On January 22, 2026, the Federal Deposit Insurance Corporation (FDIC) issued a final rule to amend the signage requirements at 12 CFR 328.4 and 328.5 to provide insured depository institutions with greater flexibility in the display of FDIC signage on digital deposit-taking channels and ATMs and like devices. Compliance is required by April 17, 2027.

Background

On December 20, 2023, the FDIC adopted a final rule entitled “FDIC Official Signs and Advertising Requirements, False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC’s Name or Logo.” The final rule established FDIC signage requirements across banking channels and required full compliance by January 1, 2025. On October 17, 2024, the FDIC delayed the compliance date for the amendments to part 328 subpart A from January 1, 2025 to May 1, 2025. The FDIC further delayed the compliance date until January 1, 2027 for the amendments in Sections 328.4 and 328.5, which include the requirements for displaying the digital sign in digital and ATM channels. The delayed compliance date was intended to allow the FDIC time to develop proposed changes to the regulation to address implementation concerns and potential sources of confusion. However, the delay did not apply to the other amendments made by the final rule to on-premise signage, which went into effect on May 1, 2025.

In August 2025, the FDIC published a notice of proposed rulemaking related to 12 CFR 328.4 and 328.5 and the requirements regarding the (1) FDIC official digital sign design; (2) display of signage on digital deposit-taking channels; and (3) display of signage on ATMs and like devices. The comment period ended on October 20, 2025. Upon consideration of the public comments, implementation costs, ongoing compliance costs, benefits to consumers, and effect on small banks, the FDIC issued the final rule as described in greater detail below.

FDIC Official Digital Sign on Websites and Digital Banking Applications

This section applies to signage for digital deposit-taking channels, including insured bank’s websites and web-based or mobile applications, that offer the ability to make deposits electronically and provide access to deposits. The final rule:

  • Gives banks some flexibility in the color, font, and text size that institutions may use when displaying the FDIC official digital sign.
  • Requires display of the digital sign on a bank’s homepage, login page, and first page of the deposit account opening process.
  • Narrows the requirement to display non-deposit signage only to pages primarily dedicated to advertising or providing information about, or access to, non-deposit products.
  • Permits the one-time notification for bank customers related to third-party non-deposit products to automatically disappear after three seconds.
  • Provides examples of the FDIC official digital sign and non-deposit signage placement that would satisfy the “clear, continuous, and conspicuous” standard as follows:
    1. The homepage of a bank’s website that continuously displays the FDIC official digital sign near the top of the page and adjacent to the bank’s name;
    2. The login page for bank’s mobile application that displays the FDIC official digital sign immediately adjacent to the username and password fields;
    3. The deposit account opening page for bank’s web-based application that displays the FDIC official digital sign near the top or center of the page; and
    4. With respect to non-deposit signage, a page on bank’s website promoting, for example, annuities available for purchase, with non- deposit signage appearing towards the bottom of the page in a manner that distinguishes the text of the non-deposit signage from the smallest text on the page using, for example, bold or larger text, or surrounding the signage with a text box.

FDIC Signage on ATMs and Like Devices

This section applies to signage for bank’s deposit-taking ATMs and other remote electronic facilities (referred to as “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.
  • Clarifies that the sign does not have to display on a screen saver or an advertisement for products, services, or events.
  • Allows the following devices to display the physical FDIC official sign rather than the FDIC official digital sign for : (1) ATMs and like devices placed into service after April 1, 2027 that do not permit an insured depository institution’s customer to transact with a non-deposit product and (2) ATMs and like devices placed into service on or before April 1, 2027.
  • For ATMs and like devices that both receive deposits and permit the bank’s customer to transact with one or more non-deposit products, the ATM or device must display signage on the first page or screen displayed upon initiating a transaction with a non-deposit product indicating that the non-deposit products: are not insured by the FDIC; are not deposits; and may lose value.

If you have questions about implementing the FDIC signage requirements and related policies, reach out to the financial services attorneys at Winthrop & Weinstine, P.A.

January 27, 2026