Section 315.410  Requirements for Surcharge Signage

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 signage and display screen disclosures that comply with the following requirements:

a)         The sign must be on or at the terminal and be clearly visible to a consumer while operating the terminal.

b)         The sign must be no smaller than 4" x 4".  It must bear the heading "FEE NOTICE" in at least 18 point type centered at the top of the notice.  The actual text of the disclosure must be in at least 14 point type.

c)         The sign must clearly state the following:

1)         Name of the terminal operator.

2)         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.

3)         Amount or calculation of the surcharge fee.

4)         The surcharge is assessed by the terminal operator and not the access device issuer.

d)         The display screen must, for a reasonable duration, clearly state the amount or calculation of the surcharge fee.  In addition, the display screen must clearly give the consumer the unconditional right to cancel the transaction without incurring the surcharge fee.

e)         This Section does apply to a point-of-sale purchase transaction at a terminal.

(Source:  Amended at 28 Ill. Reg. 1053, effective January 5, 2004)