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Register March 2014 No. 699
Chapter DFI-CU 63
REMOTE SERVICE UNITS
DFI-CU 63.01   Joint rules.
DFI-CU 63.02   Definitions.
DFI-CU 63.03   Advance notice and approval required.
DFI-CU 63.04   Restrictions on access prohibited.
DFI-CU 63.05   Discriminatory rates or services prohibited.
DFI-CU 63.06   Confidentiality and security requirements.
DFI-CU 63.07   Allocation of liability.
DFI-CU 63.08   Customer service and disclosure requirement.
DFI-CU 63.10   Advertising restrictions.
DFI-CU 63.11   Filing of supplemental information.
Ch. DFI-CU 63 Note Note: Chapter CU 63 was renumbered chapter DFI-CU 63 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, October, 1997, No. 502.
DFI-CU 63.01 DFI-CU 63.01 Joint rules. This chapter is promulgated as a joint rule by the office of credit unions, the division of savings and loan and the division of banking in accordance with s. 186.113 (15) (a), Stats.
DFI-CU 63.01 Note Note: See chs. DFI-Bkg 14, DFI-SB 12 and DFI-SL 12, Wis. Adm. Code.
DFI-CU 63.01 History History: Cr. Register, March, 1978, No. 267, eff. 4-1-78.
DFI-CU 63.02 DFI-CU 63.02 Definitions. In this chapter:
DFI-CU 63.02(1) (1)Director. "Director" means the director of credit unions or authorized representative.
DFI-CU 63.02(2) (2)Days.
DFI-CU 63.02(2)(a)(a) "Days" mean calendar days computed under s. 990.001 (4), Stats.
DFI-CU 63.02(2)(b) (b) "Business day" means that part of any day on which a credit union is open for carrying on substantially all of its business functions.
DFI-CU 63.02(3) (3)Financial institution. "Financial institution" means a state or federal savings and loan association, a state or national bank, a mutual savings bank, or a state or federal credit union.
DFI-CU 63.02(4) (4)Remote terminal. "Remote terminal" means a remote terminal as defined in s. 186.113 (15) (b), Stats., a remote service unit as defined in s. 215.13 (46) (a), Stats., or a customer bank communications terminal as defined in s. 221.0303 (1), Stats.
DFI-CU 63.02(5) (5)Supplier. "Supplier" means any person furnishing equipment, goods or services used to complete any function performed through a given remote terminal.
DFI-CU 63.02 History History: Cr. Register, March, 1978, No. 267, eff. 4-1-78; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534.
DFI-CU 63.03 DFI-CU 63.03 Advance notice and approval required. Each credit union proposing to engage in an activity authorized under s. 186.113 (15), Stats., or proposing to change the place or manner in which it engages in such an activity shall file with the director an application containing such information as the director may from time to time prescribe. If the director regularly receives information on additions, deletions or changes in locations of remote terminals from a supplier, a credit union is excused from filing an application merely to change the place at which it offers the services. No credit union may commence any such activity unless the place and manner in which the activity is conducted has been approved by the director in writing or the director does not take written objection to the credit union's completed application within 30 days after it has been filed under this section. A credit union may not commence or continue to engage in any activity authorized under s. 186.113 (15), Stats., if, in the opinion of the director, the activity is beyond the financial or management capabilities of the credit union, would result in unfair competition among financial institutions, or is otherwise in violation of this chapter.
DFI-CU 63.03 History History: Cr. Register, March, 1978, No. 267, eff. 4-1-78; am. Register, October, 1988, No. 394, eff. 11-1-88.
DFI-CU 63.04 DFI-CU 63.04 Restrictions on access prohibited.
DFI-CU 63.04(1)(1) General provisions. Except as provided in sub. (2), no credit union may directly or indirectly acquire, place or operate a remote terminal and no credit union may participate in the acquisition, placement or operation of a remote terminal, unless the terminal is available on a nondiscriminatory basis to the following financial institutions and their designated customers:
DFI-CU 63.04(1)(a) (a) Any financial institution that has its home office in this state;
DFI-CU 63.04(1)(b) (b) Any other credit union which is qualified to do business in this state and has obtained the written consent of a credit union that has its home office in this state and is making use of the terminal;
DFI-CU 63.04(1)(c) (c) Any savings and loan association which is qualified to do business in this state and has obtained the written consent of a savings and loan association that has its home office in this state and is making use of the terminal; and
DFI-CU 63.04(1)(d) (d) Any other bank which is qualified to do business in this state and has obtained the written approval of a bank that has its home office in this state and is making use of the terminal.
