Two Michigan retirees are continuing to assault the federal courts with suits claiming lack of proper ATM disclosures, filing three more suits in New Mexico last week – all on the same day.
The elderly couple has been driving around the country with camera in hand to record those institutions they assert are violating the Electronic Funds Transfer Act by neglecting to post notices that non-members will be assessed a surcharge for withdrawing cash.
Deployers often apply stickers to machines to provide notice.
In the latest suit, Nancy Kinder, of Fowlerville, Mich., said she used a FirstLight Federal Credit Union ATM in Las Cruces, N.M., on March 6 and paid a $2 surcharge even thought no notice “on or at” the ATM warned of the fee. She filed identical suits the same day against two other institutions.
Kinder and her colleague, Ray Harrison, made similar claims in at least three dozen suits they filed over the past 18 months.
All of the suits seek class action status and reimbursement and damages on behalf of any non-customers who paid surcharges while using the cash machines. Violations of the EFTA could result in fines of up to $500,000.
At least one bank, Independent Bank of Ionia, Mich., settled a lawsuit for $350,000 involving more than 40 ATMs deployed throughout the state.
