The FDIC announced last week that there would be additional delays in the compliance dates for some of FDIC signage requirements under Section 328. The March 3, 2025 announcement set out changes to the compliance date specifically for 12 CFR 328.4 and 12 CFR 328.5 the sections relating to the digital sign requirements.
The date by which banks must include the digital sign on their digital deposit taking channels, such as websites and mobile banking applications, as well as ATMs, will now be March 1, 2026.
Based on the updates and changes the FDIC has made to the rule, the compliance dates for the signage rule will now be broken out into three parts with three different dates:
January 1, 2025 – Subpart B. The compliance date for Subpart B, which prohibits false advertising, misrepresentation of insured status, and misuse of the FDIC name or logo, was not delayed in either of the delays and therefore became effective on January 1, 2025.
May 1, 2025 – Official Sign, Advertising Statement, and “Not-Not-May” Disclosures. The FDIC rule change that moved the compliance date from January 1 to May 1, 2025 applied to all of Subpart A, which includes requirements around when the official sign, the advertising statement, and the non-deposit “not-not-may” disclosures should be used. For these items, the compliance date remains May 1, 2025, as those provisions were not part of the most recent delay.
March 1, 2026 – Sections 328.4 and 328.5. The provisions in Subpart A dealing with the digital sign specifically (sections 328.4 and 328.5), however, have now been further delayed until March 1, 2026, giving us the third compliance date. The FDIC also clarified that the policies and procedures required by Section 328.8 (compliance date remains May 1, 2025), will not need to address the requirements in Sections 328.4 or 328.5 until March 1, 2026, which is the full compliance date for these provisions.
One of the questions that came up frequently with the first delay was whether it modified only the compliance date or whether it also modified the ATM installation date set at 12 CFR 328.4(e), which states that, for ATMs that do not offer access to non-deposit products, the digital sign is required only on ATMs installed after January 1, 2025.
It was unclear in the first delay whether that January 1, 2025 date would be changed to May 1, 2025 and it is also unclear whether the date will now be changed to March 1, 2026. The FDIC statement that the delay “includes analogous requirements related to an IDI’s ATM and like devices” is still not definitive on this point. It appears, however, that the FDIC will likely propose changes to the regulation to address points of confusion; these revisions should clarify the “installation date” question about the ATM digital sign requirement.
Because this action by the FDIC does not delay any provisions other than those related to the new digital sign, it seems likely that any changes to the rule will be limited to the two sections relating to the use of the digital sign. The rules regarding the use of the official sign, the advertising statement, and the non-deposit disclosures, as well as the Subpart B prohibitions against misrepresentations and material omissions, appear likely to remain the same.