[Kristin]

Our bank would like to do some Google search advertisements. A Google search ad contains a website and then 3 sentences.

When you click on the website the FDIC and EHL will appear at the bottom of the web page. We are unable to put these logos on the advertising copy and wondering if this is okay since the website does have the required statements. Would it make a difference if we have mention of our bank name within the three lines?

We have already gone to our ad agency and told them we need the logos or at the very least the words “Member FDIC & Equal Housing Lender” however they have returned to us with the argument that they have many other large banks that are not required to include the wording. Here was their response:
“You’ll see none of them include a text mention or mark for either EHL or FDIC (all seem to have the appropriate designation on the click-through page), even those that mention rate. So maybe 5/3, US Bank and Chase aren’t as compliant as we are, but they seem to be compliant enough as Google wouldn’t risk the wrath of the Feds by running non-compliant ads.”

Is this something we need to push?

Topic

[rcooper]

Although the FDIC logo rules don’t address web searches specifically, I believe this would likely fall under the exception for advertising in a directory under 12 CFR 328.2(d)(4) since that is essentially the service that the Google search tool is providing. And the EHL logo is required when you are advertising a loan for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling or any loan secured by a dwelling. If you aren’t doing that in the Google blurb you should be fine to omit it there, but include it on your website.

Here are the FDIC’s regulations and an advisory opinion for the use of the logos:
https://www.fdic.gov/regulations/laws/rules/2000-5200.html#fdic2000part328.3
https://www.fdic.gov/regulations/laws/rules/4000-10120.html
https://www.fdic.gov/regulations/laws/rules/2000-6000.html

[Kristin]

Would the EHL logo only be required if we are advertising a specific loan or is it required when advertising our Mortgage Department in general (since they only do mortgage loans)?

Here is an example:
CBandT Mortgage Loans
Competitive Rates, Products & Fees
Financing Your Future

Another example:
Get Pre-Qualified Today
Connect With Our Mortgage Experts
To Make Your Dreams A Reality

[rcooper]

I would suggest it be on all your lending advertisements. Even if they are not for a specific product, the general loan ads would encompass your dwelling secured loan products.

[Kristin]

Thank you so much Robin! This helps tremendously!

[Author]

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