Plano man files class action over ATM surcharges

Michelle Massey, East Texas Bureau Mar. 11, 2010, 2:23am

SHERMAN -- A Dallas County man claims he was charged a $1.50 transaction fee when he withdrew money from an automated teller machine in Plano, despite the fact that he was not notified of the surcharge.

He claims the same thing happened at another ATM in Plano but this time was charged a $3 fee.

To recover the charges, Frederick Schleusener filed a class action on behalf of himself, and others similarly situated, against Viewpoint Bank on March 2, in the Sherman Division of the Eastern District of Texas.

The lawsuit alleges that Viewpoint Bank is violating the Electronic Fund Transfer Act, which states banks must provide a screen or paper notice that a fee will be charged for electronic fund transfers services or balance inquiries.

"Defendant's failure to post the required notice on or at the Viewpoint Bank ATMs has resulted in frequent and persistent non-compliance with the EFTA," the complaint states. "Said violations of the EFTA have adversely affected hundreds or thousands of consumers."

The plaintiff is asking the judge to award statutory damages and a disgorgement of all monies from the electronic fund transfers that violated the law. Schelusener wants the court to issue a permanent injunction to prevent Viewpoint Bank from continuing to violate the Electronic Fund Transfer Act.

Dallas attorneys Eric G. Calhoun and Richard J. Pradarits Jr. of Travis and Calhoun PC is representing the plaintiff.

U.S. District Judge Michael H. Schneider will preside over the litigation.

Case No 4:10cv00087

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