10302. Automated teller machines
(a) The owner of an automated teller machine or other remote service unit located or to be located in this State shall, using a form prescribed by the Commissioner:
(1) provide the ownership and location of each machine or unit at least 30 days prior to the activation of the machine or unit;
(2) obtain Commissioner approval of the form, content, timing, and location of all disclosures required by subsection (b) of this section prior to their use; and
(3) notify the Commissioner of the deactivation of any machine or unit within 30 days after its deactivation.
(b) The owner of an automated teller machine or other remote service unit located or to be located in this State shall disclose prominently and conspicuously, using as high a contrast or resolution as any other display or graphics on the machine or unit, prior to the point at which a consumer using the machine or unit is irrevocably committed to completing any transaction:
(1) on or at the location of each machine or unit, or on the first screen of such machine or unit, the name, address, and telephone number of the owner of the machine or unit and the days, time, and means by which a consumer can contact the owner for consumer assistance; and
(2) on the screen of each machine or unit, the amount of the fees or charges that the owner will assess to the consumer for the transaction, a clear explanation that the fees or charges are imposed by the owner of the machine or unit in connection with the consumer’s transaction and are in addition to any fees or charges that may be imposed by the issuer of a consumer’s card, and the method by which the consumer may cancel the transaction to avoid imposition of the fees or charges.
(c) The Commissioner shall act on complete applications for approval of disclosures required by subsection (b) of this section within 30 days after receipt. The absence of full ownership and location information for each machine or unit that will use the disclosures will result in return of the application as incomplete.
(d) To ensure adequate consumer protection, the Commissioner may by order or by rule specify additional minimum disclosure standards for automated teller machines or other remote service units, including the form, content, timing, and location of such disclosures.
(e) The Commissioner may impose on the owner of an automated teller machine or other remote service unit an administrative penalty of not more than $1,000.00 for each day’s failure of the owner to apply to the Commissioner for approval of disclosures required under this section, for each day’s failure of the owner to use disclosures approved by the Commissioner, or for each day’s continuing violation of an order of the Commissioner relating to the disclosures required by this section.
(f) In addition to an automated teller machine or other remote service unit owned by a financial institution or credit union, the provisions of this section shall apply to such machine or unit not owned by a financial institution or credit union, except it shall not include a money transmission kiosk governed by chapter 79 of this title or a point-of-sale terminal owned or operated by a merchant who does not charge a fee for the use of the point-of-sale terminal.
(g) The activities of an automated teller machine or other remote service unit whose owner is not a financial institution or credit union shall be limited to cash dispensing or the offer or sale of nonbanking services and products.
Added 1999, No. 153 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2013, No. 29, § 16, eff. May 13, 2013; 2019, No. 20, § 101; 2021, No. 105 (Adj. Sess.), § 279, eff. July 1, 2022; 2023, No. 110 (Adj. Sess.), § 49, eff. July 1, 2024.
