Consumer files second lawsuit over lack of fee notices at ATM

Michelle Massey, East Texas Bureau Feb. 15, 2011, 9:10am

TYLER - In her second lawsuit, an East Texas woman is accusing a bank of not abiding by federal statutes regarding posting fee notice signs on automated teller machines.

Claiming violations of the Electronic Fund Transfer Act, Julie Rushton, individually and on behalf of all others similarly situated, filed suit against Citizens State Bank on Feb. 7 in the Eastern District of Texas, Tyler 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 May 2010, Rushton states she was assessed a $2 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.

As the Southeast Texas Record reported, Rushton filed an identical lawsuit against First National Bank in Cooper on Jan. 27 in the Eastern District of Texas, Sherman Division.

Rushton is represented by Eric G. Calhoun of Travis, Calhoun & Conlon in Dallas. A jury trial is requested.

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

Case No. 6:11-cv-00060

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