What's happening
This bill requires ATM operators in New York to post notices about skimming risks and penalties for noncompliance.
Why it matters
Increases consumer awareness and prevention. By requiring clear signage about skimming risks and protective steps at every ATM, the bill empowers users to recognize and avoid fraudulent devices that steal card data, potentially reducing financial theft and identity fraud.
Creates clear accountability for operators. ATM operators and banks are directly responsible for posting and maintaining these notices, facing fines of up to $250 per non-compliant machine, which incentivizes ongoing vigilance and consumer protection.
Provides a streamlined reporting mechanism. The mandated notice includes contact information for the Attorney General’s consumer help line, making it easier for people to report suspected skimming, which could improve the speed and effectiveness of law enforcement responses.
Limits liability for unavoidable vandalism or tampering. Operators are protected from penalties if a notice is removed or damaged by someone else, as long as they replace it within ten business days of becoming aware, ensuring fairness while maintaining compliance pressure.
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Who cares
Headline styles
ATM Skimming Warning Signs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to banks
- Referred to banks
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3230
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Banks
AN ACT to amend the banking law, in relation to requiring a notice to be posted on all automated teller machines regarding skimming
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Sections 75-n and 75-o of the banking law, are renumbered 75-o and 75-p and a new section 75-n is added to read as follows:
§ 75-n. Skimming awareness notice. 1. For the purposes of this section, the following terms shall have the following meanings:
(a) "automated teller machine operator" shall mean any person who operates an automated teller machine at which consumers may make financial transactions, including, but not limited to, deposits, withdrawals, balance inquiries, and loan payments;
(b) "skimming" shall be defined as obtaining a consumer's personal identifying information as defined in subdivision one of section 190.77 of the penal law through the use of a skimmer device as defined in subdivision two of section 190.85 of the penal law.
2. Notwithstanding section seventy-five-i of this article every automated teller machine operator and banking institution shall place a sign containing a notice regarding skimming on each automated teller machine operated by such automated teller machine operator or banking institution. The attorney general shall promulgate the language for such sign, which shall include steps customers can take to protect themselves from skimming and a phone number for the attorney general's consumer help line or other appropriate contact number as determined by the attorney general to report incidences of suspected skimming.
3. (a) Any automated teller machine operator or banking institution who fails to comply with the requirements of this section shall be assessed a civil penalty not to exceed two hundred fifty dollars per
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05588-01-9
S. 3230 2
automated teller machine which lacks the notice required pursuant to subdivision two of this section.
(b) If the notice required pursuant to subdivision two of this section has been provided by an automated teller machine operator or banking institution and such notice is subsequently removed, damaged, or altered by any person other than such automated teller machine operator or banking institution, such operator or institution shall have no liability for a failure to comply with subdivision two of this section as long as such notice is replaced within ten business days from such automated teller machine operator or banking institution becoming aware of the defect.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the banking law, in relation to requiring a notice to be posted on all automated teller machines regarding skimming
Purpose
To provide consumers with the requisite information to file a claim with the Attorney General in the event that they believe they have been a victim of skimming.
Summary of specific provisions
Section 1: Amends the banking law to mandate the posting of a skimming awareness notice on all automated teller machines at which consumers may make financial transactions.
Section 2: Sets forth the effective date.
Justification
On a daily basis throughout our state, consumers use automated teller machines (ATM) to withdraw money, check balances, and made deposits. Most of the time these financial transactions are accomplished without incident. However, in some instances they are used by criminals to steal personal information.
Through the use of skimming devices, which are attached directly to the ATM, criminals are able to obtain a consumer's personal information clandestinely. With this information criminals are able to duplicate their victim's bank card, access their account, and empty it of its assets.
In order to protect consumers, we need to ensure that they are made aware of this burgeoning threat, the ways in which they can protect themselves from it, and how to make a report to the Attorney General if they believe they have been victimized. This legislation will help to accomplish these aims, and help keep the consumer's hard-earned money from falling into the hands of criminals.
Prior legislative history
2017 Session - new bill S6845 (Perlata) - referred to Rules 2018 Session- S6845 (Peralta) - referred to Banks, reported to Calendar
Fiscal implications
Minimal
Effective date
This act shall take effect on the ninetieth day after it shall have become law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.