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Class action lawsuits have been filed across the country against financial institutions and other ATM operators for failure to display the required on-machine notice on ATMs. Although a number of articles and alerts have been written on this topic, it appears that a number of ATM operators still do not display the required notices on their ATMs.
The Electronic Fund Transfer Act (15 USC 1693b(d)) and Regulation E (12 CFR 205.16) require ATM operators that impose a fee on a consumer for initiating an electronic fund transfer or balance inquiry to provide notice that a fee will be imposed for that service. To meet this notice requirement, an ATM operator must have both (1) an “on-machine” notice that a fee will or may be imposed for providing electronic fund transfer services or for a balance inquiry and (2) a notice on the ATM screen or on paper before the consumer is committed to paying the fee. Most ATM operators properly display the on-screen/paper notice, but the failure also to display the on-machine notice has subjected a number of ATM operators to lawsuits.
Regulation E permits an ATM operator to impose a fee on a consumer for initiating an electronic fund transfer or balance inquiry only if the consumer is provided both the on-machine and on-screen/paper notices. The fact that the consumer agreed to the fee on-screen does not, by itself, relieve the ATM operator from liability