New Yorker files class action lawsuit against New Orleans bank over ATM charges

Michelle Keahey Oct. 1, 2012, 3:53am


NEW ORLEANS - A New York resident has filed a class action lawsuit against a New Orleans bank that claims the bank did not provide proper notice of fees associated with its ATM charges.

Claiming violations of the Electronic Fund Transfer Act, Don Anderson, individually and on behalf of all others similarly situated, filed suit against First National Bank USA on Sept. 12 in federal court in New Orleans.

Anderson claims he made an electronic fund transfer at defendant's ATM located at 13386 Highway 90 West, Boutte, Louisiana and was charged a $3.50 charged in connection with the transaction.

According to the lawsuit, there was no notice apprising consumers that a fee would be charged for use of the ATM.

"Because Defendant did not post the required notice, it was not permitted to charge a usage fee to Plaintiff and other class members," the lawsuit states.

The lawsuit will represent all persons who during the preceding year were charged a "terminal fee" at ATMs operated by Defendant when such persons made an electronic fund transfer or balance inquiry and no notice indicated that a fee was to be charged was posted on the outside of the ATM machine.

The plaintiff is seeking an award of statutory damages, attorney's fees, and court costs.

Anderson is represented by Trey Morris of Simmons, Morris & Carroll in Shreveport and W. David Carter of Mercy Carter Tidwell, L.L.P. in Texarkana. A jury trial is requested.

U.S. District Judge Eldon E. Fallon is assigned to the case.

Case No. 2:12-cv-02259

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