AUTHORITY: Implementing Section 50(e) of the Electronic Fund Transfer Act [205 ILCS 616/50(e)] and authorized by Section 20(1) of the Electronic Fund Transfer Act [205 ILCS 616/20(1)].

SOURCE: Adopted at 20 Ill. Reg. 10832, effective August 1, 1996; amended at 24 Ill. Reg. 4932, effective March 10, 2000; amended at 28 Ill. Reg. 1053, effective January 5, 2004; amended at 28 Ill. Reg. 14789, effective October 27, 2004; amended at 42 Ill. Reg. 2266, effective February 2, 2018. AGENCY NOTE: 38 Ill. Adm. Code 310, Electronic Fund Transfers, was repealed and this Part 38 Ill. Adm. Code 315, Electronic Fund Transfers, was adopted at 20 Ill. Reg. 10832, effective August 1, 1996.

SUBPART A: DEFINITIONS

 

Section 315.110  Definitions

 

The words and phrases used in this Part and not defined in this Section shall have the meanings ascribed to them in the Electronic Fund Transfer Act [205 ILCS 616].

 

"Act" means the Electronic Fund Transfer Act [205 ILCS 616].

 

"Secretary" means the Secretary of the Department of Financial and Professional Regulation.

 

(Source:  Amended at 42 Ill. Reg. 2266, effective February 2, 2018)

SUBPART B: ARBITRATION OF DISPUTES

 

Section 315.210  Scope and Authority (Repealed)

 

(Source:  Repealed at 28 Ill.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

 

Section 315.220  Statement of Claim, Response and Reply (Repealed)

 

(Source:  Repealed at 28 Ill.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

 

Section 315.230  Motions (Repealed)

 

(Source:  Repealed at 28 Ill.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

 

Section 315.240  Appearances (Repealed)

 

(Source:  Repealed at 28 Ill.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

 

Section 315.250  Appointment of Hearing Officer (Repealed)

 

(Source:  Repealed at 28 Ill.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

 

Section 315.260  Service (Repealed)

 

(Source:  Repealed at 28 Ill.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

 

Section 315.270  Procedures (Repealed)

 

(Source:  Repealed at 28 Ill.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

SUBPART C: FEES FOR THE EXAMINATION OF NETWORKS AND SWITCHES

 

Section 315.310  Fees and Charges

 

The Secretary is authorized by Section 25 of the Act to examine any network and any switch as to any transaction by, with, or involving a financial institution that has established a terminal in this State.  The Secretary shall charge a fee of no more than $750 per examiner per day to cover the costs of such an examination.  The Secretary reserves the right to charge less than the fee stated in this Section.  The same fee will be charged equally to all networks examined under this Part, unless the examination costs of a particular network justify an additional amount (i.e., out-of-state or out-of-country travel or use of contract personnel).

 

(Source:  Amended at 42 Ill. Reg. 2266, effective February 2, 2018)

SUBPART D: TERMINALS

 

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.

 

(Source:  Amended at 42 Ill. Reg. 2266, effective February 2, 2018)

 

Section 315.420  Acceptance of Deposits

 

In order to maintain parity, any financial institution, the deposits in which are insured by an agency or instrumentality of the federal government, may establish or own a terminal in this State that accepts deposits of funds to an account if the main office of such financial institution is located in a state that would permit, under terms no more restrictive than those imposed in Illinois, a financial institution organized under the Illinois Banking Act to establish or own a terminal in that state that accepts deposits of funds to an account.

 

(Source:  Added at 28 Ill. Reg. 14789, effective October 27, 2004)

 

Section 315.430  Reverse Order Personal Identification Number Programming

 

Pursuant to subsection (i) of Section 50 of the Act [205 ILCS 5/50(i)], an owner or operator of a terminal in this State may, but is not required to, design and program the terminal so that when a consumer enters his or her personal identification number in reverse order, the terminal automatically sends an alarm to the local law enforcement agency in whose jurisdiction the terminal is located.  An owner or operator of a terminal that chooses to program their terminal in this manner shall inform their customers and local law enforcement of the location of the terminal and its programming.  This notice shall be given at the time an access device is issued and on an annual basis thereafter.  The notice may be included with other disclosures that must be furnished to customer, such as disclosures under the federal Electronic Fund Transfer Act or the Consumer Deposit Account Act.  For purposes of this Section, customer includes any individual who has obtained an access device from the owner or operator.

 

(Source:  Added at 28 Ill. Reg. 14789, effective October 27, 2004)