§ 133. Use of banking institution name. 1. No person shall use the
name of a banking institution when advertising, marketing or soliciting
business which is likely to induce, directly or indirectly, the purchase
of goods or services, if the reference to such institution is:

(a) without the consent of the banking institution; and

(b) which would cause a reasonable person to conclude that the
advertising or marketing material or solicitation either originated
from, or is endorsed by or is any other way the responsibility of a
banking institution.

2. Nothing in this section shall prohibit the use of or reference to
the name of a banking institution in advertising or marketing materials
or solicitations, if the use or reference to such institution does not
deceive or confuse a reasonable person regarding whether the advertising
or marketing material or solicitation (a) originated from, (b) is
endorsed by or (c) is in any other way the responsibility of a banking
institution.

3. The department is authorized to enforce the provisions of this
section.

4. For purposes of this section, "banking institution" shall mean any
state or federally chartered bank, trust company, savings bank, savings
and loan association or credit union which has an office or branch in
this state, or a private banker, safe deposit company or investment
company.