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Citizens Bank & PNC Bank Hit with ATM Fee Class Action Lawsuits

By Matt O’Donnell

 

ATM fee lawsuitCitizens Bank and PNC Bank have each been hit with a class action lawsuit accusing them of charging ATM fees without providing proper advance notice of the charges.

According to the class action lawsuits, these ATM fees violate the Electronic Fund Transfer Act (EFTA), which requires that ATM machines have a posted notice of fees in a “prominent and conspicuous location on or at the machine.” The EFTA also requires that this notice be given before the consumer reaches a point that they cannot cancel the transaction.

The lead plaintiff in the Citizens Bank ATM fee class action lawsuit, Osmani Alicea, claims he was charged a $3 fee at a Citizens Bank ATM in Pennsylvania that displayed a notice of fees in small print on a label near the floor and under a protruding piece of the machine.

Alicea says it was “virtually impossible to read the notice without getting on one’s knees,” according to the class action lawsuit.

Plaintiff Kurt Huckabee makes similar claims in the PNC Bank ATM fee class action lawsuit, saying the notice of fees on the machine he used was barely visible when viewed from straight ahead because it was located inside the hood protecting the screen. Huckabee was allegedly charged a $2 ATM fee, according to his class action lawsuit.

Both class action lawsuits are seeking to represent consumers that are not banking customers of the respective banks and were charged any fee at any ATMs operated by Citizens Bank or PNC Bank that did not provide an adequate notice of fees.

The Citizens Bank ATM Fee Class Action Lawsuit case is Alicea v. Citizens Bank of Pennsylvania, Case No. 12-cv-01750, U.S. District Court for the Western District of Pennsylvania.

The PNC Bank ATM Fee Class Action Lawsuit case is Huckabee v. PNC Bank NA, case number 12-cv-01754, U.S. District Court for the Western District of Pennsylvania.

 

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Updated December 5th, 2012

 

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