Regulation E (at 12 CFR 1005.16(b)) a disclosure that “a fee will be imposed for providing electronic fund transfer services or a balance inquiry,” with the amount of the fee. This disclosure must appear on the ATM screen or on paper, but the rule no longer requires a physical placard on the ATM itself. The requirement that the disclosure also appear “on or at” the ATM was eliminated as of March 26, 2013. 78 Fed. Reg. 18221 (March 26, 2013).

The Illinois Electronic Fund Transfer Act (EFTA) imposes additional requirements (see below), but note that the Illinois law’s requirements are not mandatory. The Illinois EFTA provides that compliance with federal law, including the Regulation E requirements described above, will be deemed to be compliance with the Illinois requirements. 205 ILCS 616/55IDFPR Interpretive Letter 06-01.

The Illinois EFTA requires that the amount or calculation of any fee be disclosed on a sign that is clearly visible “on or at” the terminal that is no smaller than four by four inches. The sign must have the heading “FEE NOTICE” in at least 18 point type centered at the top of the notice. All other text must be in at least 14 point type. It must state the following:  the name of the terminal operator, that transactions will receive a surcharge that will be deducted from the consumer’s account in addition to any fees imposed by the access device issuer, and that the surcharge is assessed by the terminal operator and not by the access device issuer. The Act also requires that ATMs have a logotype or other identification symbol to advise customers which cards may be used at the ATM. It limits the use of advertising on the ATM terminal. 205 ILCS 616/5038 Ill. Adm. Code 315.410.