Bill offered to stop ATM nuisance suits

A bill introduced in the U.S. Senate in May 2012 would end nuisance lawsuits filed over some ATM operators' failure to comply with a federal requirement to display a fee notice on the cash dispensary machines.

Sen. Michael Johanns, R-Neb., ranking member of the Senate Banking Subcommittee on Security, International Trade and Finance, introduced S.3204. The bill resembles legislation introduced in the House, HR4367, calling for an end to the requirement that a fee notice be physically attached to ATMs.

Johanns' Press Secretary, Paul Donahue, said the problem is current law requires a fee disclosure notice on ATMs and an electronic disclosure on ATM screens. "ATM operators have been faced with expensive, frivolous lawsuits by users who remove the physical placard and then sue for noncompliance," he said. "Sen. Johanns' bill would eliminate the duplicative requirement of the physical placard."

Donahue said the bill is supported by the American Bankers' Association, Independent Community Bankers of America, the Credit Union National Association, and the National Association of Convenience Stores.

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