ILNews

ATM fee notice change likely

IL Staff
December 17, 2012
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A requirement that automated teller machines post notices on or near the machine will be repealed under a bill Congress has sent to President Barack Obama.

The proposed amendment to the Electronic Funds Transfer Act has been a boon for some plaintiff attorneys who filed lawsuits against ATM providers where the notices weren’t posted, said Ice Miller partner Bart Murphy. ATM providers still are required to disclose fees onscreen and gain a user’s consent before the fees can be assessed, Murphy said.

The proposed change “means for both financial institutions and retailers that are operating ATMs that they no longer have to deal with potential class actions for what’s essentially a meaningless offense,” Murphy said. The posted notice provision is “a technical requirement that’s outlived its usefulness,” he said.

Ice Miller has represented financial institutions and retailers who have faced class-action suits filed when someone has used an ATM where the posted notice was missing or had been removed from the machine, Murphy said. He noted that one Chicago-area plaintiffs’ class action firm had collected more than $1 million in attorney fees from filing such cases.

The American Bankers Association, the National Association of Convenience Stores and other national organizations have lobbied for the proposed change to the Electronic Fund Transfer Act and its implementing rule, Regulation E (12 CFR 205.16), which require that all ATMs must have two notices of a usage fee – one on-screen, and one attached to or near the ATM.

 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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