Rulemaking Updates

We have couple of updates on the rulemaking status of a few key requirements.

FDIC Part 328

On August 19^th, the FDIC issued a Proposed Rule to amend Part 328 regarding the official digital sign and non-deposit signage requirements. The changes are intended to ...simplify requirements for banks’ display of the FDIC official digital sign and non-deposit signage on digital deposit-taking channels, such as bank websites and mobile applications, as well as on ATMs and like devices. The changes …would focus display requirements for the FDIC official digital sign and the non-deposit sign on the screens and pages where signage would be most relevant for consumers. 

You may recall that on March 3, 2025, the FDIC delayed certain portions of its December 2023 Final Rule, specifically to §328.4 (signs for ATMs and similar devices) and §328.5 (signs for digital deposit-taking channels). The FDIC noted at that time the delay was in response to feedback about implementation issues and potential consumer confusion and that it expected to propose changes to address the concerns.

Comments must be received on or before October 20, 2025.

Section 1033

On August 22^nd, the CFPB issued an Advance Notice of Proposed Rulemaking (ANPR) with respect to implementation of the Section 1033 requirements. Specifically, it is seeking comments and additional information on four key areas to help them in crafting a proposed rule. These areas include:

• the proper understanding of who can serve as a “representative” making a request on behalf of the consumer;
• the optimal approach to the assessment of fees to defray the costs incurred by a “covered person” in responding to a customer driven request;
• the threat and cost-benefit pictures for data security associated with section 1033 compliance; and,
• the threat picture for data privacy associated with section 1033 compliance.

Comments must be received on or before October 21, 2025.

Published
2025/08/26