State Codes and Statutes

Statutes > California > Fin > 13080-13083

FINANCIAL CODE
SECTION 13080-13083



13080.  (a) No operator of an automated teller machine (ATM) in this
state shall impose any surcharge upon a customer for the usage of
that machine whether or not the customer is using an access device
issued by that operator unless that surcharge is clearly disclosed to
the customer electronically on the automated teller machine. Unless
the disclosure is made prior to the customer being obligated to pay
the surcharge, the customer shall be provided an opportunity to
cancel that transaction without incurring any surcharge. This
subdivision does not apply to a point of sale transaction at an ATM.
   (b) If the sale of a good or service is conducted at the ATM, the
operator of that ATM shall disclose to the customer electronically on
the ATM the total price of the good or service and any fee charged
solely for the usage of the ATM. Unless the disclosure is made prior
to the customer being obligated to pay for the good or service, the
customer shall be provided with an opportunity to cancel the
transaction without incurring any obligation.
   (c) If a surcharge is imposed on a customer using an access device
not issued by the operator, the operator shall disclose that the
customer may also be charged an additional fee by his or her own
institution.
   (d) As used in this section, "operator," "automated teller
machine," "customer," and "access device" have the meanings set forth
in Section 13020. The term "surcharge" means any charge imposed by
the operator of the ATM solely for use of the ATM. The term "service"
includes, but is not limited to, receiving a statement of account
activity.



13081.  (a) In enacting this section, the Legislature finds and
declares all of the following:
   (1) It is in the best interest of consumers in this state to be
aware of fees they may be charged for using point-of-sale devices
prior to being obligated to pay those fees.
   (2) In 1996, the Legislature enacted Assembly Bill 3366 (Chapter
98 of the Statutes of 1996), which required operators of automatic
teller machines (ATMs) to electronically disclose fees for
transactions at those ATMs. That legislation did not require
disclosure of fees at point-of-sale devices.
   (3) In order to maximize consumer awareness of fees at
point-of-sale devices, and to create equity between operators of ATMs
and operators of point-of-sale devices, it is the intent of the
Legislature in enacting this section to require the maximum feasible
disclosure of fees at point-of-sale devices.
   (b) No operator of a point-of-sale device in this state shall
impose any fee upon a customer for the use of that device unless that
fee is disclosed to the customer prior to the customer being
obligated to pay for any goods or services. That disclosure shall be
placed on or at the point-of-sale device as follows:
   (1) For all point-of-sale devices, the fee disclosure shall be on
a label meeting federal standards.
   (2) For point-of-sale devices purchased on or after January 1,
2001, that have electronic displays, the fee disclosure shall also be
electronic.
   (c) For purposes of this section, the term "point-of-sale device"
includes any device used for the purchase of a good or service where
a personal identification number (PIN) is required, but does not
include an access device as defined in subdivision (b) of Section
13020.
   (d) For the purposes of this section, the term "operator of a
point-of-sale device" means the person who imposes the fee on a
customer for using a point-of-sale device to pay for a good or
service.



13082.  (a) Whenever a point-of-sale system is changed or modified
to include a video touch screen or any other nontactile keypad, the
point-of-sale device that would include the video touch screen or
nontactile keypad shall also be equipped with either of the
following:
   (1) A tactually discernible numerical keypad similar to a
telephone keypad containing a raised dot with a dot base diameter
between 1.5 millimeters and 1.6 millimeters and a height between 0.6
millimeters and 0.9 millimeters on the number 5 key that enables a
visually impaired person to enter his or her own personal
identification number or any other personal information necessary to
process the transaction in a manner that provides the opportunity for
the same degree of privacy input and output available to all
individuals.
   (2) Other technology, such as a radio frequency identification
device, fingerprint biometrics, or some other mechanism that enables
a visually impaired person to access the video touch screen device
with his or her personal identifier and to process his or her
transaction in a manner that provides the opportunity for the same
degree of privacy input and output available to all individuals.
   (b) (1) On or before January 1, 2010, any existing point-of-sale
system, except as provided in paragraph (2), that includes a video
touch screen or any other nontactile keypad shall also be equipped
with a tactually discernable keypad or other technology as described
in subdivision (a).
   (2) At locations equipped with two or less point-of-sale machines,
only one point-of-sale machine shall be required to be equipped with
a tactually discernible keypad or other technology on or before
January 1, 2010, as described in subdivision (a).
   (c) On and after January 1, 2006, a manufacturer or distributor
shall be required to offer for availability touch screen or other
nontactile point-of-sale devices to be used and sold in this state
that are equipped with tactually discernible keypads or other
technology as described in subdivision (a) that enable a visually
impaired person to enter his or her own personal identification
number or any other personal information necessary to process a
transaction in a manner that ensures personal privacy of the
information being entered.
   (d) As used in this section, "point-of-sale device" includes any
device used by a customer for the purchase of a good or service where
a personal identification number (PIN) is required, but does not
include the following:
   (1) An automated teller machine as defined in subdivision (c) of
Section 13020.
   (2) A point-of-sale device that is equipped to, or exclusively
services, motor fuel dispensers.
   (e) A unit is not in compliance with this section unless it
includes a device, whether internal or external to the unit, that
does not lend itself to easy removal, allows visually impaired users
easy access, and otherwise meets the terms and conditions of this
section. If the device is freestanding, it shall be permanently
attached to the unit by means of a braided wire or some other tether.
   (f) This section shall not be construed to preclude or limit any
other existing right or remedy as it pertains to point-of-sale
devices and accessibility.



