2022 New York Laws
GBS - General Business
Article 26 - Miscellaneous
399-Y*2 - 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. 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