Topic: Automated Teller Machines (ATMs)
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We are installing new, deposit-capturing ATMs. Do deposited checks need to be endorsed? We are concerned because the machine does not check for or require endorsements before depositing checks.
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Deposited checks do not need to be endorsed under the UCC, though it may be a good policy to require endorsements. Under Section 4-205 of the UCC, a bank is entitled to enforce a check or item that the customer delivers to the bank, “whether or not the customer indorses the item.” 810 ILCS 5/4-205.
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Have you heard anything about the ADA deadline approaching regarding compliance to the rules which require ATM’s machines to have the voice activation requirement meant under the American with Disabilities Act?
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The 2010 ADA Standards for Accessible Design become mandatory on March 15, 2012. They require that ATMs be speech enabled (in addition to technical requirements for privacy, tactilely-discernible input controls, display screens, and Braille instructions). After March 15, 2012, all newly-built or altered ATMs will have to comply with the new, 2010 ADA Standards. However,…
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We are in the process of installing several ATMs at various branches. Are there any Illinois laws that we should consider regarding safety?
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The only relevant guidelines in Illinois law of which we are aware are found in the Automated Teller Machine Security Act. This Act requires the use of lighting with various intensities of candles (“candlefoot power”) during the hours of darkness. Under the Act, there should be a minimum of 10 candlefoot power lights at the…
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We have an elderly customer who is asking for a picture that was taken at one of our ATM facilities by the security camera. The gentleman claims that a caretaker took money out of his account, and he wants the picture as proof. We can match the date and time of the picture with the withdrawal, but even so, should we provide it to him?
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In our view, your bank should consider the “bigger picture” and not voluntarily provide the photograph to its customer, because by doing so, it could open itself up to a host of liability issues. Instead, the bank should tell the customer that it will only provide such information in response to a lawful subpoena or…