WEB SITE COMPLIANCE CHECKLIST. Page 1 of 17

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1 Website Data: URL Number of Web Pages Number of Files Number of Picture Files Number of Internal Hyperlinks Number of External Hyperlinks Number of Broken Links External Links That Do Not Have a Banner Links That Do Not Work Pages that have an excessive download time (Greater than 30 seconds at 28.8) Page 1 of 17

2 NCUA Insurance Disclosures 12 CFR Part 740 Do the appropriate pages include the official NCUA sign and insurance statement? The home page and Web pages that advertise or describe insured deposit products must display the official NCUA sign and insurance statement. It is no longer a requirement that all web pages carry the insurance statement in the banner, but the statement must appear with the banner. November 2006 Update 06-CU-18 Credit unions must replace the old version of the official sign with the revised official sign at required locations, such as each station or window where the credit union normally receives insured funds or deposits in its principal place of business and all of its branches and on its internet page where it accepts deposits or opens accounts within six (6) months of the rule s effective date. Credit unions must replace the old version of the official sign with the revised official sign on each document where it has chosen to include the official sign, including advertisements, marketing and promotional materials, disclosures, and others within one (1) year of the rule s effective date. Visually inspect the size and content of each NCUA sign and insurance statement to ensure it is clear and conspicuous Page 2 of 17

3 Fair Housing Act 12 CFR Part Do the appropriate pages include the official Equal Housing Lender logo and notice? The required notice should appear with or be linked to the logo depicted. Refer to page 17 for a copy of the required notice. Visually inspect the size and content of each non-discrimination notice, such as the Equal Housing Lender Poster, to ensure it is clear and conspicuous Truth in Savings Truth in Savings Reg. DD Deposit Advertising Without Rates Ask the following questions for every page that contains advertising for any deposit product. Is page s content accurate and not misleading? 12CFR 230.8(a) Is the credit union prepared to offer the products and services advertised? 12CFR 230.8(a) Are the terms free or no cost avoided unless limited to products or services that have no maintenance or activity fees imposed on the account? 12CFR 230.8(a) Is the term profit avoided when referring to interest paid on an account? 12CFR 230.8(a) Page 3 of 17

4 Truth in Savings (Continued) Deposit Advertising With Rates Ask the following questions for every page that contains advertising for any deposit rates Are rates stated as an Annual Percentage Yield? If the abbreviation APY is used, has the term Annual Percentage Yield been stated at least once on the same page? If the page states the term interest rate in conjunction with the APY, is it no more prominent than the APY? Are the APYs and interest rates rounded to the nearest one-hundredth of one percentage point and expressed to two decimal places? If the page advertises tiered rate accounts and states an annual percentage yield, does it state all of the APYs for all tiers as well as the corresponding minimum balances required? If the page advertises stepped rate accounts and states an interest rate, does it state all interest rates and APY s, and the time period that each rate is in effect? Truth in Savings (Continued) Reg. DD 12CFR 230.8(b) 12CFR 230.8(b) 12CFR 230.8(b) 12CFR 230.3(f)(1) 230.8(b)1. (Commentary) 230.8(b)2. (Commentary) Page 4 of 17

5 Truth in Savings (Continued) Deposit Advertising With Rates (Continued) Ask the following questions for every page that contains advertising for any deposit rates If the page states the APY, does it also clearly and conspicuously disclose the following: Variable-rate notice if applicable (statement that the rate may change after the account is 12CFR 230.8I1 opened)? Time APY is offered (or is accurate as of a 12CFR 230.8I2 specified date)? Minimum balance required to obtain the APY? 12CFR 230.8I3 Truth in Savings (Continued) Reg. DD Minimum opening deposit required? 12CFR 230.8I4 A statement that fees could reduce earnings on the account? (applies only to maintenance or activity fees) 12CFR 230.8I(5) 230.8I(5) 1.. (Commentary) Does the page advertise a time deposit (CD) and state an APY? If not, skip to to the next section Does the page advertising a time deposit (CD) and stating an APY also clearly and conspicuously disclose the following: Any time requirements (i.e., state the term)? 12CFR 230.8I(6)(I) Disclose the early withdrawal penalties? 12CFR 230.8I(6)(ii) Page 5 of 17

