N.Y. General Business Law § 399-y*2: Automated teller machine fee disclosure

* § 399-y. Automated teller machine fee disclosure. 1. For the

purposes of this section, "automated teller machine operator" shall mean

any person who: (a) operates an automated teller machine at which

consumers may make financial transactions, including but not limited to

deposits, withdrawals, balance inquiries, and loan payments; and (b) is

not the financial institution which holds the account accessed by the

consumer to make the financial transaction.

2. No automated teller machine operator shall impose a fee on a

consumer using such machine, unless such operator: (a) provides notice

as required by subdivision three of this section; and (b) the consumer

elects to continue to effect a financial transaction after receiving

such notice.

3. The automated teller machine operator shall provide notice on the

screen of the automated teller machine or on a paper issued from such

machine after the financial transaction is initiated, but before the

consumer is irrevocably committed to completing the transaction. Such

notice shall clearly state: (i) that a fee is imposed for the use of

such machine; (ii) the amount of such fee; and (iii) that the consumer

may cancel such transaction without being assessed a fee.

4. (a) Any automated teller machine operator who fails to comply with

the requirements of this section shall be assessed a civil penalty not

to exceed two hundred fifty dollars per transaction.

(b) If the notice required pursuant to subdivision three of this

section has been provided by an automated teller machine operator and

such notice is subsequently removed, damaged, or altered by any person

other than such operator, the operator shall have no liability for a

failure to comply with subdivision three of this section.

* NB There are 2 § 399-y's