Regulation DD

What counts as an advertisement

The definition is medium-neutral and turns on commercial intent. Section 1030.2(b) defines an advertisement as a commercial message, appearing in any medium, that directly or indirectly promotes the availability or terms of, or a deposit in, a new account. For the misleading-advertising rule in 1030.8(a) and the overdraft rules in 1030.11, it also covers the terms of, or a deposit in, an existing account. Nothing in that definition turns on whether the message is a video, a post, a page, or a sign.

The misleading and inaccurate prohibitions

Section 1030.8(a) applies to every advertisement in every medium, with no exemptions. The official interpretation is explicit that all advertisements are subject to this rule even though the disclosures required in different media differ. Two of its prohibitions are word-level rules that catch ordinary marketing copy: the "free" rule and the "profit" rule.

The APY trigger and what it drags in

Stating any rate of return is the trigger. Under 1030.8(b), an advertisement that states a rate of return must state it as an "annual percentage yield," using that term. "APY" alone is allowed only if the full phrase appears at least once in the advertisement. No other rate may be stated, except that the interest rate may appear alongside the APY and no more conspicuously than it. Once the APY is stated, 1030.8(c) adds a fixed list of further disclosures, each required clearly and conspicuously to the extent applicable.

Not every rate-adjacent phrase is a trigger. The official interpretation gives three examples that do not trigger the 1030.8(c) list: "One, three, and five year CDs available," "Bonus rates available," and "1% over our current rates," the last only so long as the rates are not determinable from the advertisement. A tiered-rate ad that states an APY must state the APY for every tier with its minimum balance, and a stepped-rate ad that states an interest rate must state all the rates and how long each is in effect. Where rates vary by term or balance, the ad may use a clearly labeled representative example instead of listing everything.

Bonus advertising

A bonus is anything worth more than $10 given for opening, maintaining, renewing, or increasing a balance. Cash, credit, merchandise, or an equivalent all count under 1030.2(f). Interest is not a bonus, and neither is the waiver or reduction of a fee, the absorption of expenses, or anything worth $10 or less in a year. Items of $10 or less must be aggregated per account per calendar year for a specific promotion: four quarterly items worth $7 each trigger the bonus rules, because the consumer is eligible for up to $28. Stating a bonus in an advertisement triggers its own disclosure list under 1030.8(d).

Which channels get which exemption

The exemptions are narrower than the phrase "electronic media" makes them sound. Section 1030.8(e)(1) exempts broadcast or electronic media such as television or radio, outdoor media such as billboards, and telephone response machines from seven specific disclosures: 1030.8(c)(1), (c)(2), (c)(4), (c)(5), (c)(6)(ii), (d)(4), and (d)(5). The official interpretation then removes the internet from that exemption entirely, so most of what a marketing team publishes falls outside it.

What this means for your marketing

Saying one number converts a video into a disclosure job. A savings explainer that never states a rate carries only the 1030.8(a) misleading standard. The moment a rate appears on screen or in the voiceover, 1030.8(b) forces the "annual percentage yield" wording and 1030.8(c) adds up to eight more items. Decide at the scripting stage which videos will carry a rate, and keep the rest of the library rate-free so it clears review quickly.

The television exemption does not travel to YouTube. A broadcast cut approved for air can be republished on a platform and immediately be short five disclosures, because comment 8(e)(1)(i)-1 puts internet postings and email outside 1030.8(e)(1). If the same asset runs in both places, either build the full internet version and let broadcast carry the surplus, or produce two cuts and label them so nobody uploads the wrong one.

A rate is a perishable asset inside an evergreen library. Section 1030.8(c)(2) lets an advertisement state that the APY is accurate as of a specified date, but comment 8(c)(2)-1 requires that date to be recent relative to how often the medium publishes. A number burned into a video that stays up for three years does not meet that standard. Put the rate on a page you can edit, date it, and have the video point to that page rather than reciting the number.

"Free checking" is a claim about the fee schedule. If any maintenance or activity fee may be imposed, 1030.8(a)(2) bars the word, and adding a footnote does not fix it. The product team owns that answer, and it stays stable for months. Record it once so copy review does not reopen it in every draft.

Sort the calendar by what the reviewer has to check. Deposit marketing teams often route everything through one compliance officer, which makes review the bottleneck on publishing volume. Regulation DD gives a clean sorting rule: pieces that state a rate or a bonus need a line-by-line check against 1030.8(c) and (d), and pieces that state neither need only the 1030.8(a) read. Educational content that answers a real question without quoting a number also earns more citations in search and AI answers, so the fast-review pieces are the ones worth publishing most.

What this looks like in a script