Many of the banking laws and regulations related to advertising were written decades ago, well before the internet and/or online banking. While some have been tweaked here and there to address the electronic age, many haven’t. This doesn’t necessarily mean that you can just do whatever you want! You really need to refer to each separate regulation to learn what’s acceptable and what’s not. For example, Regulation DD (Truth in Savings) provides some exemptions when advertising through electronic media; however, the term “electronic media” means radio and television ads but NOT internet ads. Regulation Z (Truth in Lending) and Regulation DD both allow certain disclosures to be “one click away” as long as a link is provided that takes the user directly to the required additional disclosures. In most cases, online advertisements must comply with the same requirements as if the ad was printed in a newspaper. Regulation DD and Z are not the only Regulations that you need to worry about, however; FDIC rules, Fair Housing logos and even UDAAP (just to name a few), can also come into play.
Creativity in your advertising is not wrong; you just need to ensure that you cover your bases and don’t violate any regulations along the way!
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