13083.  (a) Subject to the requirements of Section 13080, an
agreement to operate or share an automated teller machine may not
prohibit, limit, or restrict the right of the operator or owner of
the automated teller machine to charge a customer conducting a
transaction using an account from a financial institution that is
located outside the United States an access fee or surcharge not
otherwise prohibited under state or federal law.
   (b) Notwithstanding subdivision (a), nothing in this section shall
be construed to prohibit or otherwise limit the ability of an
operator or owner of an automated teller machine to voluntarily enter
into an agreement regarding participation in a surcharge free
network.
   (c) For purposes of this section, the terms "operator" and
"automated teller machine" have the meanings set forth in Section
13020.
   (d) For the purposes of this section, the term "owner" means any
entity that is not an operator under Section 13020, but that owns an
automated teller machine.

State Codes and Statutes

Statutes > California > Fin > 13080-13083

FINANCIAL CODE
SECTION 13080-13083



13080.  (a) No operator of an automated teller machine (ATM) in this
state shall impose any surcharge upon a customer for the usage of
that machine whether or not the customer is using an access device
issued by that operator unless that surcharge is clearly disclosed to
the customer electronically on the automated teller machine. Unless
the disclosure is made prior to the customer being obligated to pay
the surcharge, the customer shall be provided an opportunity to
cancel that transaction without incurring any surcharge. This
subdivision does not apply to a point of sale transaction at an ATM.
   (b) If the sale of a good or service is conducted at the ATM, the
operator of that ATM shall disclose to the customer electronically on
the ATM the total price of the good or service and any fee charged
solely for the usage of the ATM. Unless the disclosure is made prior
to the customer being obligated to pay for the good or service, the
customer shall be provided with an opportunity to cancel the
transaction without incurring any obligation.
   (c) If a surcharge is imposed on a customer using an access device
not issued by the operator, the operator shall disclose that the
customer may also be charged an additional fee by his or her own
institution.
   (d) As used in this section, "operator," "automated teller
machine," "customer," and "access device" have the meanings set forth
in Section 13020. The term "surcharge" means any charge imposed by
the operator of the ATM solely for use of the ATM. The term "service"
includes, but is not limited to, receiving a statement of account
activity.



13081.  (a) In enacting this section, the Legislature finds and
declares all of the following:
   (1) It is in the best interest of consumers in this state to be
aware of fees they may be charged for using point-of-sale devices
prior to being obligated to pay those fees.
   (2) In 1996, the Legislature enacted Assembly Bill 3366 (Chapter
98 of the Statutes of 1996), which required operators of automatic
teller machines (ATMs) to electronically disclose fees for
transactions at those ATMs. That legislation did not require
disclosure of fees at point-of-sale devices.
   (3) In order to maximize consumer awareness of fees at
point-of-sale devices, and to create equity between operators of ATMs
and operators of point-of-sale devices, it is the intent of the
Legislature in enacting this section to require the maximum feasible
disclosure of fees at point-of-sale devices.
   (b) No operator of a point-of-sale device in this state shall
impose any fee upon a customer for the use of that device unless that
fee is disclosed to the customer prior to the customer being
obligated to pay for any goods or services. That disclosure shall be
placed on or at the point-of-sale device as follows:
   (1) For all point-of-sale devices, the fee disclosure shall be on
a label meeting federal standards.
   (2) For point-of-sale devices purchased on or after January 1,
2001, that have electronic displays, the fee disclosure shall also be
electronic.
   (c) For purposes of this section, the term "point-of-sale device"
includes any device used for the purchase of a good or service where
a personal identification number (PIN) is required, but does not
include an access device as defined in subdivision (b) of Section
13020.
   (d) For the purposes of this section, the term "operator of a
point-of-sale device" means the person who imposes the fee on a
customer for using a point-of-sale device to pay for a good or
service.



