* § 399-y. Automated teller machine fee disclosure. 1. For the\npurposes of this section, "automated teller machine operator" shall mean\nany person who: (a) operates an automated teller machine at which\nconsumers may make financial transactions, including but not limited to\ndeposits, withdrawals, balance inquiries, and loan payments; and (b) is\nnot the financial institution which holds the account accessed by the\nconsumer to make the financial transaction.\n 2. No automated teller machine operator shall impose a fee on a\nconsumer using such machine, unless such operator: (a) provides notice\nas required by subdivision three of this section; and (b) the consumer\nelects to continue to effect a financial transaction after receiving\nsuch notice.\n 3. The automated teller machine operator shall provide notice on the\nscreen of the automated teller machine or on a paper issued from such\nmachine after the financial transaction is initiated, but before the\nconsumer is irrevocably committed to completing the transaction. Such\nnotice shall clearly state: (i) that a fee is imposed for the use of\nsuch machine; (ii) the amount of such fee; and (iii) that the consumer\nmay cancel such transaction without being assessed a fee.\n 4. (a) Any automated teller machine operator who fails to comply with\nthe requirements of this section shall be assessed a civil penalty not\nto exceed two hundred fifty dollars per transaction.\n (b) If the notice required pursuant to subdivision three of this\nsection has been provided by an automated teller machine operator and\nsuch notice is subsequently removed, damaged, or altered by any person\nother than such operator, the operator shall have no liability for a\nfailure to comply with subdivision three of this section.\n * NB There are 2 § 399-y's\n
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