If you were charged a fee to use an Automated Teller Machine or ATM and the ATM did not provide notice that a fee would be imposed and the amount of the fee, contact a class action lawyer!
A team of class action attorneys has launched an investigation into automatic teller machine ATM fee notice and disclosure practices of various banks and ATM automatic teller machine operators throughout the nation.
Potential violations of federal and/or state law being investigated include the failure of ATM operators who charge consumers a fee for electronic fund transfer services or balance inquiries to provide consumers with required notices that an ATM fee will be imposed for such services and a disclosure of the amount of the ATM fees.
Under the federal Electronic Funds Transfer Act, 15 U.S.C § 1693, et seq., and its implementing regulations 12 C.F.R. Part 205 (collectively the “EFTA”), operators of ATMs who charge consumers an ATM fee for electronic fund transfer services or balance inquiries must provide notice in two places pertaining to the fee that the ATM operator intends to collect: (1) on the machine; and (2) on screen or on paper.
ATM operators are required to post a sign on or at the ATM machine in a prominent and conspicuous location that discloses that a fee will or may be imposed for the ATM transaction. ATM operators are also required to provide a notice on the ATM screen, or on a paper notice issued from the ATM machine before the consumer is committed to completing the transaction, that a fee will be imposed for the ATM transaction and the correct amount of the fee.
The EFTA provides that an ATM operator may be liable to a consumer for actual damages (e.g., the amount of the transaction fee) and statutory damages of up to $1,000 for failing to provide the required ATM notices to consumers.
If you were charged a transaction fee for the use of an automated teller machine or ATM and it did not have a sign posted on it disclosing that an ATM fee will or may be imposed and/or it did not disclose on its screen or on a paper notice issued from the ATM before the transaction was completed that a fee will be imposed for the transaction and the correct amount of the ATM fee, you may be entitled to recover money.
Fill out the form on the right for a free