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Session Laws, 1997
Volume 795, Page 1841   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 181

(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.

(F) (1) AT OR BEFORE THE TIME A TRANSACTION IS INITIATED, THE
OPERATOR OF AN AUTOMATED TELLER MACHINE SHALL PROVIDE THE PERSON
USING THE AUTOMATED TELLER MACHINE WITH NOTICE OF THE FEE TO BE
CHARGED BY THE OPERATOR FOR USE OF THE AUTOMATED TELLER MACHINE BY
PERSONS USING ACCESS DEVICES NOT ISSUED BY THE OPERATOR.

(2) THE OPERATOR MAY GIVE THE NOTICE REQUIRED UNDER
PARAGRAPH (1) OF THIS SUBSECTION BY EITHER:

(I) POSTING IN A CONSPICUOUS PLACE ON OR NEAR THE
AUTOMATED TELLER MACHINE THE AMOUNT OF THE FEE; OR

(II) LISTING THE AMOUNT OF THE FEE ON THE SCREEN OF THE
AUTOMATED TELLER MACHINE AT THE TIME THE TRANSACTION IS INITIATED.

(3) IF THE OPERATOR GIVES THE NOTICE IN THE MANNER PROVIDED
BY PARAGRAPH (2)(II) OF THIS SUBSECTION, THE PERSON USING THE AUTOMATED
TELLER MACHINE SHALL BE PROVIDED WITH THE OPPORTUNITY TO CANCEL THE
TRANSACTION WITHOUT INCURRING ANY FEE.

[(f)] (G) (1) Only the State may enact a law regarding customer safety at
automated teller machines.

(2) This section shall preempt any local law governing customer safety at
automated teller machines.

SECTION 2. AND BE IT FURTHER ENACTED, That if any provision of this Act
or the application thereof to any person or circumstance is held invalid for any reason in

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Session Laws, 1997
Volume 795, Page 1841   View pdf image
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