Bank sued for not posting notice of ATM fees

Michelle Massey, East Texas Bureau Feb. 3, 2011, 5:18am

SHERMAN - In a recently filed federal lawsuit, an East Texas bank is being accused of violating federal regulations by not posting a fee notice sign on its ATM machines.

Claiming violations of the Electronic Fund Transfer Act, Julie Rushton, individually and on behalf of all others similarly situated, filed suit against First National Bank in Cooper on Jan. 27 in the Eastern District of Texas, Sherman Division.

The Electronic Fund Transfer Act was enacted to protect consumers engaging in electronic fund transfers and requires that ATM machines must have a posted noticed attached on or at the machine informing consumers of the imposition of an ATM surcharge.

According to the allegations, the bank has failed to post a notice that it will impose a fee on consumers who withdrawal cash from its ATM. In June 2010, Rushton states she was assessed a $3 surcharge fee for withdrawing cash from the machine.

The lawsuit will represent consumers who initiated an electronic funds transfer at the defendant's ATM and were assessed a fee for withdrawing cash within the past year.

On behalf of the proposed class, the plaintiff is seeking an award of statutory damages, court costs and attorney's fees.

Rushton is represented by Eric Calhoun of Travis, Calhoun & Conlon in Dallas.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 4:11-cv-00038

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