Title 12 — Banks and Banking
Chapter 44 — Truth in Savings
§ 4302. Disclosure of interest rates and terms of accounts
Statutory text
In general
Except as provided in subsections (b) and (c), each advertisement, announcement, or solicitation initiated by any depository institution or deposit broker relating to any demand or interest-bearing account offered by an insured depository institution which includes any reference to a specific rate of interest payable on amounts deposited in such account, or to a specific yield or rate of earnings on amounts so deposited, shall state the following information, to the extent applicable, in a clear and conspicuous manner:
The annual percentage yield.
The period during which such annual percentage yield is in effect.
All minimum account balance and time requirements which must be met in order to earn the advertised yield (and, in the case of accounts for which more than 1 yield is stated, each annual percentage yield and the account minimum balance requirement associated with each such yield shall be in close proximity and have equal prominence).
The minimum amount of the initial deposit which is required to open the account in order to obtain the yield advertised, if such minimum amount is greater than the minimum balance necessary to earn the advertised yield.
A statement that regular fees or other conditions could reduce the yield.
A statement that an interest penalty is required for early withdrawal.
Broadcast and electronic media and outdoor advertising exception
The Bureau may, by regulation, exempt advertisements, announcements, or solicitations made by any broadcast or electronic medium or outdoor advertising display not on the premises of the depository institution from any disclosure requirements described in paragraph (4) or (5) of subsection (a) if the Bureau finds that any such disclosure would be unnecessarily burdensome.
Disclosure required for on-premises displays
The disclosure requirements contained in this section shall not apply to any sign (including a rate board) disclosing a rate or rates of interest which is displayed on the premises of the depository institution if such sign contains—
the accompanying annual percentage yield; and
a statement that the consumer should request further information from an employee of the depository institution concerning the fees and terms applicable to the advertised account.
Misleading descriptions of free or no-cost accounts prohibited
No advertisement, announcement, or solicitation made by any depository institution or deposit broker may refer to or describe an account as a free or no-cost account (or words of similar meaning) if—
in order to avoid fees or service charges for any period—
a minimum balance must be maintained in the account during such period; or
the number of transactions during such period may not exceed a maximum number; or
any regular service or transaction fee is imposed.
Misleading or inaccurate advertisements, etc., prohibited
No depository institution or deposit broker shall make any advertisement, announcement, or solicitation relating to a deposit account that is inaccurate or misleading or that misrepresents its deposit contracts.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Truth in Savings Act
Pub. L. 102–242 title II § 263 · 105 Stat. 2236
Enacted · 12 U.S.C. § 4302
Pub. L. 102–242, title II, § 263, Dec. 19, 1991, 105 Stat. 2334
Source evidence
Code source credit
Pub. L. 102–242, title II, § 263, Dec. 19, 1991, 105 Stat. 2334Enacted provision · exact public law section
SEC. 263. DISCLOSURE OF INTEREST RATES AND TERMS OF ACCOUNTS. (a) In General.— Except as provided in subsection (b), each advertisement, announcement, or solicitation initiated by any depository institution or deposit broker relating to any demand or interest-bearing account offered by an insured depository institution which includes any reference to a specific rate of interest payable on amounts deposited in such account, or to a specific yield or rate of earnings on amounts so deposited, shall state the following information, to the extent applicable, in a clear and conspicuous manner: (1) The annual percentage yield. (2) The period during which such annual percentage yield is in effect. (3) All minimum account balance and time requirements which must be met in order to earn the advertised yield (and, in the case of accounts for which more than 1 yield is stated, each annual percentage yield and the account minimum balance requirement associated with each such yield shall be in close proximity and have equal prominence). (4) The minimum amount of the initial deposit which is required to open the account in order to obtain the yield advertised, if such minimum amount is greater than the minimum balance necessary to earn the advertised yield. (5) A statement that regular fees or other conditions could reduce the yield. (6) A statement that an interest penalty is required for early withdrawal. (b) Broadcast and Electronic Media and Outdoor Advertising Exception.— The Board may, by regulation, exempt advertisements, announcements, or solicitations made by any broadcast or electronic medium or outdoor advertising display not on the premises of the depository institution from any disclosure requirements described in paragraph (4) or (5) of subsection (a) if the Board finds that any such disclosure would be unnecessarily burdensome. (c) Misleading Descriptions of Free or No-Cost Accounts Prohibited.