We have a sticker telling non-customers about the fee. I read a newletter concerning ATM related litigation. It appears to suggest that the sticker should also tell people that any funds deposited may not be availaable for withdrawal. I thought we could announce this at the point of someone making a deposit. Please clarify what has to be posted outside the machine. Thanks.

Two entirely separate requirements from two separate regulations. The fee notice is a creature of the Electronic Fund Transfer Act and Regulation E, section 205.16. The funds availability disclosure is a creature of the Expedited Funds Availability Act and Regulation CC, section 229.18(c).

The Regulation E notice is required if your bank imposes or may impose a surcharge on a non-customer using a card to complete a transaction or balance inquiry. If you document that you placed the notice on your ATM(s), you are theoretically, at least, protected from liability to a consumer if the notice is removed, defaced or altered by anyone other than your bank.

The Regulation CC notice is only required at machines that accept deposits, and it can be in one of three places: (1) on or at the machine (sticker/poster/sign); (2) on deposit envelopes supplied for use at the machine; or (3) on the screen of the ATM when a deposit transaction is being processed. The notice is short and sweet. Look at Appendix C to Regulation CC, model notices C-19 and C-20.

Whew! That is exactly what we are doing in both instances. Thank you.

Trees --

I'd be very interested in learning (in a PM, please) which newsletter you were referring to, and exactly what it said.

Thanks.

I have a question I have been trying to get clarification on regarding ATM signage. Do you have to post the actual dollar amount of the fee on the sign on the outside of the ATM or is it ok to keep that sign "generic" letting the customer know there may be a fee and that the amount will be displayed on the screen with the option to cancel the transaction if they don't want to proceed?

This is from our Advanced Deposit/Operations Manual. We have a 2 page lobby signage summary in this manual. You can find the manual in the BOL Store:
http://www.bankersonline.com/bankerstore/index.php?main_page=product_info&products_id=66

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The Gramm-Leach-Bliley Act requires that ATM operators that impose an ATM surcharge to:
1. Post a notice on the machine that a surcharge may be imposed, and
2. Inform the consumer, either through on-screen message or paper receipt, of the amount of the surcharge before the consumer is committed to completing the transaction (Opt-out). [§205.16 – page 7375]
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So, the ATM (external) notice does not need to state the amount of the charge. The on-screen, or paper disclosure does.

Thank you so much David. I thought we were ok, but with these lawsuits popping up I just wanted to double check.

I appreciate your help!