§ 13080. — 13080. (Amended by Stats. 1996, Ch. 98, Sec. 1.)

California § 13080.

• Jurisdiction: California
• Code FIN: Financial Code - FIN
• Div. 4.5.: DIVISION 4.5. AUTOMATED TELLER MACHINE SURCHARGE DISCLOSURE

Text

(a)
No operator of an automated teller machine (ATM) in this state shall impose any surcharge upon a customer for the usage of that machine whether or not the customer is using an access device issued by that operator unless that surcharge is clearly disclosed to the customer electronically on the automated teller machine. Unless the disclosure is made prior to the customer being obligated to pay the surcharge, the customer shall be provided an opportunity to cancel that transaction without incurring any surcharge. This subdivision does not
apply to a point of sale transaction at an ATM.
(b)
If the sale of a good or service is conducted at the ATM, the operator of that ATM shall disclose to the customer electronically on the ATM the total price of the good or service and any fee charged solely for the usage of the ATM. Unless the disclosure is made prior to the customer being obligated to pay for the good or service, the customer shall be provided with an opportunity to cancel the transaction without incurring any obligation.
(c)
If a surcharge is imposed on a customer using an access device not issued by the operator, the operator shall disclose that the customer may also be charged an additional fee by his or her own institution.
(d)
As used in this section, “operator,” “automated teller machine,” “customer,” and “access device” have the meanings set
forth in Section 13020. The term “surcharge” means any charge imposed by the operator of the ATM solely for use of the ATM. The term “service” includes, but is not limited to, receiving a statement of account activity.

Legislative History

Amended by Stats. 1996, Ch. 98, Sec. 1. Effective January 1, 1997. Operative July 1, 1997, by Sec. 2 of Ch. 98.