---
kind: "section"
citation: "12 C.F.R. § 338.3"
title: "12"
number: "338.3"
heading: "Nondiscriminatory advertising."
url: "https://uscodex.org/cfr/12/338.3"
---

# §338.3. Nondiscriminatory advertising.

- (a) Any FDIC-supervised institution which directly or through third parties engages in any form of advertising of any loan for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling or any loan secured by a dwelling shall prominently indicate in such advertisement, in a manner appropriate to the advertising medium and format utilized, that the FDIC-supervised institutions makes such loans without regard to race, color, religion, national origin, sex, handicap, or familial status.
  - (1) With respect to written and visual advertisements, this [paragraph (a)](#a) may be satisfied by including in the advertisement a copy of the logotype with the Equal Housing Lender legend contained in the Equal Housing Lender poster prescribed in [§ 338.4(b)](/cfr/12/338.4.md?p=b) or a copy of the logotype with the Equal Housing Opportunity legend contained in the Equal Housing Opportunity poster prescribed in [24 CFR 110.25(a)](/cfr/24/110.25.md?p=a) of the United States Department of Housing and Urban Development's regulations.
  - (2) With respect to oral advertisements, this [paragraph (a)](#a) may be satisfied by a statement, in the spoken text of the advertisement, that the FDIC-supervised institution is an “Equal Housing Lender” or an “Equal Opportunity Lender.”
  - (3) When an oral advertisement is used in conjunction with a written or visual advertisement, the use of either of the methods specified in paragraphs [(a)(1)](#a-1) and [(2)](#a-2) of this section will satisfy the requirements of this [paragraph (a)](#a).
- (b) No advertisement shall contain any words, symbols, models, or other forms of communication which express, imply, or suggest a discriminatory preference or policy of exclusion in violation of the provisions of the Fair Housing Act or the Equal Credit Opportunity Act.

## Notes

### Authority

Authority: 12 U.S.C. 1817, 1818, 1819, 1820(b), 2801 et seq.; 15 U.S.C. 1691 et seq.; 42 U.S.C. 3605, 3608; 12 CFR parts 1002, 1003; 24 CFR part 110.

### Source

Source: 86 FR 8088, Feb. 3, 2021, unless otherwise noted.