13082.  (a) Whenever a point-of-sale system is changed or modified
to include a video touch screen or any other nontactile keypad, the
point-of-sale device that would include the video touch screen or
nontactile keypad shall also be equipped with either of the
following:
   (1) A tactually discernible numerical keypad similar to a
telephone keypad containing a raised dot with a dot base diameter
between 1.5 millimeters and 1.6 millimeters and a height between 0.6
millimeters and 0.9 millimeters on the number 5 key that enables a
visually impaired person to enter his or her own personal
identification number or any other personal information necessary to
process the transaction in a manner that provides the opportunity for
the same degree of privacy input and output available to all
individuals.
   (2) Other technology, such as a radio frequency identification
device, fingerprint biometrics, or some other mechanism that enables
a visually impaired person to access the video touch screen device
with his or her personal identifier and to process his or her
transaction in a manner that provides the opportunity for the same
degree of privacy input and output available to all individuals.
   (b) (1) On or before January 1, 2010, any existing point-of-sale
system, except as provided in paragraph (2), that includes a video
touch screen or any other nontactile keypad shall also be equipped
with a tactually discernable keypad or other technology as described
in subdivision (a).
   (2) At locations equipped with two or less point-of-sale machines,
only one point-of-sale machine shall be required to be equipped with
a tactually discernible keypad or other technology on or before
January 1, 2010, as described in subdivision (a).
   (c) On and after January 1, 2006, a manufacturer or distributor
shall be required to offer for availability touch screen or other
nontactile point-of-sale devices to be used and sold in this state
that are equipped with tactually discernible keypads or other
technology as described in subdivision (a) that enable a visually
impaired person to enter his or her own personal identification
number or any other personal information necessary to process a
transaction in a manner that ensures personal privacy of the
information being entered.
   (d) As used in this section, "point-of-sale device" includes any
device used by a customer for the purchase of a good or service where
a personal identification number (PIN) is required, but does not
include the following:
   (1) An automated teller machine as defined in subdivision (c) of
Section 13020.
   (2) A point-of-sale device that is equipped to, or exclusively
services, motor fuel dispensers.
   (e) A unit is not in compliance with this section unless it
includes a device, whether internal or external to the unit, that
does not lend itself to easy removal, allows visually impaired users
easy access, and otherwise meets the terms and conditions of this
section. If the device is freestanding, it shall be permanently
attached to the unit by means of a braided wire or some other tether.
   (f) This section shall not be construed to preclude or limit any
other existing right or remedy as it pertains to point-of-sale
devices and accessibility.



13083.  (a) Subject to the requirements of Section 13080, an
agreement to operate or share an automated teller machine may not
prohibit, limit, or restrict the right of the operator or owner of
the automated teller machine to charge a customer conducting a
transaction using an account from a financial institution that is
located outside the United States an access fee or surcharge not
otherwise prohibited under state or federal law.
   (b) Notwithstanding subdivision (a), nothing in this section shall
be construed to prohibit or otherwise limit the ability of an
operator or owner of an automated teller machine to voluntarily enter
into an agreement regarding participation in a surcharge free
network.
   (c) For purposes of this section, the terms "operator" and
"automated teller machine" have the meanings set forth in Section
13020.
   (d) For the purposes of this section, the term "owner" means any
entity that is not an operator under Section 13020, but that owns an
automated teller machine.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Fin > 13080-13083

FINANCIAL CODE
SECTION 13080-13083



13080.  (a) No operator of an automated teller machine (ATM) in this
state shall impose any surcharge upon a customer for the usage of
that machine whether or not the customer is using an access device
issued by that operator unless that surcharge is clearly disclosed to
the customer electronically on the automated teller machine. Unless
the disclosure is made prior to the customer being obligated to pay
the surcharge, the customer shall be provided an opportunity to
cancel that transaction without incurring any surcharge. This
subdivision does not apply to a point of sale transaction at an ATM.
   (b) If the sale of a good or service is conducted at the ATM, the
operator of that ATM shall disclose to the customer electronically on
the ATM the total price of the good or service and any fee charged
solely for the usage of the ATM. Unless the disclosure is made prior
to the customer being obligated to pay for the good or service, the
customer shall be provided with an opportunity to cancel the
transaction without incurring any obligation.
   (c) If a surcharge is imposed on a customer using an access device
not issued by the operator, the operator shall disclose that the
customer may also be charged an additional fee by his or her own
institution.
   (d) As used in this section, "operator," "automated teller
machine," "customer," and "access device" have the meanings set forth
in Section 13020. The term "surcharge" means any charge imposed by
the operator of the ATM solely for use of the ATM. The term "service"
includes, but is not limited to, receiving a statement of account
activity.



