Iowa was, for many years, an exception. Iowa established its ATM network as a common carrier—similar to telephone wires and railroads. All banks and credit unions, regardless of size, were guaranteed access to the network under the same terms and had an equal say in setting network rules and pricing.
This nondiscriminatory language was the basis ofBanking Superintendent Richard H. By the s, in most other states, two or three banks owned most of the ATMs. In contrast, the top four banks in Iowa owned fewer than 20 percent of the ATMs in The court voided the ban on surcharges.
Other portions of the law were struck down in a separate lawsuit brought by Bank One, also with the backing of the OCC. James W. Your letter notes:. Surcharging would involve a terminal-establishing bank or credit union directly charging a fee to consumers both their own cardholders and cardholders from other financial institutions for using a satellite terminal.
Although your letter asked, specifically, about the filing of informational statements with the Banking Division and Credit Union Division, due to our opinion on the more fundamental issue of whether surcharging is permitted by the Iowa Code, we need not reach the question of when surcharging must be disclosed on informational statements.
A satellite terminal shall be available for use on a nondiscriminatory basis by any other financial institution…, and by all customers…who have been provided with an access device emphasis added. A complete understanding of this section is achieved by a review of the broad scope of Iowa Code Chapter and recognition of the tenor of that legislation. See Iowa Code S It is our opinion that surcharging of individual users of a satellite terminal is not permitted by Iowa Code Chapter We reach this conclusion for the following reasons:.
Charges to individuals are not provided for in the statute. Manage and pay bills. Send, receive and request money. With thousands of U. Get the information and features you need to manage your money on your computer screen. From calculators and rate charts to get you started, to experienced loan officers and bankers, U.
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In contrast, the top four banks in Iowa owned fewer than 20 percent of the ATMs in The court voided the ban on surcharges. Other portions of the law were struck down in a separate lawsuit brought by Bank One, also with the backing of the OCC. James W. Your letter notes:. Surcharging would involve a terminal-establishing bank or credit union directly charging a fee to consumers both their own cardholders and cardholders from other financial institutions for using a satellite terminal.
Although your letter asked, specifically, about the filing of informational statements with the Banking Division and Credit Union Division, due to our opinion on the more fundamental issue of whether surcharging is permitted by the Iowa Code, we need not reach the question of when surcharging must be disclosed on informational statements. A satellite terminal shall be available for use on a nondiscriminatory basis by any other financial institution…, and by all customers…who have been provided with an access device emphasis added.
A complete understanding of this section is achieved by a review of the broad scope of Iowa Code Chapter and recognition of the tenor of that legislation. See Iowa Code S It is our opinion that surcharging of individual users of a satellite terminal is not permitted by Iowa Code Chapter We reach this conclusion for the following reasons:.
Charges to individuals are not provided for in the statute. All charges to financial institutions must be justifiable either as 1 a cost of operating a satellite terminal or as 2 a fair, reasonable return on investment of capital. See , Iowa Code S The effect of surcharging would be to render the cost of electronic transfer services variable—dependent upon ownership of the satellite terminal a consumer used.
The intention of the Iowa legislature was to permit the creation of a satellite terminal network providing services — on an equal, or non-discriminatory basis — throughout the state. Surcharging would violate that intention by creating a system where customer charges would vary from satellite terminal to satellite terminal. Mobile Banking. Schedule an appointment. Life Services. My Rewards All your rewards in one place. Savings made simple and rewarding. Find the perfect credit card from among our most popular options Shop all credit cards.
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