The Federal Deposit Insurance Corporation (“FDIC”) has adopted a final rule (“Final Rule”) amending the signage requirements for insured depository institutions’ (“IDIs”) digital deposit-taking channels and automated teller machines (“ATMs”) and like devices.

The Final Rule, which amends Part 328 of the FDIC Regulations (“Part 328”), specifically 12 CFR 328.4 and 328.5, addresses implementation issues and sources of potential confusion raised since the FDIC’s adoption of signage requirements for digital deposit-taking channels and ATMs in 2023. The Final Rule seeks to provide additional flexibility to IDIs while also enabling consumers to better understand when they are conducting business with an IDI and when their funds are protected by the FDIC’s deposit insurance coverage.

The Final Rule sets a compliance date for the revised requirements of sections 328.4 and 328.5 of April 1, 2027.

I. Overview

Key elements of the Final Rule include:

• Providing additional flexibility with respect to the FDIC Official Digital Sign. The Final Rule gives IDIs flexibility in the color, font, and text size that IDIs may use when displaying the FDIC official digital sign.
• Streamlining signage requirements for Digital Deposit-taking Channels. The Final Rule (1) requires clear, continuous, and conspicuous display of the digital sign on an IDI’s homepage; login page; and first page of the deposit account opening process, (2) narrows the requirement to display non-deposit signage to apply only to pages primarily dedicated to advertising or providing information about, or access to, non-deposit products, and (3) permits the one-time notification for bank customers related to third-party non-deposit products to automatically disappear after three seconds.
• Streamlining signage on ATMs and Like Devices. The Final Rule narrows the requirement for the display of the digital sign and non-deposit signage to apply only to the initial screen and initial non-deposit transaction screen, respectively, and permits a wider range of ATMs and like devices to display the physical FDIC official sign rather than the FDIC official digital sign.

II. The Final Rule

A. FDIC Official Digital Sign Design Requirements

The Final Rule requires that the text of the official digital sign be in bold navy blue or black but does not mandate specific color codes. The Final Rule also requires IDIs to use Source Sans Pro Web or any other similar font. These changes are intended to give IDIs sufficient flexibility to exercise reasonable judgment in order to accommodate technical limitations (e.g., space constraints, font availability, and color options for “navy blue”). In addition, the FDIC will continue to provide a standardized—but optional—digital official sign to IDIs via FDICconnect.

B. Display of FDIC Official Digital Sign and Other Signage Requirements for IDIs’ Digital Deposit-Taking Channels

FDIC Official Digital Sign Requirements for Digital Deposit-Taking Channels

The regulation as constituted requires IDIs to display the FDIC official digital sign on an IDI’s digital deposit-taking channel’s (1) initial page or homepage of the website or application, (2) landing or login pages, and (3) pages where a customer may transact with deposits. Following the adoption of that provision as part of the 2023 rule (“2023 Rule”), IDIs raised questions and concerns with implementing these requirements, particularly with respect to “landing pages” and “pages where a customer may transact with deposits.”

Section 328.5(c) of the Final Rule explicitly provides that the FDIC official digital sign is required only on the first page or screen of the deposit account opening process, removing the ambiguous reference to “landing pages” under the 2023 Rule. Under the Final Rule, IDIs are required to display the FDIC official digital sign clearly, continuously, and conspicuously on the (1) initial page or homepage of the website or application, (2) login page, and (3) page or screen where the consumer first initiates a deposit account opening.

Section 328.5(e) of the Final Rule offers examples of what would constitute “clear, continuous, and conspicuous placement” of the FDIC official digital sign, including, among other examples, near the top of the IDI’s homepage adjacent to the insured depository institution's name, and immediately adjacent to the username and password fields on the IDI’s login page.

Static Non-deposit Signage Requirements for Digital Deposit-taking Channels

The 2023 Rule as constituted also requires IDIs to clearly, continuously, and conspicuously display non-deposit signage “on each page relating to non-deposit products” that indicates that non-deposit products are not insured by the FDIC, are not deposits, and may lose value.

