SE Texas Record

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Neiman-Marcus sued for not posting fee notice on ATM

By Michelle Keahey, East Texas Bureau | Dec 13, 2011

SHERMAN - A Texas woman has filed a class action lawsuit against Neiman-Marcus after she was charged a $1.50 terminal fee at their ATM.

Marilyn Frey, individually and on behalf of all others similarly situated, filed suit against The Neiman-Marcus Group Inc. on Dec. 7 in the Eastern District of Texas, Sherman Division.

On Oct. 11, Frey made a withdrawal at an ATM operated by the defendant in Plano and was charged a "terminal fee" of $1.50 in connection with the transaction.

Frey argues that the charge was in violation of the Electronic Fund Transfer Act, which requires a notice posted on or at the ATM regarding the fee that would be charged for use.

The plaintiff is seeking an award of damages, court costs, and attorney's fees. A jury trial is requested.

Emil Lippe Jr. of Lippe & Associates in Dallas and R. Bruce Carlson of Carlson Lynch Ltd. of Sewickley, Penn., are representing Frey.

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

Case No. 4:11-cv-00802

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