Resolution in Opposition to Government Imposed Caps or Elimination of ATM Service Fees Exposed
The Resolution in Opposition to Government Imposed Caps or Elimination of ATM Service Charges was adopted by ALEC's Commerce, Insurance and Economic Development Task Force on August 20, 1998, and approved by the ALEC Board of Directors in September 1998. Reapproved by ALEC Board of Directors on January 28, 2013.
ALEC Bill Text
This resolution opposes government imposed caps or elimination of ATM service charges. ATMs are widely used machines that many consumers rely upon to conveniently bank 24 hrs per day. These machines were originally installed to reduce reliance on tellers and have proliferated because of financial support derived from particular fees for usage. In any case, government imposed caps on ATM fees and surcharges are price controls, which violate the principles of free enterprise.
WHEREAS, ATM owners have revolutionized personal banking by providing consumers access to banking services 24 hours per day, seven days per week and ATM networks provide consumers access to their money nationwide and worldwide; and
WHEREAS, Most banks allow free, unlimited ATM usage for their own customers; and
WHEREAS, since April of 1996, when ATM networks began to allow ATM owners to charge non-customers for transactions, the number of ATMs nationwide has increased by 85%; and
WHEREAS, the consulting firm of McKinsey & Co. found that banks have spent $1.5 billion to operate ATMs and have saved $200 million on the cost of using tellers as a result of growing ATM usage; and
WHEREAS, Between 1991 and 1995, the federal reserve board estimates that average ATMs generated $10,445 more in expenses than in income; and
WHEREAS, some ATM owners and network operators charge fees and surcharges to consumers to help them cover the costs of operating ATMs; and
WHEREAS, Before ATM surcharges, 3,000 transactions per month for small ATM operators were required for them to break even; and
WHEREAS, Now it only takes these same operators 500 transactions per month to break even; and
WHEREAS, Prohibiting ATM fees and surcharges would reduce the number and locations of ATMs because of the high costs of owning and operating these machines, thereby reducing customer convenience and choice in using personal banking services; or
WHEREAS, ATM owners would be forced to pass the costs of operating ATMs to other customers who may not be ATM users but would end up subsidizing those who do use them; and
WHEREAS, ATM surcharges and others fees are really fees used for different purposes and not double dipping as some critics of ATM fees contend; and
WHEREAS, Consumers are provided other methods such as traveling to a bank or utilizing a point of sale installation to complete their cash transactions; and
WHEREAS, Consumers and not the government should decide whether or not they want to pay for the convenience of using ATMs; and
WHEREAS, Such a government imposed prohibition would amount to levying a time tax on consumers by denying them the opportunity to use convenient ATMs and forcing them to travel, in some cases, long distances to complete banking transactions; and
WHEREAS, Such a government imposed prohibition represents a price control that flies in the face of free market principles;
NOW THEREFORE BE IT RESOLVED, that [insert state here] opposes the practice of government at any level limiting or eliminating any ATM fees or surcharges; and
BE IT FURTHER RESOLVED, that the clerk (of the House or Senate) transmit copies of this resolution to the President and Vice President of the United States and to each member of Congress of the United States.
- ALEC, "Resolution in Opposition to Government Imposed Caps or Elimination of ATM Service Charges, accessed June 12, 2015.