I've read two different interpretations on what is a "foreign" ATM. So I need to ask - Is a foreign ATM one that is:

A. Located outside of any state, territory, or possession of the United States (including Washington DC and Puerto Rico)?

B. Located outside of the state where the bank is located?

Appreciate the feedback. Thanks!

In my experience, the most common definition of a foreign ATM is one that is not owned by "my" bank. The "foreign" ATM fees are those charged when you use an ATM not owned by your own bank.

It can of course mean an ATM in another country, but the normal usage has to do with ownership.

I agree with kaybee, we call "foreign" ATM's ones not owned by us.

This usage is parallel to the application of "foreign" to "off-us" checks.

And I agree that we often refer to foreign ATM fees and the reference is to non-proprietary ATMs.

Once upon a time "foreign" did mean as you describe, basically out of the US. That was applicable to longer claims investigation periods. That went away however, and the common term "foreign" means someone elses ATM and to whom we may be paying a fee.

But when determining if you can extend the investigation period to 90 days (instead of 45 days) after issuing provisional credit, is a foreign ATM simply one not owned by your bank?

Reg E 205.11(c)(3)(ii)(A) says:
(ii) The applicable time is 90 days in place of 45 days under paragraph (c)(2) of this section, for completing an investigation, if a notice of error involves an electronic fund transfer that:
(A) Was not initiated within a state;

I've seen compliance resources that consider this as only pertaining to ATM's not located in the U.S., and other resources that say this means not in the same state as the bank.

The Commentary is silent. But in the Reg itself under definitions - 205.2 (l) it states:
(l) State means any state, territory, or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico; or any political subdivision of the above in this paragraph (l).

So I'm assuming we can only extend the investigation period for really foreign (not in this country) ATM's.

If anyone has on good authority something that says otherwise, please let me know. Thanks!

To be more clear, I said the "foreign" extension went away, it did, but more so in the change you cited above.

I have always read this to mean "state" as defined in 205.2, such as Europe, not such as you in CA and me in TX.