ATM Fee Disclosure Reform

In a world of conveniences that make daily necessities much better, access to ATM machines are probably at the top of many lists. ATM machines are certainly a welcomed convenience for customers, especially when they’re pressed to get cash in a hurry and they’re looking for the nearest ATM machine(s). As ATM owners, providing such a welcomed service in prime locations can also be quite lucrative and provide a steady flow of customer traffic. It’s a win-win situation for both the customer and the ATM machine owner, that is, until there are miscommunications or underhanded things done that adversely affect ATM owners. While they are a great idea and convenience to have, what’s not so great is when situations arise where customers sue machine owners because of this wonderful convenience.

Are There Fees?

Customers generally understand that when they use an ATM machine at a bank or a location other than their main banking facility, they can expect to pay a small to moderate user fee for the service. The fee amount can vary from one facility to the other, but there will invariably be a fee incurred by the user. There is rarely, if ever, no machine user fee, so the notion of “no fee” is really not expected.

Surprise Lawsuits?

Another thing that’s not expected is the litany of lawsuits that ATM owners have had to deal with for supposedly not disclosing their ATM machine fees to customers. Several lawsuits ranging in varying dollar amounts have stated that the usage fees were not displayed in plain sight and they were not knowledgeable of the fees before they made a transaction. Therefore, because the defendant (the ATM owners) are responsible for ensuring that the fees notifications are prominently displayed on the unit, the monetary lawsuits were awarded in favor of the plaintiffs. So why were the notices not in plain sight?

The New ATM Bill

This is where things get a little controversial. Notices can be placed with a sticker on the unit, notifying the customer of the fees. The problem is that the stickers were constantly being removed (weather conditions, theft, etc.) in some cases, making it appear that the owner wasn’t providing optimal customer service. This problem needed a solution. There had to be a better, more ideal way to apprise the customer of the fees. That answer was in the amendment of the Electronic Fund Transfer Act, more specifically H.R. 4367. This amendment works to protect ATM owners and also to discourage those frivolous lawsuits that were beginning to drastically increase.

The newly reformed ATM Fee Disclosure bill now protects ATM owners as it eliminates the requirements that were originally set forth in the amendment that required ATM owners to have and display a physical sticker which notified customers of the ATM service fees.

ATM Changes for Owners

With the new bill in place, all that ATM owners would be required to do is to continue to apprise customers of the service usage fees, but they can now display that information digitally on the screen. Customers have the option to accept or deny any charges associated with the ATM machine when using it to access cash withdrawals. This new system also eliminates faulty problems that were occurring with the notification stickers and them “getting lost” so frequently. So whether the missing stickers were due to acts of nature or from malicious intent, ATM owners no longer have to worry about lawsuits resulting from not having fee information displayed on the machines.

ATM owners are glad and relieved to know this good news. The problem with the lawsuits was affecting the owners in a very negative way having to constantly defend their compliance with the notifications. With digital notices, customers can and are required to read and accept the full disclosure sentence regarding the fees, and they must do this before the ATM machine continues to transact their request. This means no more misunderstandings, miscommunications and best of all, no more lawsuits.