To address questions and concerns raised regarding what would be considered a page “relating” to non-deposit products and whether this term includes pages and screens with incidental references to non-deposit products (e.g., homepages or navigation menus or tabs), the Final Rule provides that non-deposit signage is required on a digital deposit-taking channel that (1) offers the ability to make deposits electronically and provides access to deposits, and (2) advertises or provides information about, or access to, one or more non-deposit products.

The Final Rule also adopts a clearer, more specific “primarily dedicated” standard for the pages of an IDI’s digital deposit-taking channel on which non-deposit signage is required. The Final Rule states that IDIs must clearly, continuously, and conspicuously display non-deposit signage on any page that is primarily dedicated to advertising or providing information about, or access to, one or more non-deposit products. On such pages, IDIs must clearly, continuously, and conspicuously display non-deposit signage indicating that non-deposit products are not insured by the FDIC, are not deposits, and may lose value.

IDIs should note that while a common industry practice is to include disclosures towards the bottom of a webpage, signage would not be displayed clearly, continuously, and conspicuously if it appears at the bottom of a webpage, in very small text size. However, the signage would meet the standard in Part 328 so long as the text is displayed more prominently than footnotes. For example, if the non-deposit signage is placed in a text box, or displayed in larger or bolded font, relative to the smallest text on the page, it would be sufficiently clear and conspicuous to meet the standard, notwithstanding its placement towards the bottom of a webpage.

One-time Notification for Bank Customers Related to Third-party Non-deposit Products

The 2023 Rule as constituted also requires IDIs to display a one-time notification when a customer who is logged into an IDI’s digital deposit-taking channel attempts to access non-deposit products through a hyperlink (or similar weblinking feature) to a non-bank third-party platform. The one-time notification must clearly and conspicuously indicate that the non-deposit products: are not insured by the FDIC, are not deposits, and may lose value. IDIs may permit their customers to access the third party’s platform only after such customers act to dismiss the notification.

Under the Final Rule, Section 328.5(d)(2) permits the IDI to have two options with respect to the dismissal of the notification, such that the notification could be dismissed by an act of the customer or dismissed automatically after the customer has been provided a reasonable opportunity— constituting at least three seconds—to read the content.

IDIs should note that the requirement to display the sign for a minimum of three seconds only applies if the notification disappears automatically (as opposed to if the customer manually dismisses the notification). In other words, an institution could enable a customer to affirmatively dismiss the notification or could permit the notification to remain on the page for a minimum of 3 seconds. In addition, IDIs could combine these two options through a notification that could either be dismissed manually by the customer or disappear automatically after a minimum of 3 seconds.

C. Signage Requirements for ATMs and Like Devices

FDIC Official Digital Sign Requirements for ATMs and Like Devices

For ATMs that receive deposits and offer access to non-deposit products, the 2023 Rule requires IDIs to display the FDIC official digital sign clearly, continuously, and conspicuously on an ATM or like device’s homepage or screen and on each transaction page or screen relating to deposits. To simplify compliance for IDIs and mitigate potential consumer confusion, Section 328.4(b) of the Final Rule provides that the FDIC official digital sign only appear on the initial screen of IDIs’ ATMs and like devices. As a result, the FDIC official digital sign is no longer required on homepages or screens or on each transaction page or screen relating to deposits.

In light of the variability in the types of “initial screens,” the Final Rule provides additional precision regarding the “initial screen” requirement. Many IDIs display rotating advertisements for products, services, and events on the screens of idle ATMs, which operate as a “screen saver” prior to engagement by a user. Read literally, the preamble’s description of an “initial screen” could apply to those screens. Accordingly, the Final Rule includes a clarification that advertisements of this nature will not be considered initial screens for purposes of the ATM signage requirements. Whether or not a given device displays advertisements when idle, all ATMs and like devices will have at least one “initial screen” on which the FDIC official digital sign is displayed, consistent with the FDIC’s goals of ensuring that consumers know when they are doing business with an IDI and that an IDI’s customers are informed about the insured status of their deposits.

