Class action filed against Wal-Mart for no notice of ATM fees

Michelle Massey, East Texas Bureau Sep. 23, 2010, 6:00am

SHERMAN-A Missouri resident is suing Wal-Mart after the store's ATM charged him a fee in connection with his transaction.

Alleging violations of the Electronic Fund Transfer Act, Donald C. Thomas, individually and on behalf of all other similarly situated, filed suit against Wal-Mart Stores Inc. on Sept. 15 in the Eastern District of Texas, Sherman Division.

Thomas states on July 25 he made an electronic fund transfer at an ATM operated by Wal-Mart in Plano. He was charged a fee of $1.50 in connection with the transaction. Thomas states there was no notice posted regarding the fee.

The lawsuit claims other ATMs owned by Wal-Mart are in violation, including ATMs located in Mansfield, Fort Worth, Houston, Pearland and Galveston.

The proposed class will contain all individuals who were charged a terminal fee at ATMs operated by Wal-Mart that had no notice indicating that a fee would be charged.

The plaintiff is seeking class certification, an award of statutory damages, court costs and attorney's fees.

The proposed class is represented by Emil Lippe, Jr. of Lippe & Associates in Dallas and R. Bruce Carlson of Carlson Lynch Ltd. of Sewickley, Pennsylvania.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:10-cv-00472

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