Liberty Financial facing class action for not posting ATM surcharges

Michelle Massey Mar. 10, 2011, 1:00pm

A New Orleans bank is facing a lawsuit that accuses it of violating federal regulations by failing to place fee notices signs on 13 of its ATM machines.

Claiming violations of the Electronic Fund Transfer Act, Robert Landry, individually and on behalf of all others similarly situated, filed suit against Liberty Financial Services d/b/a Liberty Bank & Trust Co. on Feb. 38 in federal court in New Orleans.

According to the complaint, the bank has failed to post a notice that it will impose a fee on consumers who withdrawal cash from its ATM. In February 2011, Robert Landry attempted to use one of the defendant's automated teller machine and was charged $2.50 to withdraw money. He claims there was no fee notice posted.

On behalf of the proposed class, the plaintiff is seeking an award of actual and statutory damages, court costs and attorney's fees.

Rushton is represented by Metairie attorney Bruce C. Betzer. A jury trial is requested.

U.S. District Judge Lance M. Africk is assigned to the case.

Case No. 2:11-cv-00481

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