---
kind: "section"
citation: "12 C.F.R. § 205.16"
title: "12"
number: "205.16"
heading: "Disclosures at automated teller machines."
url: "https://uscodex.org/cfr/12/205.16"
---

# §205.16. 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 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)](#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)](#c-1-ii) may be substituted for the notice in [paragraph (c)(1)(i)](#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)](#b-1) and [(b)(2)](#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)](#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)](#c) of this section, and
  - (2) **The consumer elects to continue the transaction or inquiry after receiving such notices.**

## Notes

### Amendments

[Reg. E, 66 FR 13412, Mar. 6, 2001, as amended at 71 FR 1659, Jan. 10, 2006]

### Authority

Authority: 15 U.S.C. 1693b.

### Source

Source: Reg. E, 61 FR 19669, May 2, 1996, unless otherwise noted.

### Amendments

[Reg. E, 66 FR 13412, Mar. 6, 2001, as amended at 71 FR 1659, Jan. 10, 2006]