The Next Time You Use An ATM…
From Jones Day:
The EFTA requires ATM operators to provide notice of any fees charged to consumers. An ATM operator that imposes a fee on the consumer must, at the time the service is provided, tell the consumer that a fee is imposed and the amount of the fee. 15 U.S.C. § 1693b(3)(A). EFTA also requires ATM operators to provide the fee notice on both the machine and the ATM screen. 15 U.S.C. § 1693b(3)(B). The requirements for the content of the notice differ for the two locations. The “on the machine” notice must “be posted in a prominent and conspicuous location on or at the automated teller machine…” and must state that a fee is charged for use of the ATM. 15 U.S.C. § 1693(3)(B)(i). The “on the screen” notice must notify the consumer that a fee is imposed and state the amount of the fee. 15 U.S.C. § 1693(3)(B)(ii). In addition, the “on the screen” notice must be given after the transaction is initiated but “before the consumer is irrevocably committed to completing the transaction….” Id.
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