Subpart H of Regulation H establishes
consumer protections in sales of insurance by a state member bank.
It applies to any bank or any person selling, soliciting, advertising,
or offering insurance products or annuities to a consumer at an office
of the bank or on behalf of the bank. In connection with insurance
sales, banks must disclosure, when accurate, that—
- the insurance product or annuity is not a deposit
or other obligation of, or guaranteed by, the depository institution
or its affiliate;
- the insurance product or annuity is not insured by
the Federal Deposit Insurance Corporation or any other agency of the
United States, the depository institution or its affiliate;
- in the case of an insurance product or annuity that
involves an investment risk, there is investment risk associated with
the product, including the possible loss of value; and
- the depository institution may not condition an extension
of credit on the consumer’s purchase of an insurance product or annuity
from the depository institution or from any of its affiliates, or
on the consumer’s agreement not to obtain, or a prohibition on the
consumer from obtaining, an insurance product or annuity from an unaffiliated
entity.
These disclosures must be made orally and in
writing before the sale of an insurance product or annuity is completed
or, in the case of an extension of credit, at the time the consumer
applies for the extension. The disclosures may be made electronically
if the consumer affirmatively consents, so long as the consumer can
retain or later obtain the disclosures by printing or storing them
electronically. The bank must obtain a written acknowledgment from
the consumer that disclosures were received. Receipt of disclosures
made electronically can be acknowledged electronically or on paper.
To the extent practicable, a bank must keep insurance
and annuity sales activities physically segregated from the areas
where retail deposits are routinely accepted from the general public.
Bank employees may refer a consumer who seeks to purchase an insurance
product or annuity to a salesperson qualified and licensed under applicable
state insurance licensing standards. Any referral fee may be no more
than a one-time, nominal fee that does not depend on whether the referral
results in a transaction.