13081.  (a) In enacting this section, the Legislature finds and
declares all of the following:
   (1) It is in the best interest of consumers in this state to be
aware of fees they may be charged for using point-of-sale devices
prior to being obligated to pay those fees.
   (2) In 1996, the Legislature enacted Assembly Bill 3366 (Chapter
98 of the Statutes of 1996), which required operators of automatic
teller machines (ATMs) to electronically disclose fees for
transactions at those ATMs. That legislation did not require
disclosure of fees at point-of-sale devices.
   (3) In order to maximize consumer awareness of fees at
point-of-sale devices, and to create equity between operators of ATMs
and operators of point-of-sale devices, it is the intent of the
Legislature in enacting this section to require the maximum feasible
disclosure of fees at point-of-sale devices.
   (b) No operator of a point-of-sale device in this state shall
impose any fee upon a customer for the use of that device unless that
fee is disclosed to the customer prior to the customer being
obligated to pay for any goods or services. That disclosure shall be
placed on or at the point-of-sale device as follows:
   (1) For all point-of-sale devices, the fee disclosure shall be on
a label meeting federal standards.
   (2) For point-of-sale devices purchased on or after January 1,
2001, that have electronic displays, the fee disclosure shall also be
electronic.
   (c) For purposes of this section, the term "point-of-sale device"
includes any device used for the purchase of a good or service where
a personal identification number (PIN) is required, but does not
include an access device as defined in subdivision (b) of Section
13020.
   (d) For the purposes of this section, the term "operator of a
point-of-sale device" means the person who imposes the fee on a
customer for using a point-of-sale device to pay for a good or
service.



13082.  (a) Whenever a point-of-sale system is changed or modified
to include a video touch screen or any other nontactile keypad, the
point-of-sale device that would include the video touch screen or
nontactile keypad shall also be equipped with either of the
following:
   (1) A tactually discernible numerical keypad similar to a
telephone keypad containing a raised dot with a dot base diameter
between 1.5 millimeters and 1.6 millimeters and a height between 0.6
millimeters and 0.9 millimeters on the number 5 key that enables a
visually impaired person to enter his or her own personal
identification number or any other personal information necessary to
process the transaction in a manner that provides the opportunity for
the same degree of privacy input and output available to all
individuals.
   (2) Other technology, such as a radio frequency identification
device, fingerprint biometrics, or some other mechanism that enables
a visually impaired person to access the video touch screen device
with his or her personal identifier and to process his or her
transaction in a manner that provides the opportunity for the same
degree of privacy input and output available to all individuals.
   (b) (1) On or before January 1, 2010, any existing point-of-sale
system, except as provided in paragraph (2), that includes a video
touch screen or any other nontactile keypad shall also be equipped
with a tactually discernable keypad or other technology as described
in subdivision (a).
   (2) At locations equipped with two or less point-of-sale machines,
only one point-of-sale machine shall be required to be equipped with
a tactually discernible keypad or other technology on or before
January 1, 2010, as described in subdivision (a).
   (c) On and after January 1, 2006, a manufacturer or distributor
shall be required to offer for availability touch screen or other
nontactile point-of-sale devices to be used and sold in this state
that are equipped with tactually discernible keypads or other
technology as described in subdivision (a) that enable a visually
impaired person to enter his or her own personal identification
number or any other personal information necessary to process a
transaction in a manner that ensures personal privacy of the
information being entered.
   (d) As used in this section, "point-of-sale device" includes any
device used by a customer for the purchase of a good or service where
a personal identification number (PIN) is required, but does not
include the following:
   (1) An automated teller machine as defined in subdivision (c) of
Section 13020.
   (2) A point-of-sale device that is equipped to, or exclusively
services, motor fuel dispensers.
   (e) A unit is not in compliance with this section unless it
includes a device, whether internal or external to the unit, that
does not lend itself to easy removal, allows visually impaired users
easy access, and otherwise meets the terms and conditions of this
section. If the device is freestanding, it shall be permanently
attached to the unit by means of a braided wire or some other tether.
   (f) This section shall not be construed to preclude or limit any
other existing right or remedy as it pertains to point-of-sale
devices and accessibility.



13083.  (a) Subject to the requirements of Section 13080, an
agreement to operate or share an automated teller machine may not
prohibit, limit, or restrict the right of the operator or owner of
the automated teller machine to charge a customer conducting a
transaction using an account from a financial institution that is
located outside the United States an access fee or surcharge not
otherwise prohibited under state or federal law.
   (b) Notwithstanding subdivision (a), nothing in this section shall
be construed to prohibit or otherwise limit the ability of an
operator or owner of an automated teller machine to voluntarily enter
into an agreement regarding participation in a surcharge free
network.
   (c) For purposes of this section, the terms "operator" and
"automated teller machine" have the meanings set forth in Section
13020.
   (d) For the purposes of this section, the term "owner" means any
entity that is not an operator under Section 13020, but that owns an
automated teller machine.

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