Relates to automated teller machine fee disclosure; eliminates provisions requiring an automated teller machine operator to post a sign that a fee is imposed for the use of such machine, as well as the amount of such fee.
STATE OF NEW YORK
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4363
2013-2014 Regular Sessions
IN SENATE
March 22, 2013
___________
Introduced by Sens. GRIFFO, FARLEY -- read twice and ordered printed,
and when printed to be committed to the Committee on Consumer
Protection
AN ACT to amend the general business law, in relation to automated
teller machine fee disclosure
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 399-y of the general business law, as added by
2 chapter 495 of the laws of 1999, is amended to read as follows:
3 § 399-y. Automated teller machine fee disclosure. 1. For the purposes
4 of this section, "automated teller machine operator" shall mean any
5 person who: (a) operates an automated teller machine at which consumers
6 may make financial transactions, including but not limited to deposits,
7 withdrawals, balance inquiries, and loan payments; and (b) is not the
8 financial institution which holds the account accessed by the consumer
9 to make the financial transaction.
10 2. No automated teller machine operator shall impose a fee on a
11 consumer using such machine, unless such operator: (a) provides notice
12 as required by subdivision three of this section; and (b) the consumer
13 elects to continue to effect a financial transaction after receiving
14 such notice.
15 3. [(a) The automated teller machine operator shall post a sign or
16 warning in a prominent and conspicuous location on or at the automated
17 teller machine at which the financial transaction is initiated by the
18 consumer. Such sign shall clearly state: (i) that a fee is imposed for
19 the use of such machine; and (ii) the amount of such fee.
20 (b)] The automated teller machine operator shall [also] provide notice
21 on the screen of the automated teller machine or on a paper issued from
22 such machine after the financial transaction is initiated, but before
23 the consumer is irrevocably committed to completing the transaction.
24 Such notice shall clearly state: (i) that a fee is imposed for the use
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05805-03-3
S. 4363 2
1 of such machine; (ii) the amount of such fee; and (iii) that the consum-
2 er may cancel such transaction without being assessed a fee.
3 4. (a) Any automated teller machine operator who fails to comply with
4 the requirements of this section shall be assessed a civil penalty not
5 to exceed two hundred fifty dollars per transaction.
6 (b) If the notice required pursuant to subdivision three of this
7 section has been [posted] provided by an automated teller machine opera-
8 tor and such notice is subsequently removed, damaged, or altered by any
9 person other than such operator, the operator shall have no liability
10 for a failure to comply with subdivision three of this section.
11 § 2. This act shall take effect immediately.
