Joint Comments to the FDIC on the Signage Proposal

Dear Ms. Jones:

The American Bankers Association (ABA) and the Bank Policy Institute appreciate the FDIC's issuance of a proposal that would amend 12 CFR part 328 (subpart A) entitled "FDIC Official Signs, Advertisement of Membership, False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC's Name or Logo" 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 (the Proposal). We will file a detailed comment letter responding to the proposal, and write now to bring your attention to an important matter that we respectfully request the FDIC address expeditiously.

We are concerned that the Proposal places our members in a state of regulatory uncertainty and is likely to impose unnecessary burden due to a looming compliance date of March 1, 2026, under the current rule. To mitigate these concerns, we respectfully request that the FDIC stay the pending compliance dates in the existing rule and pause enforcement of that rule until after the FDIC has completed its consideration of the Proposal and issued a final rule.

On December 20, 2023, the FDIC adopted a final rule (2023 Final Rule) that amended the FDIC's signage and advertisement requirements for insured depository institutions. Subsequently, in recognition of the need for additional clarity and accommodation of IDI digital platforms and product offerings, the FDIC Board pushed back the compliance dates for Sections 328.4 and 328.5 of the 2023 Final Rule to March 1, 2026. If adopted as a final rule, the Proposal would change these sections of the 2023 Final Rule and establish a new compliance date. However, the existing compliance date of March 1, 2026 is not impacted by the Proposal and remains in effect.

This compliance timeline is confusing and imposes unnecessary burden as our members are now required to work towards compliance with a rule that is actively being considered for revision.

We urge the FDIC to stay the existing compliance deadline of March 1, 2026 for sections 328.4 and 328.5.

Download the comment letter to read the full text.