ATM operator sued for not posting notice of surcharges

By Michelle Keahey, East Texas Bureau | Feb 6, 2012

SHERMAN - A class action has been filed against a Lewisville ATM operator for not posting a notice of a $1.75 surcharge fee.

Claiming violations of the Electronic Funds Transfer Act, Larry N. Harvey, individually and on behalf of all others similarly situated, filed a class action against Arun M. Desai, doing business as Convenience Plus P.M., on Feb. 2 in the Eastern District of Texas, Sherman Division.

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

Harvey states he was charged a $1.75 fee to withdraw money from the ATM located on Edmonds Lane in Lewisville. He claims that the ATM did not have a sign affixed to it or in close proximity of it that told consumers about resulting ATM surcharges.

Harvey is asking to be the representative of a class of similarly situated people, which were assessed a fee for withdrawing cash from any Convenience Plus ATM for the previous year.

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

Harvey is represented by Eric G. Calhoun of Travis & Calhoun PC in Dallas.

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

Case No. 4:12-cv-00055

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