Does the Illinois Electronic Fund Transfer Act (EFTA) require that the logos of the ATM networks we participate in be included on our ATMs?

No, we do not believe that the Illinois EFTA requires you to place the logos of the networks you participate in on your ATMs, provided that you are in compliance with the federal EFTA requirements. However, the networks themselves may require such signage as part of your agreements with them.

The Illinois EFTA contains a deemer provision providing that compliance with the federal EFTA’s requirements will be deemed to be compliance with the Illinois EFTA’s requirements. The IDFPR has interpreted this provision to mean that compliance with the federal EFTA provides a “safe harbor alternative” from all of the Illinois EFTA’s requirements. Because the federal EFTA does not require banks to place the logos of the networks they participate in on their ATMs, we do not believe the Illinois EFTA would require you to do so either — provided that your ATMs are otherwise in compliance with the federal EFTA.

However, the publicly-available Mastercard Rules provide that the “Mastercard, Maestro, and Cirrus Marks must be displayed on an ATM Terminal.” Similarly, Visa requires that its Visa ATM and Plus marks be displayed on all ATMs that accept Visa cards and Plus-enabled cards. Consequently, we recommend reviewing the service agreements and rules for the ATM networks in which your bank participates for any ATM signage requirements.

For resources related to our guidance, please see:

Illinois EFTA, 205 ILCS 616/55(a) (“The provisions of the federal Electronic Fund Transfer Act (15 U.S.C. 1693a et seq.), amendments to that Act, and any regulations issued or that may be issued under that Act, except for those provisions, amendments, or regulations that establish crimes or provide for nonfinancial penalties, are hereby adopted as part of this Act. Compliance with federal law shall be deemed to be compliance with this Section.”)

IDFPR, Interpretive Letter – 06-01 (April 19, 2006) (“As an alternative to the specific requirements imposed under the EFT Act, you have pointed out the language contained under Section 55(a) of the EFT Act, whereby the provisions of the Federal Act and all regulations issued pursuant to the Federal Act are adopted and incorporated by reference into the EFT Act. Section 55 further indicates a legislative intent to deem compliance with the provisions of the Federal Act as a sufficient alternative to the requirements imposed under the EFT Act. Accordingly, it appears clear that the Illinois legislature established Section 55 of the EFT Act as a safe harbor alternative for operators of Illinois ATM terminals.”)

IDFPR, Interpretive Letter – 06-01 (April 19, 2006) (“You have also raised concern with respect to what appears to be inconsistent language contained in the text of Section 55 of the EFT. The initial sentence of that section clearly identifies the legislative intent to incorporate the provisions of the Federal Act into the provision of the Illinois EFT Act. The second sentence however indicates that compliance with the Federal Act will be deemed compliance with Section 55 of the EFT Act. The use of the term ‘Section’ rather than ‘Act’ appears to be an inadvertent legislative scrivener’s error. To restrict applicability of the Federal Act compliance safe harbor only to Section 55 of the EFT Act results in an absurd consequence and appears to defeat the true intent of the Illinois legislature. Accordingly, it is the position of the Division that the true intent of the Illinois legislature was to allow for compliance with the EFT Act by fulfilling the requirements imposed under the Federal Act.”)

Mastercard Rules, Section 4.4.2 — ATM Terminal Signage (September 28, 2021) (“The Mastercard, Maestro, and Cirrus Marks must be displayed on an ATM Terminal. The Mastercard Mobile Marks must not be displayed on an ATM Terminal. On new or replacement signage incorporating any Competing ATM Network marks, the Acceptance Marks must be afforded at least equal prominence and be at least as large as a Competing ATM Network mark. On an ATM Terminal displaying an Access Mark, the Acceptance Marks must be afforded similar prominence to any Access Mark displayed (characteristics to consider for similar prominence include size, frequency, color treatment, and co-location within the same field of vision).”)

Visa Core Rules and Visa Product and Service Rules, Section 6.1.2.3 — Plus Symbol Displayed at an ATM (October 16, 2021) (“The Plus Symbol must be displayed at an ATM that accepts Plus-enabled Cards for ATM services.”)

Visa Core Rules and Visa Product and Service Rules, Section 6.2.3.1 — Visa Global ATM Network Acquirer Participation (October 16, 2021) (“An Acquirer that participates in the Visa ATM Network must . . . Display Visa ATM and Plus acceptance Marks on all ATMs within 30 days from the date the Acquirer begins accepting Visa Cards and Plus-enabled Cards.”)