(a) Definition. Automated teller machine operator means any person that operates an automated teller machine at which a consumer initiates an electronic fund transfer or a balance inquiry and that does not hold the account to or from which the transfer is made, or about which an inquiry is made.
(b) General. An automated teller machine operator that imposes a fee on a consumer for initiating an electronic fund transfer or a balance inquiry shall:
(1) Provide notice that a fee will be imposed for providing electronic fund transfer services or a balance inquiry; and
(2) Disclose the amount of the fee.
(c) Notice requirement. To meet the requirements of paragraph (b) of this section, an automated teller machine operator must comply with the following:
(1) On the machine. Post in a prominent and conspicuous location on or at the automated teller machine a notice that:
(i) A fee will be imposed for providing electronic fund transfer services or for a balance inquiry; or
(ii) A fee may be imposed for providing electronic fund transfer services or for a balance inquiry, but the notice in this paragraph (c)(1)(ii) may be substituted for the notice in paragraph (c)(1)(i) only if there are circumstances under which a fee will not be imposed for such services; and
(2) Screen or paper notice. Provide the notice required by paragraphs (b)(1) and (b)(2) 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) Temporary exemption. Through December 31, 2004, the notice requirement in paragraph (c)(2) of this section does not apply to any automated teller machine that lacks the technical capability to provide such information.
(e) 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 notices required under paragraph (c) of this section, and
(2) The consumer elects to continue the transaction or inquiry after receiving such notices.
[Reg. E, 66 FR 13412, Mar. 6, 2001, as amended at 71 FR 1659, Jan. 10, 2006]
Notes of Decisions
Clemmer v. Key Bank Nat'l Ass'n, 539 F.3d 349 (6th Cir. 2008).
· cites it 10× “12 C.F.R. § 205.16 . The regulation has different requirements for on-machine and on-screen notices.”
Pike v. Nick's English Hut, Inc., 937 F. Supp. 2d 956 (S.D. Ind. 2013).
· cites it 13× “§ 1693b now provides: (B) Notice requirement The notice required under clauses (i) and (ii) of subparagraph (A) with regard to any fee described in such subparagraph shall appear on the screen of the automated teller machine, or on a paper notice issued from such machine, after…”
Morrissey v. Webster Bank, N.A., 417 F. Supp. 2d 183 (D. Mass. 2006).
· cites it 10× “§ 1693b (d) (3) (B) (i); 12 C.F.R. § 205.16 (c)(1); (3) on the ATM screen (or paper receipt) before the consumer is “irrevocably committed” to the transaction, 15 U.”
Brown v. Bank of Am., N.A., 457 F. Supp. 2d 82 (D. Mass. 2006).
· cites it 4× “12 C.F.R. § 205.16 (b) (2005) (“Regulation E”) (Emphasis added).”
Azose v. Washington Mut. Bank, 588 F. Supp. 2d 366 (E.D.N.Y 2008).
· cites it 12× “Procedural Background Plaintiffs commenced this action in New York State Supreme Court, Queens County, on October 31, 2007 alleging principally that Defendants violated the EFTA and 12 C.F.R. § 205.16 of Regulation E, 12 C.”
Alan Fambrough v. Wal-Mart Stores, Inc., 611 F. App'x 322 (6th Cir. 2015).
· cites it 2× “§ 1693b(d)(3)(B)(i) & (ii) (2010); 12 C.F.R. § 205.16 (c) (2001). 2 A fee notice alerts ATM users who withdraw cash that a fee will be charged.”
Johnson v. U.S. Bank Nat'l Ass'n, 276 F.R.D. 330 (D. Minnesota 2011).
“§ 1693 (d)(3) and 12 C.F.R. § 205.16 (c). The EFTA provides for statutory damages in a class action of up to “the lesser of $500,000 or 1 per centum of the net worth of the defendant,” plus attorney *332 fees and costs.”
Polo v. Goodings Supermarkets, Inc., 232 F.R.D. 399 (M.D. Fla. 2004).
“§ 1693b(d)(3)(B), and its implementing regulation, 12 CFR Part 205.16(c)) during the year preceding the filing of this action.”
Voeks v. Pilot Travel Centers, 560 F. Supp. 2d 718 (E.D. Wis. 2008).
“Although improper notice is an element of this statutory provision, the actual violation is not predicated on defective notice as in 12 C.F.R. § 205.16 (b), but rather is predicated on the improper imposition of a fee.”
Donald Thomas v. Mamaso, Inc., 548 F. App'x 131 (5th Cir. 2013).
“The complaint also alleged that Mamaso was the “operator” of the ATM under 12 C.F.R. § 205.16 (a). Thomas asserted an EFTA claim individually and on behalf of a purported class of consumers who had used the ATM.”
— 12 C.F.R. § 205.16(a) — 1 case
— 12 C.F.R. § 205.16(b) — 1 case
Brown v. Bank of Am., N.A., 457 F. Supp. 2d 82 (D. Mass. 2006).
“12 C.F.R. § 205.16 (b) (2005) (“Regulation E”) (Emphasis added).”
— 12 C.F.R. § 205.16(c) — 1 case
Polo v. Goodings Supermarkets, Inc., 232 F.R.D. 399 (M.D. Fla. 2004).
“§ 1693b(d)(3)(B), and its implementing regulation, 12 CFR Part 205.16(c)) during the year preceding the filing of this action.”
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