I just finished reading the Proposed amendment to Reg E which deals notice at ATMs if/when a fee is imposed and I would appreciate some clarification. 205.16 says there must be a notice on the machine, but then it goes on to say that a notice must also be provided on the ATM screen or on the receipt. Has this always been the case? and is it only required when the actual ATM transaction would incur a fee if it was completed? Until now I had assumed that a notice on the ATM that said a fee may be imposed and the amount of the fee would be sufficient. I am confused and would appreciate any comments. Thanks.

Section 205.16 has always required two separate notices if the ATM operator imposes a fee on non-customers for the use of the machine for EFTs or balance transfers.

The first is a notice posted on or at the machine to the effect that the operator of the machine will (or may) impose such a fee (no amount is required in this notice by the regulation). This notice is required whether or not a specific transaction will result in a fee.

The second is a notice on the screen or printed on a piece of paper that states that a fee will be imposed by the ATM operator if the cardholder completes the specific requested transaction, states the amount of the fee, and tells the cardholder how to cancel the request before being assessed the fee.

These notices are separate from and in addition to the requirement in section 205.9 that such a fee appear separately on the transaction receipt.

John - thank you for clearing this up for me. Looks like more work ahead. Again, thanks!

Note that the screen/paper notice requirement has been there for quite some time, but wasn't mandatory until last year end. So it may have been under the radar of many institutions.