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A requirement that automated teller machines post notices on or near the machine will be repealed under a bill Congress has sent to President Barack Obama.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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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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