Illinois Compiled Statutes
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205 ILCS 616/50
(205 ILCS 616/50)
(a) To assure maximum safety and security against
malfunction, fraud, theft, and other accidents or abuses and to assure that all
access devices will have the capability of activating all terminals established
in this State, no terminal shall accept an access device
that does not conform to specifications that are generally accepted. In the
case of a dispute concerning the specifications, the Commissioner, in
accordance with the provisions of Section 20 of this Act, shall have the
authority to determine the specifications.
(b) No terminal that does not accept an
access device that conforms with those specifications shall be established or
(c) A terminal shall bear a logotype or other identification
symbol designed to advise customers which access devices may activate the
(d) When used to perform an interchange transaction, a terminal shall not
bear any form of proprietary advertising of products and services not offered
at the terminal; provided, however, that a terminal screen may bear proprietary
advertising of products or services offered by a financial institution when a
person uses an access device issued by that financial institution.
(e) No person operating a terminal in this State shall impose any
surcharge on a consumer for the usage of that terminal, whether or not the
consumer is using an access device issued by that person, unless that surcharge
is clearly disclosed to the consumer electronically on the
terminal screen. Following presentation of the electronic disclosure on the
terminal screen, the consumer shall be provided an opportunity to cancel that
transaction without incurring any surcharge or other obligation. If a
surcharge is imposed on a consumer using an access device not issued by the
person operating the terminal, that person shall disclose on
the terminal screen that the surcharge is in addition to any fee that may
be assessed by the consumer's own institution. As used in this subsection,
"surcharge" means any charge imposed by the person operating the terminal
solely for the use of the terminal.
(f) A receipt given at a terminal to a person who initiates an electronic
fund transfer shall include a number or code that identifies the consumer
initiating the transfer, the consumer's account or accounts, or the access
device used to initiate the transfer. If the number or code shown on the
receipt is a number that identifies the access device, the number must be
truncated as printed on the receipt so that fewer than all of the digits of the
number or code are printed on the receipt. The
Commissioner may, however, modify or waive the requirements imposed by this
(f) if the Commissioner determines that the modifications or waivers are
necessary to alleviate any undue compliance burden.
(g) No terminal shall operate in this State unless, with respect to each
interchange transaction initiated at the terminal, the access code entered by
the consumer to authorize the transaction is encrypted by the device into
which the access code is manually entered by the consumer and is transmitted
from the terminal
only in encrypted form. Any terminal that cannot meet the foregoing encryption
requirements shall immediately cease forwarding information with respect to any
interchange transaction or attempted interchange transaction.
(h) No person that directly or indirectly provides data processing support
any terminal in this State shall authorize or forward for authorization any
interchange transaction unless the access code intended to authorize the
interchange transaction is encrypted when received by that person and is
encrypted when forwarded to any other person.
(i) A terminal operated in this State may be designed and programmed 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 having jurisdiction over the terminal location. The
shall promulgate rules necessary for the implementation of this subsection (i). The provisions of this subsection (i) shall not be construed to require an owner or operator of a terminal to design and program the terminal to accept a personal identification number in reverse order.
(j) A person operating a terminal in this State may not impose a
consumer for usage of the terminal if the consumer is using a Link Card or
other access device issued by a government agency for use in obtaining
financial aid under the Illinois Public Aid Code.
No person in this State may impose a fee upon a consumer for usage of a terminal if the consumer is using a general use reloadable card issued by the Illinois State Disbursement Unit for the purpose of receiving his or her child support payments.
For the purposes of this subsection (j), the term "person
terminal" means the person who has control over and is responsible for a
terminal. The term "person operating a terminal" does not mean the person who
owns or controls the property or building in which a terminal is located,
unless he or she also has control over and is responsible for the terminal.
(Source: P.A. 98-415, eff. 8-16-13; 98-984, eff. 7-1-15