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Massachusetts Regulatory Announcements

MA32154 ­ ATM Licensing Requirements, ATM Signage Requirements

6/24/16: The Massachusetts Gaming Commission adopted emergency rules to inhibit patrons from using credit to obtain cash for use at gaming establishments. Incorporated within the amendments, which went into effect 6/24/16, are restrictions and signage requirements for ATMs.

Notice of emergency rule (pdf pg 135):
http://statelink.stateside.com/Attachments/-1_MAregister_7.15.2016.pdf

This section is excerpted from the section of the adopted emergency rule dealing specifically with ATMs. If you have terminals deployed in Massachusetts gaming establishments, take heed. You will also want to review the entire emergency rule text.

138.47: Automated Teller Machines (ATM)

(1) Use and operation of an Automated Teller Machine (ATM) or electronic branch, as defined by M.G.L. c. 167B, § 1, within a gaming establishment is governed by M.G.L. c. 167B and 209 CMR: Division of Banks and Loan Agencies.

(2) No ATM or electronic branch, as defined by M.G.L. c. 167B, § 1, shall be located closer than 15 feet from the gaming area in a gaming establishment.

(3) A system of internal controls submitted by a gaming licensee in accordance with 205 CMR 138.02 shall include procedures that identify reasonable measures to be implemented that are tailored to inhibit the initiation and processing of any transaction allowing for the use of a card or card equivalent issued by a financial institution to obtain cash from a line of credit (e.g., credit card cash advance) in the gaming establishment by either an ATM or any other means. Such reasonable measures shall include, but not be limited to:

(a) The conspicuous placement of signage on an ATM indicating that use of credit cards is prohibited;

(b) Ensuring that an ATM does not offer to a user any transaction option that is designed to enable the patron to obtain cash from a line of credit (i.e. no option to press a "credit card" or "cash advance" button); and

(c) Ensuring that no transaction in which a card or card equivalent issued by a financial institution is being used to obtain cash from a line of credit is, in whole or part, initiated or processed at the cage or elsewhere in the gaming establishment, by any employee or anyone else.

(4) No data relative to an individual patron that is collected by an ATM or electronic branch may be sold, transmitted, or otherwise used for marketing purposes by a gaming licensee or provider of such device.

Meta ATM Team


Massachusetts S.D. 850 - Surcharges (Relates to the Disclosure of ATM Fees)

1/19/15: The following Stateside Alert was published on Friday, 1/16/15 regarding MA S.D. 850. This measure has no bill text yet available. It was filed on January 15, 2015.

Sponsor: Senator Thomas P. Kennedy (D)
Summary: Relates to the disclosure of ATM fees.
Bill text not yet available.
Status: Filed 1/15/2015.

Outlook: This measure is a Senate Document and will receive text upon its formal introduction. The sponsor is a member of the majority party. The Democratic Party controls both chambers of the General Court. Governor Charlie Baker (R) is a member of the Republican Party. As the General Court utilizes a two-year legislative session, measures may remain dormant for extended periods of time.

Meta ATM Team

State of Massachusetts introduces measures in Senate regarding ATMs

1/13/15: Statewide recently alerted that two Senate documents were filed on 1/9/15 in the State of Massachusetts. Text for each will be provided upon the measure’s formal introduction. The sponsor is Senator Brian Joyce (D).

Massachusetts S.D. 17 – ATM User Security – Improves safety at Automated Teller Machines

Massachusetts S.D. 18 – ATM User Security – Creates a commission to study Automated Teller Machine Safety

Meta ATM Team