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ATM firm agrees to change its disclosure practices following state investigation

Merrimak ATM Group LLC has agreed to pay $50,000 to the Commonwealth to settle allegations that it failed to post fee disclosure notices on some of the ATMs it operates in the Bay State, the office of Massachusetts Attorney General Martha Coakley said Monday.

Merrimak, which is described as a nonbank ATM provider with its principal place of business in California, also agreed to change its disclosure practices, following a joint investigation by Coakley’s office and the state Division of Banks.

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Merrimak operates hundreds of ATMs in Massachusetts, many of them at convenience stores and parking garages. The investigation was triggered by a consumer complaint.

State investigators examined Merrimak’s disclosure notices at dozens of the company’s ATMs, Coakley’s office said.

Merrimak agreed to make changes in its Massachusetts disclosure practices in an “assurance of discontinuance,” or AOD, that was filed Monday in Suffolk Superior Court.

“Merrimak enters into this AOD for settlement purposes only and neither admits nor denies the . . . allegations,” the document said.

“It is important that consumers be given appropriate disclosure to allow them to make informed decisions regarding­ their automated banking transactions,” the state’s commissioner of banks, David J. Cotney, said in a statement.

Chris Reidy can be reached at
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