Denton bank sued for not displaying notice of ATM fees

Michelle Keahey, East Texas Bureau Sep. 26, 2011, 3:15pm

SHERMAN - A Collin County resident has filed a lawsuit against a Denton bank for not displaying notice of its ATM fees.

Frank Bonarrigo filed suit against Northstar Bank of Texas on Sept. 22 in the Eastern District of Texas, Sherman Division.

Bonarrigo states that he is not a regular customer of the defendant's and that there was no external fee notice at or near the ATM. The machine charged Bonarrigo $2 for the transaction.

The defendant is accused of violating the Electronic Fund Transfer Act by failing to provide notice of the fee.

The plaintiff is asking for an award of $4,500 in statutory damages and attorney's fees at a rate of $350 per hour, plus court costs.

A jury trial is requested.

Bonarrigo is represented by Dave Lilley of Alex Simanovsky & Associates in Wichita Falls.

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

Case No. 4:11-cv-00611

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