May a Person Use the Name, Logo, or Symbol of a Bank in Marketing Material?
By Scott Birrenkott
Not if it is deceptive. More specifically, Wisconsin law provides, in summary, that no person may use the name, logo, or symbol of a bank, or such that is deceptively similar to that of a bank, in any marketing material provided to another person in a manner that a reasonable person may believe that the marketing material originated from the bank.
From time to time, potentially deceptive letters circulate among bank customers, causing frustration and confusion. WBA is aware that such deceptive letters have recently been circulating once more. These letters often take the form of mortgage relief offers, solicited by individuals unassociated with the bank. When these letters violate Wisconsin law, such as by misrepresenting their nature as being associated with a bank, WBA recommends reporting them to the Wisconsin Department of Financial Institutions (DFI). DFI has enforcement authority over such letters, including the ability to issue cease and desist orders, and penalties. For this reason, banks that encounter such letters are encouraged to contact WBA and DFI.
Banks should also be mindful of the customer service aspect of such letters. Even when reporting letters, and even if a letter is not deceptive, banks will likely still receive complaints from their customers. In such situations, banks might consider discussing with their customers how and when it will issue correspondence. This way, customers can easily identify what originates from the bank. Additionally, banks might consider discussing this matter with their customers at time of loan closing so they can be better prepared to identify these letters as not originating from the bank. By preparing customers ahead of time, banks can potentially curb some confusion and frustration resulting from these letters. To assist with this matter, WBA’s Mortgage Lending Committee has prepared a sample letter which can be used for these purposes.
Tangential to this matter, WBA has also become aware of many Wisconsin loan applicants receiving numerous unsolicited offers for credit and insurance after submitting a loan application. The volume of offers has greatly increased during the past couple years given the overall slowdown in mortgage loan activity due to rising interest rates and the low inventory of homes for sale. Customers become upset due to the number of offers received and because some believe the bank shared their nonpublic information. The WBA Mortgage Lending Committee has also created a customer awareness letter in this regard to alert loan
applicants upfront of the effect of prescreening under FCRA.
Both letters are available through WBA’s best practices library. If you need assistance accessing the WBA best practices library, or if you have any questions on this topic or other matters of compliance, contact WBA’s legal call program at 608-441-1200 or wbalegal@wisbank.com
Birrenkott is the WBA director – legal
