---
kind: "section"
citation: "12 C.F.R. § 1005.16"
title: "12"
number: "1005.16"
heading: "Disclosures at automated teller machines."
url: "https://uscodex.org/cfr/12/1005.16"
---

# §1005.16. Disclosures at automated teller machines.

- (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 must provide a notice that a fee will be imposed for providing electronic fund transfer services or a balance inquiry that discloses the amount of the fee.
- (c) **Notice requirement.** An automated teller machine operator must provide the notice required by [paragraph (b)](#b) 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) **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 notice required under [paragraph (c)](#c) of this section, and
  - (2) **The consumer elects to continue the transaction or inquiry after receiving such notice.**

## Notes

### Amendments

[76 FR 81023, Dec. 27, 2011, as amended at 78 FR 18224, Mar. 26, 2013]

### Authority

Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. 1693b. Subpart B is also issued under 12 U.S.C. 5601 and 15 U.S.C. 1693o-1.

### Source

Source: 76 FR 81023, Dec. 27, 2011, unless otherwise noted.

### Amendments

[76 FR 81023, Dec. 27, 2011, as amended at 78 FR 18224, Mar. 26, 2013]