§ 133. Use of banking institution name. 1. No person shall use the\nname of a banking institution when advertising, marketing or soliciting\nbusiness which is likely to induce, directly or indirectly, the purchase\nof goods or services, if the reference to such institution is:\n (a) without the consent of the banking institution; and\n (b) which would cause a reasonable person to conclude that the\nadvertising or marketing material or solicitation either originated\nfrom, or is endorsed by or is any other way the responsibility of a\nbanking institution.\n 2. Nothing in this section shall prohibit the use of or reference to\nthe name of a banking institution in advertising or marketing materials\nor solicitations, if the use or reference to such institution does not\ndeceive or confuse a reasonable person regarding whether the advertising\nor marketing material or solicitation (a) originated from, (b) is\nendorsed by or (c) is in any other way the responsibility of a banking\ninstitution.\n 3. The department is authorized to enforce the provisions of this\nsection.\n 4. For purposes of this section, "banking institution" shall mean any\nstate or federally chartered bank, trust company, savings bank, savings\nand loan association or credit union which has an office or branch in\nthis state, or a private banker, safe deposit company or investment\ncompany.\n
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