— No advertisement, announcement, or solicitation made by any depository institution or deposit broker may refer to or describe an account as a free or no-cost account (or words of similar meaning) if— (1) in order to avoid fees or service charges for any period— (A) a minimum balance must be maintained in the account during such period; or (B) the number of transactions during such period may not exceed a maximum number; or (2) any regular service or transaction fee is imposed. (d) Misleading or Inaccurate Advertisements, Etc., Prohibited.— No depository institution or deposit broker shall make any advertisement, announcement, or solicitation relating to a deposit account that is inaccurate or misleading or that misrepresents its deposit contracts.Housing and Community Development Act of 1992
Pub. L. 102–550 § 957(a)(1) · 106 Stat. 3672
Substituted · 12 U.S.C. § 4302(a)
Pub. L. 102–550, § 957(a)(1), substituted “subsections (b) and (c)” for “subsection (b)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–550, § 957(a)(1), substituted “subsections (b) and (c)” for “subsection (b)”.Enacted provision · exact public law section
(1) in subsection (a), by striking “subsection (b)” and inserting “subsections (b) and (c)”;Housing and Community Development Act of 1992
Pub. L. 102–550 § 957(a)(2) · 106 Stat. 3672
Added · 12 U.S.C. § 4302(c)(e)
Pub. L. 102–550, § 957(a)(2), (3), added subsec. (c)
Redesignated · 12 U.S.C. § 4302(c)(e)
Pub. L. 102–550, § 957(a)(2), (3), redesignated former subsecs. (c) and (d) as (d) and (e), respectively
Source evidence
Code amendment note
Subsecs. (c) to (e). Pub. L. 102–550, § 957(a)(2), (3), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.Enacted provision · exact public law section
(2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; andDepartment of Commerce and Related Agencies Appropriations Act, 1997
Pub. L. 104–208 div. A title II § 2604(b) · 110 Stat. 3009
Redesignated · 12 U.S.C. § 4302(c)
Pub. L. 104–208 redesignated par. (1) as entire subsec. (c) and subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively
Struck · 12 U.S.C. § 4302(c)
Pub. L. 104–208 struck out former par. (1) heading and heading and text of former par. (2). Text of former par. (2) read as follows: “For purposes of paragraph (1), a sign shall only be considered to be displayed on the premises of a depository institution if the sign is designed to be viewed only from the interior of the premises of the depository institution.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–208 redesignated par. (1) as entire subsec. (c) and subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively, and struck out former par. (1) heading and heading and text of former par. (2). Text of former par. (2) read as follows: “For purposes of paragraph (1), a sign shall only be considered to be displayed on the premises of a depository institution if the sign is designed to be viewed only from the interior of the premises of the depository institution.”Enacted provision · exact public law section
(b) On-Premises Displays.— Section 263(c) of the Truth in Savings Act (12 U.S.C. 4302(c)) is amended— (1) by striking paragraph (2); (2) by striking “(1) In general.—”; and (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and indenting appropriately.Consumer Financial Protection Act of 2010
Pub. L. 111–203 title X § 1100B(1) · 124 Stat. 1376
Substituted · 12 U.S.C. § 4302(b)
Pub. L. 111–203 substituted “Bureau” for “Board” in two places
Source evidence
Code amendment note
Subsec. (b). Pub. L. 111–203 substituted “Bureau” for “Board” in two places.Enacted provision · exact public law section
(1) by 12 USC 4302 et seq. striking “Board” each place that term appears, other than in section 272(b) (12 U.S.C. 4311), and inserting “Bureau”;Effective date note
Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.
7 of 7 references resolved to an enrolled provision
Editorial Notes
Amendments1992–2010 · 3 rounds
2010
Subsec. (b). Pub. L. 111–203 substituted “Bureau” for “Board” in two places.
1996
Subsec. (c). Pub. L. 104–208 redesignated par. (1) as entire subsec. (c) and subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively, and struck out former par. (1) heading and heading and text of former par. (2). Text of former par. (2) read as follows: “For purposes of paragraph (1), a sign shall only be considered to be displayed on the premises of a depository institution if the sign is designed to be viewed only from the interior of the premises of the depository institution.”
1992
Subsec. (a). Pub. L. 102–550, § 957(a)(1), substituted “subsections (b) and (c)” for “subsection (b)”.
Subsecs. (c) to (e). Pub. L. 102–550, § 957(a)(2), (3), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.
Credits
1991–2010 · 4 acts
- 1991Pub. L. 102–242, title II, § 263, , 105 Stat. 2334
- 1992Pub. L. 102–550, title IX, § 957(a), , 106 Stat. 3896
- 1996Pub. L. 104–208, div. A, title II, § 2604(b), , 110 Stat. 3009–471
- 2010Pub. L. 111–203, title X, § 1100B(1), , 124 Stat. 2109.
Show as published
(Pub. L. 102–242, title II, § 263, , 105 Stat. 2334; Pub. L. 102–550, title IX, § 957(a), , 106 Stat. 3896; Pub. L. 104–208, div. A, title II, § 2604(b), , 110 Stat. 3009–471; Pub. L. 111–203, title X, § 1100B(1), , 124 Stat. 2109.)