Senate Banking, Housing and Urban Affairs Committee


Hearing on the Practice of Automated Teller Machine Surcharging


Prepared Testimony of Mr. J. Raymond Curtin
President and CEO
Empire Federal Credit Union

NOTE: Mr. Curtin is presenting the testimony of Mr. Michael S. Vadala, President and CEO,
The Summit Federal Credit Union, who was unable to appear at this hearing.

10:00 a.m., Wednesday, July 15, 1998


As the President and Chief Executive Officer of The Summit Federal Credit Union in Rochester, New York, I commend the members of the Senate Banking, Housing and Urban Affairs Committee for holding this hearing concerning the impact of Automated Teller Machine (ATM) surcharging. It is an honor to be invited to provide the Committee with my comments on this important issue.

Officially established by an act of Congress in 1934, the federal credit union system was recognized as a way to make financial services available to people of small means and to promote thrift and extend credit. Congress established credit unions as a financial alternative to banks and to fill a precise public need--a niche that credit unions still fill for over 70 million Americans. Every credit union is, by statute and practice, a cooperative association organized "for the purpose of promoting thrift among its members and creating a source of credit for provident or productive purposes." [12 USC 1752(1)] While more than 60 years have passed since the Federal Credit Union Act was signed into law, two fundamental principles regarding the operation of credit unions remain every bit as important today as they were when Congress first authorized the establishment of federal credit unions:

As owners of not-for-profit, cooperative financial institutions united by a common bond, all credit union members have an equal say in the operation of their credit union--regardless of the amount they have on account at the credit union. These singular rights extend all the way from making basic operating decisions to electing the board of directors. Unlike banks and thrifts, federal credit union directors, motivated by an altruistic desire to be of service to others, serve without remuneration--a fact that epitomizes the true "volunteer spirit" permeating the credit union community.

Credit unions play an important role in the financial lives of more than 70 million Americans from all walks of life who have chosen the convenient and low-cost financial services provided by credit unions. As the package of services offered by various types of financial institutions becomes more homogenized, the emphasis shifts from the type of service offered to the quality and cost of service provided. Historically, credit unions have been second to none in providing their members with quality personalized service at the lowest possible cost. According to an annual survey conducted by the American Banker newspaper, 1997 was the thirteenth consecutive year in which credit unions have rated higher than all other financial institutions in overall service quality and this trend shows no sign of change.

Credit unions are not banks. The nation's nearly 12,000 credit unions serve a different purpose and, accordingly, have a fundamentally different structure. Credit unions are not-for-profit cooperative institutions that serve the public good. They are owned by their members and managed by a democratically elected, unpaid board of directors. Membership in a credit union is not open to the general public; a credit union may serve only those individuals within its field of membership (as approved by the National Credit Union Administration (NCUA)). Federal credit unions have an independent federal regulator (NCUA) and an insurance fund (the National Credit Union Share Insurance Fund (NCUSIF)) separate from the bank and thrift funds managed by the Federal Deposit Insurance Corporation. Credit unions are prohibited from using their members' funds to make foreign loans or to engage in speculative ventures: just two of the many benefits enjoyed by the banking industry.

Ironically, banks are calling for greater regulation of credit unions while demanding fewer regulations for themselves, so that they may enjoy more benefits of being a bank. Credit unions are not banks and never have been.

Credit unions exist solely for the purpose of providing financial services to their members. Banks exist primarily to provide a return on investment for stockholders; providing financial services to their customers is the method banks use to generate the profit necessary to provide that return on investments to stockholders, but it is not the raison d'être of the institution--as is the case with credit unions.

The Summit Federal Credit Union (The Summit FCU) is a not-for-profit financial institution that provides low-cost financial services to our owner/members. My position as the President/CEO of this institution provides me with the ability to comment accurately on the impact of ATM surcharging on consumers and smaller financial institutions.

It may be somewhat controversial to legislate pricing, but it is worse to allow a practice that hurts consumers, especially those who can afford it the least. Assessing multiple charges at ATMs is one such practice, which is generating huge windfalls for ATM owners at the expense of the general public, who are merely trying to gain convenient access to their own money. ATM surcharging has also put smaller financial institutions at a competitive disadvantage that will worsen over time. This practice has been implemented with a monopolistic mind set and the impact will be great upon all these smaller institutions.

From their inception, ATMs have been a big "win" for financial institutions in the area of cost control. Even before the advent of surcharging, ATM owners were compensated for transactions performed at their machines by those users who did not maintain an account at that particular institution. Non-bank ATM owners have also been fairly compensated for every transaction performed on their machines. Banks and credit unions owning ATMs benefited from a reduced transaction cost compared to that of teller transactions for those transactions performed by their own account holders.

Consumers were skeptical at the onset, but ATMs have been well promoted--and why not? ATM owners benefited from a reduced transaction cost compared to that of teller transactions performed by their own account holders. This is not to say that consumers have not benefited from the convenience of ATMs, but they have also paid for this convenience--generally paying a fee for using ATMs that were not owned by their institution.

