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Session Laws, 1997
Volume 795, Page 4700   View pdf image
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H.B. 57

VETOES

(3)     (i) Only one notice need be furnished for each mailing address; and

(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.

(F) (1) AT OR BEFORE THE TIME A TRANSACTION IS INITIATED, THE
OPERATOR OF AN AUTOMATED TELLER MACHINE SHALL PROVIDE THE CUSTOMER
PERSON USING THE AUTOMATED TELLER MACHINE WITH NOTICE OF THE FEE TO BE
CHARGED BY THE OPERATOR FOR USING USE OF THE AUTOMATED TELLER
MACHINE BY CUSTOMERS 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:

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Session Laws, 1997
Volume 795, Page 4700   View pdf image
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