NOTICE: In accordance with Governor Lamont's emergency declaration, employees and the public are asked to observe social distancing measures to ensure communal safety and to slow the spread of the novel coronavirus (COVID-19). People are asked to work from home and telecommute wherever possible. Adhering to these instructions, the Department of Banking has closed its offices to the public. However, agency staff will continue to provide services to consumers and industry through telework. When contacting the Department, please use electronic communication whenever possible. Agency staff will continue to check voicemails during this time. Consumers are encouraged to use our online form for complaints. If you are unsure where to send an inquiry, you may send it to Department.Banking@ct.gov and it will be routed appropriately. Thank you for your patience during this time.

news NEWS RELEASE


Banking Commissioner's Statement
Regarding Court Ruling on ATM Surcharge Case

April 8, 1999  -

Connecticut Banking Commissioner John P. Burke said that he was disappointed in a federal court ruling issued today by US District Court Judge Janet Bond Arterton enjoining him from enforcing a November 1998 cease and desist order preventing three banks from imposing surcharges on non-customers.

Judge Arterton's ruling, however, did not directly address the banking commissioner's interpretation of the ATM statute in dispute. Rather, she addressed the question of who has the authority to administratively enforce state banking laws against in-state branches of national banks and determined that the Comptroller of the Currency, not the commissioner, is empowered to directly enforce state banking law against national banks. Therefore, the banking commissioner's 1995 interpretation that existing state law prohibits banks in Connecticut from imposing surcharges remains in effect.

Having conferred with State Attorney General Richard Blumenthal, Burke expects to seek an immediate injunction in state superior court to keep the banks from surcharging and to file an appeal with the Second Circuit Court of Appeals in New York.

See earlier news release for more information.