Class action filed over ATM surcharge violations

Michelle Massey, East Texas Bureau Apr. 15, 2010, 3:48am

SHERMAN-A Collin County resident believes he was improperly charged fees for withdrawing money from two automated teller machines. Donald Thomas said the charges violate federal rules because there was not posted or electronic notice of the fee.

Thomas filed a class action, on behalf of himself and others similarly situated, against Dave & Busters Inc. on April 13 in the Sherman Division of the Eastern District of Texas.

"Defendant failed to post on or at the Dave & Busters ATMs a notice that a fee will be imposed for withdrawing cash or for a balance inquiry, resulting in Defendant's improper imposition of a fee to users of the Dave & Busters ATM," the court documents state.

The lawsuit alleges that Dave & Busters Inc. are 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.

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. Thomas is asking the court to issue a permanent injunction to prevent Dave & Busters from continuing to violate the EFTA.

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 4:10cv00187

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