(a) If the FDIC has reason to believe that any person may be misusing an FDIC-Associated Image or FDIC-Associated Term or otherwise violating § 328.102(a), or may be making false or misleading representations regarding deposit insurance in violation of § 328.102(b), the FDIC may issue an advisory letter to such a person and/or any person who aids or abets another in such conduct, including any Third-Party Publisher. Generally, such an advisory letter will:

1. (1) Alert the recipient of advisory letter of the basis for the FDIC's concerns;

2. (2) Request that the person and/or Third-Party Publisher:

   1. (i) Take reasonable steps to prevent any violations of section 18(a) of the FDI Act (12 U.S.C. 1828(a)) and this subpart;
   2. (ii) Commit in writing to refrain from such violations in the future; and
   3. (iii) Notify the FDIC in writing that the identified concerns have been fully addressed and remediated; and
   4. (2) Offer the person or Third-Party Publisher the opportunity to provide additional information, documentation, or justifications to substantiate the representations made or otherwise refute the FDIC's expressed concerns.

(e) Nothing in this section will prevent the FDIC from commencing a formal enforcement action under § 328.107 at any time before or after the issuance of an advisory letter under this section if:

1. (1) The FDIC has reason to believe that consumers or Insured Depository Institutions may suffer harm arising from continued violations; or
2. (2) The person to whom such an advisory letter would be sent has previously received a similar advisory letter from the FDIC under paragraph (a) of this section.