Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 12 - Banks and Banking |
Chapter III—Federal Deposit Insurance Corporation |
SubChapter B—Regulations and Statements of General Policy |
Part 328 - FDIC Official Signs, Advertisement of Membership, False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC's Name or Logo |
Subpart A - FDIC Official Signs and Advertisement of Membership |
§ 328.4 - Signs for automated teller machines and like devices.
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§ 328.4 Signs for automated teller machines and like devices.
(a) Scope. This section governs signage for insured depository institutions' automated teller machines or other remote electronic facilities that receive deposits.
(b) ATMs or like devices that do not offer access to non-deposit products. Except as provided in paragraph (e), an insured depository institution's automated teller machine or like device that receives deposits for an insured depository institution and does not offer access to non-deposit products may comply with the official sign requirement of this section by either:
(1) Displaying the physical official sign as described in § 328.2 on the automated teller machine, subject to paragraph (f); or
(2) Displaying the FDIC official digital sign as described in paragraph (c) of this section.
(c) Display of FDIC official digital sign. An insured depository institution's automated teller machine or like device that receives deposits for an insured depository institution and offers access to non-deposit products must clearly, continuously, and conspicuously display the FDIC official digital sign as described in § 328.5 on its home page or screen and on each transaction page or screen relating to deposits.
(d) Non-deposit signage. An insured depository institution's automated teller machine or like device that receives deposits for an insured depository institution and offers access to non-deposit products must clearly, continuously, and conspicuously display electronic disclosures indicating that such non-deposit products: are not insured by the FDIC; are not deposits; and may lose value. These disclosures must be displayed on each transaction page or screen relating to non-deposit products. Such signage may not be displayed in close proximity to the FDIC official digital sign.
(e) Automated teller machines and like devices placed into service after January 1, 2025. An insured depository institution's automated teller machine or like device that receives deposits for an insured depository institution and does not offer access to non-deposit products, that is placed into service after January 1, 2025 must display the official digital sign as described in paragraph (c) of this section.
(f) Degraded or defaced physical official signs. A physical official sign that is displayed on an insured depository institution's automated teller machine or like device under paragraph (b)(1) that is degraded or defaced would not be displayed “clearly, continuously, and conspicuously” for purposes of paragraph (b)(1) of this section.