A class action has been filed against a New Orleans business for failing to post notice of that there is a fee for withdrawing money from its ATM.
Claiming violations of the Electronic Funds Transfer Act, Timothy Foley, individually and on behalf of all others similarly situated, filed suit against Laser Amusement on May 24 in federal court in New Orleans.
The Electronic Funds Transfer Act requires that ATM machines must have a posted noticed attached on or at the machine informing consumers of the imposition of an ATM surcharge.
Foley states he was charged a $3 fee to withdraw money from the ATM located at Liuzza's By The Track on 1518 North Lopez on March 29, 2011.
The plaintiff is asking for an award of actual and statutory damages, attorney's fees, court costs and disgorgement of all revenue.
Foley is represented Metairie attorney by Bruce C. Betzer. A jury trial is requested.
U.S. District Judge Eldon E. Fallon is assigned to the case.
Case No. 2:11-cv-01223