8-2501. Written solicitation; restrictions.

229 words·~1 min read·/ne/chapter-8/8-2501

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as provided in section 8-2503 , no person shall include the name, trade name, logo, or symbol of a financial institution in a written solicitation for financial products or services directed to a consumer who has obtained a loan from the financial institution without the consent of the financial institution, unless the solicitation clearly and conspicuously states that the person is not sponsored by or affiliated with the financial institution and that the solicitation is not authorized by the financial institution, which shall be identified by name. The statement shall be made in close proximity to, and in the same or larger font size as, the first and most prominent use or uses of the name, trade name, logo, or symbol in the statement, including on an envelope or through an envelope window containing the statement.

(2)No person shall use the name of a financial institution or a name similar to that of a financial institution in a written solicitation for financial products or services directed to consumers, if that use could cause a reasonable person to be confused, mistaken, or deceived initially or otherwise as to either of the following:

(a)The financial institution's sponsorship, affiliation, connection, or association with the person using the name; or

(b)The financial institution's approval or endorsement of the person using the name or the person's products or services.