This "convenience fee" has already put smaller institutions at something of a competitive disadvantage, because they cannot afford as many ATMs as larger ATM owners. To compensate, many credit unions offer at least some "foreign" ATM transactions at no cost to our members. At The Summit FCU, our members performed over 135,000 transactions in June 1998...and the number grows every month. Appendix A shows that 112,718 of these transactions, or 83 percent, were performed at non-The Summit FCU ATMs. We incur a cost of nearly $45,000 per month to compensate ATM owners for the use of their machines. Less than 25 percent of this cost is passed on to the ATM user.

In our attempt to offer free ATM service, The Summit FCU's board of directors approved a policy that allows unlimited free ATM access at our fifteen ATMs. However, eight of these are contained within our sponsor companies and not accessible to most of our members. Therefore, we developed a creative policy that allows our members five free transactions each month at any non-The Summit FCU ATM that is convenient to them. Despite our willingness to design a policy that gives members an opportunity to avoid ATM fees, widespread ATM surcharges will result in the loss of free access to their money.

Our members will have a few alternatives:

  1. Ignore the double charges and pay the $5-$15 per month, plus reimburse The Summit FCU for our $1.00 fee on any transactions over five;

  2. Ask The Summit FCU to reimburse them for ATM surcharges which they have incurred, or modify our policy to not charge any fees on ATMs (which we could not afford); or,

  3. Close their account and move to a large bank that has a greater number of ATMs.

The Summit FCU conducted a study last year on the income levels of our loan applicants and found that the average member's income was $23,000. (Appendix B) The average weekly "take home" pay of a person at this income level is $335.70 per week. Even so, we believe that many of these consumers have become dependent upon ATMs and will pay a surcharge--not recognizing that the annual cost of this fee to them could approach $150.00 to $200.00. Many others will move to large banks to avoid ATM fees only to find minimum balance requirements that exceed their means, and be subject to additional charges to maintain their checking accounts.

In the past, many large banks were not interested in the business of smaller depositors. These consumers have been made profitable for them through the implementation of fee programs that capitalize on their small balances. ATM surcharging takes this to the next step, as large banks now can get $150.00 per year from consumers whether that consumer opens an account with them or not. It may be great strategy--but it is anti-consumer. Access to a person's paycheck should be considered to be a lifeline financial service. For twenty-plus years the public has been encouraged to use ATMs to access their funds. Now that larger financial institutions have the average consumer addicted to ATMs or have forced consumers to use them in lieu of scaled back teller services, these institutions can raise surcharges almost at will.

While widespread ATM surcharges threaten the membership base of all credit unions because we cannot afford as many ATMs on average as larger institutions, credit unions face interpretations of the federal credit union act that severely limit our ability to add new members. Congress is considering legislation to address this problem. Even if we chose to engage in the monopolistic practices of others and tried to persuade non-members to join credit unions, we would not be able to do so. There is really no free market. Further, whenever possible, our ATMs have been deployed where they will best serve our members. We do not have enough resources to provide such service without the support of the networks, and reasonably priced access to ATMs owned by others.

The arguments that surcharging will now allow ATMs to be deployed in areas that are traditionally under served is about as attractive an option as check cashing shops or pawn shops that prey upon the residents of our poorest neighborhoods.

Over 81,000 ATM transactions are performed annually on our machines by non-members and are not subject to double-charging--a situation that greatly benefits consumers in Rochester. The Summit FCU and most other credit unions have not engaged in the practice of double charging consumers because it is wrong. I am proud that The Summit FCU has an ATM in our community's new stadium, "Frontier Field," (Appendix C) and despite the fact that 94 percent of the transactions are by non-members, we do not surcharge on that ATM or any other of our proprietary ATMs.

We believe that the "Fair ATM Fees for Consumer Act" (S. 885) must apply not only to financial institutions but to all ATM owners. We hope that Congress will consider and act favorably on this legislation.

If smaller financial institutions fall prey to surcharges, deeper questions will arise concerning where consumers will go for credit and other low cost financial services. The thought of pricing at ATMs controlled by only the largest financial institutions should scare all of us. It is far less offensive for Congress to take action against this practice of double charging for ATM activity. This an important step that must be taken by Congress to ensure the ability of consumers to receive fairly priced financial services.


Appendix A

ATM Withdrawals by Members of The Summit FCU
(By System/Network)
June 1998


NYCE........................67,217

Plus...............................7,324

Wegmans....................38,177

The Summit.................22,749

Total Withdrawals.....135,467

Total Withdrawals at Non-The Summit ATMs.........112,718............83 %



ATM Withdrawals by Non-Members of The Summit FCU
(At The Summit FCU ATMs)

June 1998......................8,602


Appendix B

Average Income of Loan Applicants at The Summit FCU

June 1998....................$23,000

What is this Person's Weekly "Take Home" Pay?

Gross Weekly Pay..................$442.31

FICA.....................................($33.88)

FWT.....................................($58.63)

SWT.....................................($14.10)

Net Weekly Pay....................$335.70


Appendix C

"Frontier Field" Stadium ATM
Activity Report
The Summit FCU

June 1998

The Summit FCU Withdrawals................97

Non-The Summit FCU.......................1,499

Total..................................................1,596


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