TISA / NCUA – What is a “trigger” term and if stated, what must I disclose?

Compliance > Advertising / Marketing Misc.
Q:  What is a “trigger” term and if stated, what must I disclose?
 
A:  The annual percentage yield is a “trigger” term.  If the annual percentage yield is stated in an advertisement, the advertisement shall state the following information, to the extent applicable, clearly and conspicuously (unless such information is exempted by the regulation):
 
(1) Variable rates. For variable-rate accounts, a statement that the rate may change after the account is opened.
 
(2) Time annual percentage yield is offered. For interest-bearing accounts and dividend-bearing term share accounts, the period of time the annual percentage yield will be offered, or a statement that the annual percentage yield is accurate as of a specified date. For dividend-bearing accounts other than term share accounts, a statement that the annual percentage yield is accurate as of the last dividend declaration date. In the event that disclosure of an annual percentage yield as of the last dividend declaration date might be inaccurate because of known or contemplated dividend rate changes, the credit union may disclose the prospective annual percentage yield. Such prospective annual percentage yield may be disclosed either in lieu of, or in addition to, the dividend rate and annual percentage yield as of the last dividend declaration date.
 
(3) Minimum balance. The minimum balance required to earn the advertised annual percentage yield. For tiered-rate accounts, the minimum balance required for each tier shall be stated in close proximity and with equal prominence to the applicable annual percentage yield.
 
(4) Minimum opening deposit. The minimum deposit required to open the account, if it is greater than the minimum balance necessary to earn the advertised annual percentage yield.
 
(5) Effect of fees. A statement that fees could reduce the earnings on the account.
 
(6) Features of term share accounts. For term share accounts:
 
(i) Time requirements. The term of the account.
(ii) Early withdrawal penalties. A statement that a penalty will or may be imposed for early withdrawal.
(iii) Required dividend payouts. For noncompounding term share accounts with a stated maturity greater than one year that do not compound dividends on an annual or more frequent basis, that require dividend payouts at least annually, and that disclose an APY determined in accordance with section E of appendix A of this part, a statement that dividends cannot remain on account and that payout of dividends is mandatory.
 
 
 
 

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