Compliance Alliance Q&A 9/1/2020

Q: Does our ATM have to notify a non-customer of the bank that our bank is going to charge a fee and what the fee amount is?

 

A: Yes, this is an explicit requirement under Regulation E, as provided below: 

(b) General. An automated teller machine operator that imposes a fee on a consumer for initiating an electronic fund transfer or a balance inquiry must provide a notice that a fee will be imposed for providing electronic fund transfer services or a balance inquiry that discloses the amount of the fee.
(c) Notice requirement. An automated teller machine operator must provide the notice required by paragraph (b) of this section either by showing it on the screen of the automated teller machine or by providing it on paper, before the consumer is committed to paying a fee.
(d) Imposition of fee. An automated teller machine operator may impose a fee on a consumer for initiating an electronic fund transfer or a balance inquiry only if:
(1) The consumer is provided the notice required under paragraph (c) of this section, and
(2) The consumer elects to continue the transaction or inquiry after receiving such notice.
https://www.consumerfinance.gov/policy-compliance/rulemaking/regulations/1005/16/