Citizens Bank and PNC Bank Sued in Class Action Lawsuit over ATM Fees
Two recent class action lawsuits have been brought against Citizens Bank and PNC Bank, asserting that the banks charge ATM fees unlawfully without proper notice in advance of the charges.
The Electronic Fund Transfer Act (EFTA) requires that ATM machines post a notice of fees in a “prominent and conspicuous location on or at the machine.” The notice must be given before the consumer reaches a point that they cannot cancel the transaction.
Both lawsuits filed in Pennsylvania federal court claim that the notice of fees was hidden from consumers in violation of EFTA. Kurt Huckabee, the lead plaintiff against PNC, alleges that the notice was located inside the hood protecting the screen and barely visible when looking straight ahead at the machine. Osmani Alicea, the lead plaintiff against Citizens Bank, asserts that the notice at a Citizens Bank ATM in Pennsylvania was in small print on a label near the floor and under a protruding piece of the machine. According to the complaint, Alicea said it was “virtually impossible to read the notice without getting on one’s knees.”
Each case is brought on behalf of non-customers of the respective banks who were charged ATM fees without proper notice.
If you feel you have been the victim of improper ATM fees, please contact Khorrami, LLP for a private consultation.