DETROIT – A federal judge last week gave preliminary approval to a class action suit claiming AAC Community CU failed to disclose the fees charged to non-member users of its ATM, an action brought by a prolific local retiree who has traveled the country to file such suits under the Electronic Funds Transfer Act, or EFTA.
The judge’s order comes as Nancy Kinder filed two more EFTA suits, against Georgia banks Bryan Bank & Trust and Southeastern Bank, the 36th and 37th such suits she has initiated. Kinder and her boyfriend, Ray Harrison, have filed more than 50 EFTA suits in 15 states, half of them naming Michigan credit unions and banks.
Last week’s order in the AAC Community case clears the way for Kinder and her lawyers to get verification from the 1,155 non-members who withdrew cash from the ATM in question during the class period, April 26, 2010, to April 25, 2011. Each of the users will be entitled up to $250 if they can verify they used the ATM during that period. Class members will have 60 days to submit their claims.
Kinder will receive $1,000 as class representative and her favorite charity, Karmanos Cancer Center, will receive a $7,000 contribution.
The Grand Rapids credit union has agreed to set aside $46,000 to settle the suit and will reclaim any funds not paid to verified claimants.
Kinder has filed ATM suits against Michigan Schools and Government CU, Jackson Community FCU, Northwood CU, White Sands FCU, Chino FCU, FirstLight FCU and Sunrise Family CU, and two West Virginia credit unions, Mountain Heritage FCU and Ravenswood FCU.
