Liquor store sued for not posting ATM fee notice

Michelle Keahey, East Texas Bureau Feb. 27, 2012, 9:45am

SHERMAN - A Dallas County man has filed a lawsuit against an East Texas liquor store for failing to post fee notices on its ATM.

Larry N. Harvey, individually and on behalf of all others similarly situated, filed suit against North Atlantic Trading Inc., doing business as Beer Barn, on Feb. 20 in the Eastern District of Texas, Sherman Division.

Harvey states that the defendant violated the Electronic Fund Transfer Act by not posting a fee notice at the Beer Barn ATM, located at Hundley Drive, Lake Dallas.

According to the lawsuit, he used the ATM in November 2011 to withdrawal cash and was charged a $1.75 ATM surcharge

The lawsuit will represented all consumers who, within the prior year, initiated an electronic funds transfer at the Beer Barn ATM and were assessed a fee for withdrawing cash.

On behalf of the class, Harvey is asking the court for an award of statutory damages, court costs, and attorney's fees.

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

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

Case No. 4:12-cv-00099

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