Sen. Michael Johanns (R-Neb.), ranking member of the Senate Banking Subcommittee on Security, International Trade and Finance, introduced a bill Thursday afternoon that would end the requirement to display a fee-notice placard on automated teller machines that has spurred frivolous lawsuits against credit unions.

The bill, with Sens. Mark Warner (D-Va.), Jon Tester (D-Mont.) and Bob Corker (R-Tenn.) as original cosponsors, is similar to HR 4367, introduced recently by Reps. Blaine Luetkemeyer (R-Mo.) and David Scott (D-Ga.).

NAFCU President and CEO Fred Becker called Johanns' action “an important step toward repeal of the outdated dual signage provision.”

Both HR 4367 and Johanns' new Senate bill would revise the Electronic Funds Transfer Act and its implementing rule, Regulation E, by eliminating the requirement of ATM operators to provide two separate notices to consumers regarding the imposition of a fee for the use of the ATM.

If the legislation is enacted, ATM owners would only be required to provide notices of fees on screen at a point when consumers can still opt to cancel their transactions.

“Eliminating this single requirement will help put a stop to frivolous lawsuits that drive up the cost of maintaining ATMs and, in turn, lead to higher costs and less convenience for consumers,” Becker said.

Instant Insights /

Senate Bill Joins House Measure in ATM Bill Aimed at Dual Notices and Frivolous Lawsuits

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