Assembly authorizes DFS to set limits on ATM surcharges at casinos and colleges

The Assembly approved A.6766 to authorize the New York State Department of Financial Services to establish reasonable limits on ATM transaction surcharges at casinos and colleges and to require casinos and colleges to investigate and address consumer complaints regarding noncompliant ATMs.

Sponsor Vannell said the bill targets ‘‘captive audiences’’ — places where people have limited alternatives to access cash — and cited consumer complaints of very high ATM surcharges at some locations. Questioners pressed for detail on definitions (which casinos and colleges are covered), on tribal/reservation gaming, whether private ATMs owned by a casino are captured, and how existing contracts with ATM vendors would be handled.

Vannell said the bill applies to casinos licensed by the gaming commission (not reservation gaming) and to colleges as defined in Education Law; it covers ATMs on premises whether owned by a third party or the institution. He said DFS will promulgate regulations, consider industry norms and consumer protection, and hold public comment periods during rulemaking.

Members debated whether fees are a matter of consumer choice; supporters said people using ATMs in these contexts are often economically constrained and vulnerable to exploitation. Opponents raised implementation concerns — including existing multi-year contracts with ATM vendors — and called for broader coverage (stadiums, gas stations, etc.). The Assembly recorded the vote Ayes 103, Noes 41; the bill passed and takes effect immediately under the version read on the floor.

Votes at a glance: A.6766 — Ayes 103, Noes 41 — Passed.