(a) Definition. Automated teller machine operator means any person that operates an automated teller machine at which
a consumer initiates an electronic fund transfer or a balance inquiry
and that does not hold the account to or from which the transfer is
made, or about which an inquiry is made.
(b) General. An automated teller machine operator
that imposes a fee on a consumer for initiating an electronic fund
transfer or a balance inquiry shall—
(1) provide notice that a fee will be imposed
for providing electronic fund transfer services or a balance inquiry;
and
(2) disclose the
amount of the fee.
6-346.31
(c) Notice requirement. To meet the requirements
of paragraph (b) of this section, an automated teller machine operator
must comply with the following:
(1) On the machine. Post in a prominent and conspicuous location on or at the automated
teller machine a notice that—
(i) a fee will be imposed
for providing electronic fund transfer services or for a balance inquiry;
or
(ii) a fee may
be imposed for providing electronic fund transfer services or for
a balance inquiry, but the notice in this paragraph (c)(1)(ii) may
be substituted for the notice in paragraph (c)(1)(i) only if there
are circumstances under which a fee will not be imposed for such services;
and
(2) Screen or paper notice. Provide the notice
required by paragraphs (b)(1) and (b)(2) of this section either by
showing it on the screen of the automated teller machine or by providing
it on paper, before the consumer is committed to paying a fee.
(d) Temporary
exemption. Through December 31, 2004, the notice requirement
in paragraph (c)(2) of this section does not apply to any automated
teller machine that lacks the technical capability to provide such
information.
(e) Imposition
of fee. An automated teller machine operator may impose a fee
on a consumer for initiating an electronic fund transfer or a balance
inquiry only if—
(1) the consumer is provided the notices
required under paragraph (c) of this section, and
(2) the consumer elects to continue the
transaction or inquiry after receiving such notices.
