfinance.gov/eregulations/1030-2/2011- 31727#1030-2-h1 https://www.consumerfinance.gov/eregulations/1030-Subpart- Interp/2011-31727#1030-2-a-Interp-1-i 3https://www.consumerfinance.gov/eregulations/1030-8/2011- 31727#1030-8-a 4https://www.consumerfinance.gov/eregulations/1030-Subpart- Interp/2011-31727#1030-8-a-Interp-10-v 5https://www.consumerfinance.gov/eregulations/1030-Subpart- Interp/2011-31727#1030-8-b-Interp-3 and https://www.consumerfinance.gov/eregulations/1030-8/2011- 31727#1030-8-c The FDIC advertising statement or logo may not be used in advertisements that are for non FDIC insured products. This list includes non-deposit products, such as insurance products, annuities, mutual funds, securities, credit products and hybrid products, such as a sweep account. Deposit Advertising — continued from page 21