(a) (1) (i) This section does not apply to any person:
1. Whose primary function is to provide for the exchange, transfer, or
dissemination of electronic fund transfer data; and
2. That is not otherwise an operator or person who controls an access area
or designated parking area.
(ii) A person described in subparagraph (i) of this paragraph is not liable
to a customer or user of an automated teller machine for any claim
relating to:
1. Any provision of this section; or
2. The use or attempted use of an automated teller machine.
(2) This section does not apply to an automated teller machine which is
located:
(i) Inside a building:
1. Unless the building is a freestanding installation which exists solely
to provide an enclosure for the automated teller machine; or
2. Except to the extent that a transaction can be conducted from outside
the building; or
(ii) In any area, including any access area, building, enclosed space, or
parking area, which is not controlled by the operator.
(b) (1) An operator of an automated teller machine shall adopt procedures for
evaluating the safety of the location of the automated teller machine
before it is installed.
(2) The procedures shall include a consideration of:
(i) The extent to which the lighting for the automated teller machine
complies or will comply with the standards described in this section;
and
(ii) The presence of landscaping, vegetation, or other obstructions in the
area of the automated teller machine, the access area, and the defined
parking area.
(3) (i) The operator of an automated teller machine installed prior to January
1, 1995 shall adopt procedures for evaluating the safety of the
location of the existing automated teller machine.
(ii) The procedures adopted under subparagraph (i) of this paragraph shall
include a consideration of the facts identified in paragraph (2) of
this subsection to the extent appropriate to existing locations.
(iii) This subsection does not impose a duty to relocate an automated teller
machine or modify the landscaping, vegetation, or other obstructions in
the area of an automated teller machine, access area, or defined
parking area for an automated teller machine installed prior to January
1, 1995.
(c) (1) An operator of an automated teller machine shall provide during the
hours of darkness lighting of at least 10 candlefoot power at the face
of the automated teller machine and extending in an unobstructed
direction outward 5 feet.
(2) An operator or, if different, the person who controls the access area
or the defined parking area shall provide during the hours of darkness
lighting of:
(i) At least 2 candlefoot power within 50 feet from all unobstructed
directions from the face of the automated teller machine;
(ii) At least 2 candlefoot power in that portion of the defined parking area
within 60 feet of the automated teller machine; and
(iii) In the event the automated teller machine is located within 10 feet of
a corner of the building and the automated teller machine is generally
accessible from the adjacent side, at least 2 candlefoot power along
the first 40 unobstructed feet of the adjacent side of the building.
(3) The requirements of this subsection apply only to automated teller
machines that are open for use by customers during the hours of
darkness.
(d) (1) At or before the time a customer is furnished with an access device,
the issuer of the access device shall furnish to the customer a notice
concerning basic safety precautions that customers should employ while
using an automated teller machine during hours of darkness.
(2) The notice shall be furnished:
(i) To each customer whose address for the account to which the access
device relates is in this State; and
(ii) By personally delivering or mailing the notice to customers at their
mailing addresses in this State.
(3) (i) Only one notice need be furnished for each mailing address.
(ii) If access devices are furnished to more than one customer for a single
account or set of accounts or on the basis of a single application or
other request for access devices, only one notice need be furnished to
satisfy this subsection's notice requirement as to those customers.
(4) The notice required by this subsection may be included with other
disclosures related to the access device furnished to a customer,
including any initial or periodic disclosure statement furnished under
the Federal Electronic Fund Transfer Act.
(5) The issuer of an access device shall be deemed to be in compliance with
the notice requirement of this subsection if the issuer advises the
customer to:
(i) Be aware of the customer's surroundings when using an automated teller
machine, particularly during the hours of darkness;
(ii) Be accompanied by another person when using an automated teller machine
during the hours of darkness;
(iii) Refrain from displaying cash, place cash in a pocket as soon as a
transaction is completed, and count cash in the safety of a locked
enclosure such as a car or home;
(iv) Use another automated teller machine or return at a later time if
anything suspicious is noticed;
(v) Cancel a transaction, place the access device in a pocket, and leave if
anything suspicious is noticed when using an automated teller machine;
and
(vi) Immediately report all crimes to the operator of the automated teller
machine and to local law enforcement officials.
(6) For an access device issued before January 1, 1995, compliance with the
provisions of this subsection shall be optional unless:
(i) A customer requests in writing that the notice required by this
subsection be provided; or
(ii) The access device is reissued, renewed, or replaced on or after January
1, 1995.
|
