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A requirement that automated teller machines post notices on or near the machine will be repealed under a bill Congress has sent to President Barack Obama.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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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