6 Truth in Savings (Continued) Deposit Advertising With Rates (Continued) Ask the following questions for every page that contains advertising for any deposit rates Bonuses If the page does not mention a deposit bonus, omit this section If a bonus is stated, does the page also state the following information, as applicable: Reg. DD Annual Percentage Yield, using that term? 12CFR 230.8(d)(1) Any time requirement to obtain the bonus? 12CFR 230.8(d)(2) Minimum balance required to obtain the bonus? 12CFR 230.8(d)(3) Minimum balance required to open the account (if greater than the minimum balance necessary 12CFR 230.8(d)(4) to obtain the bonus)? When the bonus will be provided? 12CFR 230.8(d)(5) Page 6 of 17

7 Truth in Savings (Continued) IRA Advertising Does the page refrain from references to tax-free or tax-exempt? Does the page refrain from claims such as You can be a millionaire at retirement? Truth in savingsreg. DD Privacy of Consumer Financial Information (Privacy Regulation) The privacy notice should be located on, or linked from the Home page. Are privacy notices clear, conspicuous, reasonably understandable, and designed to call attention to the nature and significance of the information contained in the notice.? Privacy - 12 CFR Part 716 The regulations do not prescribe specific methods for making a notice clear and conspicuous, but do provide examples of ways in which to achieve the standard, such as the use of short explanatory sentences or bullet lists, and the use of plain-language headings and easily readable typeface and type size. Privacy notices also must accurately reflect the credit union s privacy practices Page 7 of 17

8 ECOA Complete this section if the credit union accepts credit applications online. Does the application refrain from requesting the following: Information about the member s spouse, unless the spouse will use or is contractually liable on the account or the applicant relies on the spouse s income; Information about the member s marital status when applying for unsecured credit; when applying for secured credit, the application may use only the terms married, unmarried, or separated; Information about the member s sex, race, color, religion, and national origin; Information about childrearing or childbearing such as birth control practices, intentions, or capability to bear children ECOA Reg B Page 8 of 17

9 Home Mortgage Disclosure Act (HMDA) Complete this section if the credit union originates firstlien home mortgage loans On-Line Does the Credit Union Web Site have a notice that tells consumers how to request the HMDA Disclosure Statement? Consumer Leasing Act. Complete this section if the credit union website advertises consumer leasing. Does the advertisement include specific terms of the lease? Does the advertisement avoid use of the terms annual percentage rate or annual lease rate or any equivalent term? Reg C Reg. M In general, an advertisement for a consumer lease may state that a specific lease of property at specific amounts or terms is available only if the credit union usually and customarily leases or will lease the property at those amounts or terms. If the credit union provides a percentage rate in advertisements or other documents, a notice stating, this percentage may not measure the overall cost of financing this lease must be included Page 9 of 17

10 Electronic Funds Transfers Act (EFTA) Complete this section if the credit union website provides for electronic funds transfers Does the EFT disclosure contain the following information: Liability of the member Telephone number and address of the office to be notified in the case of an unauthorized electronic funds transfer; Business days Types of transfers and limitations Fees Summary of the member s right to receipts and periodic statements Stop payment rights Liability of the credit union Circumstances in which the credit union may provide information about the member s account to third parties Error resolution ATM fees Reg. E Page 10 of 17

11 Truth in Lending Does the page contain advertising for consumer credit? If not, skip to the next Section. Reg. Z All Consumer Loan Advertising Complete this section for every page that includes any 12CFR 226.6(a specific term of credit. Does the page set forth in a clear and conspicuous manner: Any minimum, fixed, transaction, activity, 12CFR (b)(1) or similar charge that could be imposed? If applicable, that the APR is variable? 12 CFR (b)(2) Loan rates expressed as an Annual Percentage Rate or APR? Any membership or participation fee that could be imposed? 12CFR (b)(2) 12CFR (b)(3) Page 11 of 17