Limited Exception for Certain ATMs and Like Devices to Display Physical FDIC Official Sign

The 2023 Rule provides a limited exception to the FDIC official digital sign requirement for ATMs and like devices that do not offer non-deposit products and were placed into service prior to January 1, 2025, permitting such devices to display either the FDIC official digital sign or the physical FDIC official sign.

Under Section 328.4(c) of the Final Rule, the physical signage exception is available to (1) all ATMs and like devices placed into service prior to April 1, 2027, and (2) all ATMs and like devices, regardless of when placed into service, that do not allow customers to transact with non-deposit products.

Degraded or Defaced Physical FDIC Official Signs

The 2023 Rule provides that a degraded or defaced physical FDIC official sign on ATMs and like devices would not be considered to be displayed in a clear and conspicuous manner. The Final Rule deletes this provision, stating that such provision is unnecessary in light of an IDI’s obligation to display signage clearly. Signage that is degraded or defaced to an extent that a consumer is unable to read and understand its content would not be displayed clearly.

Non-deposit Signage

Section 328.4(d) currently requires IDI ATMs that receive deposits and offer access to non-deposit products to clearly, continuously, and conspicuously display non-deposit signage “on each transaction page or screen relating to non-deposit products.” Such nondeposit signage must indicate that non-deposit products are not insured by the FDIC, are not deposits, and may lose value.

In recognition of feedback that non-deposit signage requirements for ATMs and like devices are overly broad and repetitive, the Final Rule requires IDIs to display non-deposit signage on its ATMs and like devices only for its own customers. To provide clarity regarding the scope of the requirement, the Final Rule amends the 2023 Rule to expressly refer to an “insured depository institution’s customer,” consistent with the intention that it apply solely to IDI’s customers rather than all users of an ATM or like device.

In addition, under the Final Rule, the non-deposit signage is to be displayed at the time a user initiates the process of carrying out a transaction with non-deposit products.

III. Compliance Dates

On December 20, 2023, the FDIC adopted the 2023 Rule that amended subpart A of Part 328. The amendments made by the 2023 Rule took effect on April 1, 2024, and initially required full compliance by January 1, 2025. See our previous advisory on the 2023 Rule here.

On August 21, 2025, the FDIC issued a notice of proposed rulemaking seeking comment on a proposal that would amend the requirements of 12 CFR 328.4 and 328.5 to address identified implementation issues and potential consumer confusion. Under the proposal, the compliance date for the provisions being amended would have been January 1, 2027.

On November 25, 2025, the FDIC extended the compliance date for the versions of sections 328.4 and 328.5 that existed prior to this rulemaking under the 2023 Rule. In light of this Final Rule, the January 1, 2027 compliance date set by the FDIC through the November 25, 2025 extension has been superseded. As stated above, the compliance date for the amended requirements of sections 328.4 and 328.5 being made by this Final Rule is April 1, 2027.

IV. Conclusion

The Final Rule is intended to provide additional flexibility to IDIs while also enabling consumers to better understand when they are doing business with an IDI and when their funds are protected by the FDIC’s deposit insurance coverage. The amendments made by the Final Rule will take effect on April 1, 2027.

Please note this is a general overview of developments in the law and does not constitute legal advice. Nothing herein creates an attorney-client relationship between the sender and the recipient. If you have any questions about the Final Rule or Part 328, please feel free to contact Joseph D. Simon at (516) 357-3710 or via email at jsimon@cullenllp.com, Elizabeth A. Murphy at (516) 296-9154, or via email at emurphy@cullenllp.com, David Curatolo at (516) 357-3773 or via email at dcuratolo@cullenllp.com, or Gabriela Morales at (516) 357-3850 or via email at gmorales@cullenllp.com.