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This entry was published on 2014-09-22
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SECTION 399-Y*2
Automated teller machine fee disclosure
General Business (GBS) CHAPTER 20, ARTICLE 26
* § 399-y. Automated teller machine fee disclosure. 1. For the
purposes of this section, "automated teller machine operator" shall mean
any person who: (a) operates an automated teller machine at which
consumers may make financial transactions, including but not limited to
deposits, withdrawals, balance inquiries, and loan payments; and (b) is
not the financial institution which holds the account accessed by the
consumer to make the financial transaction.

2. No automated teller machine operator shall impose a fee on a
consumer using such machine, unless such operator: (a) provides notice
as required by subdivision three of this section; and (b) the consumer
elects to continue to effect a financial transaction after receiving
such notice.

3. The automated teller machine operator shall provide notice on the
screen of the automated teller machine or on a paper issued from such
machine after the financial transaction is initiated, but before the
consumer is irrevocably committed to completing the transaction. Such
notice shall clearly state: (i) that a fee is imposed for the use of
such machine; (ii) the amount of such fee; and (iii) that the consumer
may cancel such transaction without being assessed a fee.

4. (a) Any automated teller machine operator who fails to comply with
the requirements of this section shall be assessed a civil penalty not
to exceed two hundred fifty dollars per transaction.

(b) If the notice required pursuant to subdivision three of this
section has been provided by an automated teller machine operator and
such notice is subsequently removed, damaged, or altered by any person
other than such operator, the operator shall have no liability for a
failure to comply with subdivision three of this section.

* NB There are 2 § 399-y's