2006 New York Code - Automated Teller Machine Fee Disclosure.



 
    * §  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. (a) The automated teller machine operator  shall  post  a  sign  or
  warning  in  a prominent and conspicuous location on or at the automated
  teller machine at which the financial transaction is  initiated  by  the
  consumer.  Such  sign shall clearly state: (i) that a fee is imposed for
  the use of such machine; and (ii) the amount of such fee.
    (b) The automated teller machine operator shall also 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 posted 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

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