Section 5-806 - Unauthorized Representation as Bank or Savings and Loan Association

(a) Except for a bank, trust company, savings bank, or savings and loan association that is authorized to do business in this State, a person may not use any name, title, or other words that represent that the person is authorized to do the business of banking in this State. (b) (1) (i) In this subsection the following terms have the meanings indicated. (ii) 1. 'Bank' means any bank, trust company, savings bank, or savings and loan association that is authorized to do business in this State, and any subsidiary or affiliate of the entity. 2. 'Bank' includes any Farm Credit System institution in this State. (iii) 'Name' means the name, trade name, trademark, service mark, logo, or tagline used by a bank to identify itself. (2) Except with the consent of the bank, a person may not use the name of a bank or any term or design that is similar to the name of a bank in any marketing material provided to another person or in any solicitation of another person in a manner that may cause a reasonable person to be confused, mistaken, or deceived that the marketing material or solicitation: (i) Originated from the bank; (ii) Originated from someone affiliated, connected, or associated with

asonable person to be confused, mistaken, or deceived that the marketing material or solicitation: (i) Originated from the bank; (ii) Originated from someone affiliated, connected, or associated with the bank; (iii) Is approved or sponsored by the bank; or (iv) Is the responsibility of the bank. (c) In addition to any other remedies a bank may have under any other provision of law, a bank that is affected by a violation of subsection (b) of this section may bring an action against the person that committed the violation to recover: (1) Actual damages sustained as a result of the violation; (2) Either: (i) All profits attributable to the violation; or (ii) $1,000 for each violation; and (3) Court costs and reasonable attorney’s fees. (d) Any person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $3,000 or imprisonment not exceeding 5 years or both.