DFI-CU 63.04(2) (2)Exceptions. The temporary limitation of access to a remote terminal to designated customers of designated financial institutions for reasonable test periods determined by the director will not be deemed in violation of this section if approved by the director in writing. The director may approve such limitations if:
DFI-CU 63.04(2)(a) (a) The director considers it necessary or desirable to permit restricted operation during periods of testing or experimentation; or,
DFI-CU 63.04(2)(b) (b) The director determines that the accommodation of additional users is beyond the capacity of existing equipment and a good faith effort is being made to accommodate them within a reasonable period of time determined by the director.
DFI-CU 63.04 History History: Cr. Register, March, 1978, No. 267, eff. 4-1-78.
DFI-CU 63.05 DFI-CU 63.05 Discriminatory rates or services prohibited. A remote terminal will not be deemed available for use on a nondiscriminatory basis unless:
DFI-CU 63.05(1) (1)User fees. The fees charged to a financial institution for the use of the terminal by the institution or its customers are equitably apportioned and reasonably reflect the cost of the services actually provided to the institution or customer. Such fees may provide for the amortization of development costs and capital expenditures over a reasonable period of time.
DFI-CU 63.05(2) (2)Customer services. Each financial institution making use of the terminal may permit its customers to make use of all of the functions performed by the terminal at each location of the terminal or only those functions and locations that such institution elects to make available to its customers.
DFI-CU 63.05(3) (3)Technical information and specifications. Each supplier provides at reasonable cost such technical information and specifications as may be necessary to enable a financial institution that is eligible to use the terminal, or any data processor serving the accounts of such an institution, to obtain interface with the terminal.
DFI-CU 63.05(4) (4)Other requirements. No financial institution eligible to use the terminal is required to purchase from any supplier any goods, equipment or services not reasonably necessary to complete a transaction through the terminal.
DFI-CU 63.05 History History: Cr. Register, March, 1978, No. 267, eff. 4-1-78.
DFI-CU 63.06 DFI-CU 63.06Confidentiality and security requirements. No credit union may directly or indirectly acquire, place or operate a remote terminal, and no credit union may participate in the acquisition, placement or operation of a remote terminal, unless precautions acceptable to the director are provided to:
DFI-CU 63.06(1) (1)Precautions against unauthorized access. Prevent unauthorized access to, or use of, the terminal.
DFI-CU 63.06(2) (2)Precautions to assure confidentiality. Prevent information regarding a transaction conducted through the terminal from being disclosed to any person other than:
DFI-CU 63.06(2)(a) (a) The customer making the transaction;
DFI-CU 63.06(2)(b) (b) Any other person who is a party to the transaction or is necessary to effect the transaction, but only to the extent that the information disclosed is necessary to effect the transaction; or
DFI-CU 63.06(2)(c) (c) Those persons lawfully authorized to have access to the records of the credit union or of parties to the transaction.
DFI-CU 63.06(3) (3)Unsolicited access to remote terminals prohibited. Ensure that the plastic card or other means providing its customers access to the terminal is issued only:
DFI-CU 63.06(3)(a) (a) In response to a request or application therefore; or
DFI-CU 63.06(3)(b) (b) As a renewal of, or in substitution for an accepted card or other means of access, whether issued by the initial issuer or a successor.
DFI-CU 63.06 History History: Cr. Register, March, 1978, No. 267, eff. 4-1-78.
DFI-CU 63.07 DFI-CU 63.07 Allocation of liability.
DFI-CU 63.07(1) (1) Between credit union and third parties. Each activity authorized under s. 186.113 (15), Stats., shall be conducted in accordance with a written agreement between the credit union and any participating merchant, service center, data processor or other third party, setting out the manner in which liability from errors, malfunctions or the unauthorized use of a remote terminal will be allocated between the parties.
DFI-CU 63.07(2) (2)Limited customer liability for unauthorized use.
DFI-CU 63.07(2)(a)(a) The liability of a customer of a credit union for the unauthorized use of a plastic card or other access device to a remote terminal shall be determined as follows:
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