12 Truth in Lending (Continued) All Closed-End Consumer Loan Advertising Complete this section for every page that includes advertising for any closed-end consumer credit Are loan rates expressed as an Annual Percentage Rate or APR? If the page advertises variable-rate consumer credit, does it disclose that the interest rate may be increased after consummation? Does the page include any of the following triggering terms, the amount or percentage of down payment required number of payments or period of repayment (example, loans up to 48 months ) amount of any payment or amount of any finance charge? Reg. Z Closed end pull out lump sum 12CFR (b) 12CFR (b) If so, does the page also disclose the following terms, as applicable Amount or percentage of down payment? (if applicable) Terms of repayment? (number of payments, amount of each payment) The APR, and if the rate may be increased after consummation, that fact? 12CFR I(2)(i) 12CFR I(2)(ii) 12CFR I(2)(iii) Page 12 of 17

13 Truth in Lending (Continued) Consumer Loan Advertising Open End Credit Cards All Housing Related Consumer Loan Advertising Complete this section for every page that includes advertising for any housing related loans Does the page avoid pictures of or characterizations that might indicate a prohibited preference for a particular segment of the population? Reg. Z Can make draws- line of credit or revolving line of credit. 12CFR 202.5(a) Complex rules apply to the solicitation and advertising for credit card accounts. If the credit union is an agent of a third party credit card issuer and the credit union does no advertising on its own of credit card products, the third party is responsible for compliance with all solicitation and advertising rules. Also be sure to see requirements of the Fair Housing Act on page 2. Examples would include showing a group of persons all one race, or group of only younger or older persons Page 13 of 17

14 Truth in Lending (Continued) Reg. Z Open-End Home Equity Lines of Credit Complete this section for every page that includes advertising for any home equity lines of credit Does the page include any specific term of credit required to be disclosed affirmatively or negatively? If 12CFR 226.6(a) either so, does the page include: Amount or percentage of any loan fee or 12CFR (d)(1)(i) estimates of other fees? Annual percentage rate? 12CFR (d)(1)(ii) Maximum APR that may be imposed? 12CFR (1)(iii) Does the page advertise a discounted initial annual percentage rate? If so, does the page also include: The period of time such rate will be in effect? 12CFR (d)(2) With equal prominence to the initial rate, a reasonable current APR that would have been 12CFR (d)(2) in effect using the index and margin? If the page contains a statement about any minimum monthly payments, does it also state, if applicable, that a 12CFR (d)(3) balloon payment may result? If the page refers to any deductibility of interest for tax purposes does it contain a statement such as consult a 12CFR (d)(4) tax adviser regarding the deductibility of interest? Does it refrain from using the phrase free money or 12CFR (d)5) other similar misleading term? Page 14 of 17

15 Expedited Funds Availability Act Reg. CC If the credit union advertises and/or opens deposit accounts On-Line, does the web site disclose the credit union s Funds Availability Policy? Non-deposit Investment Products Advertising Complete this section if the credit union web page mentions or contains any advertising for non-deposit investment products Is the page appropriately segregated from where retail deposits are solicited on-line? Does the official NCUA sign and insurance statement appear on the same page or simultaneously on the same screen as advertising for non-deposit investment products? Does the page disclose the following displayed in bold face type, in a boxed format, and in a conspicuous manner? Not NCUA Insured Not Credit Union Guaranteed May Lose Value Use of the official NCUA sign and insurance statement on the same page where non-deposit investment products are advertised is prohibited. Page 15 of 17

16 Child On-Line Privacy and Protection Act (COPPA) Types of personal information collected from children and the procedures used for collecting the information; How the credit union uses the personal information; Whether the credit union discloses the information to third parties; Notification that the parent has the option to agree to the collection and use of the child s information without consenting to its disclosure to third parties; Notification that the credit union may not require a child to disclose more information than is reasonably necessary to participate in an activity as a condition of participation; and Notification that the parent can review the child s personal information, ask to have it deleted, and refuse to allow any further collection or use of the child s information. The notice also must state the procedures for the parent to follow.1 1 The notice to parents must contain the same information included on the notice on the website. The credit union must notify a parent that it wishes to collect personal information from the child. The notice must also state that the parent s consent is required for the collection, use, and disclosure of the information and how the parent can provide consent. The credit union must obtain verifiable consent, meaning that the credit union must make reasonable efforts to ensure that the parent receives the notice and consents. The required method of consent depends on the use of the child s information. Page 16 of 17

17 Fair Housing Act Required Notice: Page 17 of 17