The ATM fee disclosure requirements of Regulation E are set forth in Section 205.16, 12 C.F.R. 205.16, and took effect October 1, 2001.
Section 205.16, requires an ATM operator that charges a fee to post a notice that a fee will be imposed for providing electronic fund transfer services or for a balance inquiry and disclose the amount of the fee.
Notices must be posted both (1) in a prominent and conspicuous location on or at the automated teller machine, and (2) on the screen or on paper before the consumer is committed to paying a fee.
An ATM operator may impose a fee on a consumer for initiating an electronic fund transfer or a balance inquiry only if the consumer is provided these notices and the consumer elects to continue the transaction or inquiry after receiving such notices.
The FDIC notified FDIC-supervised banks of the amendments to these disclosure requirements in a Financial Institution Letter (FIL) dated March 23, 2001 (FIL-25-2001).
Chief Executive Officer
Chief Compliance Officer
FIL-25-2001 (Inactive FIL)
Alice E. Beshara, Chief Compliance Examination Branch, at (202) 898-6628 or ABeshara@fdic.gov
Richard Foley, Counsel, at (202) 898-3784 or Rfoley@fdic.gov
FDIC financial institution letters (FILs) may be accessed from the FDIC's Web site at http://www.fdic.gov/news/news/financial/2009/index.html.
To receive FILs electronically, please visit http://www.fdic.gov/about/subscriptions/fil.html.
Paper copies of FDIC financial institution letters may be obtained through the FDIC's Public Information Center, 3501 Fairfax Drive, E-1002, Arlington, VA 22226 (1-877-275-3342 or 703-562-2200).