Mealey's Litigation Procedure - Federal Judge Certifies Class Of Consumers In ATM Fees Action

ST. PAUL, Minn. - A federal judge in Minnesota on June 10 certified a class of plaintiffs in a suit in which an ATM operator is alleged to have violated the Electronic Fund Transfer Act (EFTA) by not placing a prominent fee notice on its machine and denied the operator's motion to dismiss, finding that the preamendment version of the EFTA applies to the plaintiffs' claim (Margaret Gawarecki, et al. v. ATM Network Inc., No. 11-1923, D. Minn.; 2014 U.S. Dist. LEXIS 78735).

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