38 Ill. Adm. Code 315.410
Requirements for Surcharge and Contact Information Signage
Section 315
Section 315.410 Requirements
for Surcharge and Contact Information Signage
a) No person operating a terminal in this State shall impose any
surcharge on a consumer for the usage of that terminal unless that surcharge is
clearly disclosed to the consumer by display screen disclosures clearly visible
to the consumer that comply with the following requirements:
1) Be at least 4" x 4" and bear the heading "FEE NOTICE"
in at least 18-point type centered at the top of the notice with the remaining
text of the disclosure in at least 14-point type.
2) Clearly
state the following:
A) Name
of the terminal operator;
B) Explanation that transactions will receive a surcharge that
will be deducted from the consumer's account in addition to any fees imposed by
the access device issuer;
C) Amount
or calculation of the surcharge fee; and
D) The surcharge is assessed by the terminal operator and not the
access device issuer.
3) The display screen must:
A) be
displayed for a reasonable duration;
B) clearly state the amount or calculation of the surcharge fee;
and
C) clearly give the consumer the unconditional right to cancel the
transaction without incurring the surcharge fee.
b) Any
cash-dispensing terminal operating in this State that is owned or established
by a person other than a financial institution or an affiliate of a financial
institution must provide signage physically attached to the terminal or provide
display screen disclosures clearly visible to the consumer with contact
information to report any issues with the terminal to the operator of the
terminal or to the Secretary, meeting the following requirements:
1) Be at
least 4" x 4" and bear the heading "CONTACT INFORMATION" in
at least 18-point type centered at the top of the notice, with the text of the
disclosure in at least 14-point type; and
2) Clearly
state the following:
A) The
name of the operator;
B) The
telephone number and website address (if applicable) of the operator;
C) The
name, website address, and telephone number of the Division as follows:
Illinois Department of Financial
and Professional Regulation-
Division of
Banking
(844) 768-1713
www.idfpr.com.
c) This Section does apply to a point-of-sale purchase
transaction at a terminal.