Federal Courts have seen a rash of recent class actions targeting ATM operators. Generally, these new class actions assert, among other claims, that ATM operators have failed to comply with the notice requirements of the Electronic Funds Transfer Act (“EFTA”). Under EFTA, an ATM operator means any person who (1) operates an automated teller machine at which consumers initiate electronic fund transfers; and (2) is not the financial institution that holds the account of such consumer from which the transfer is made.

Pursuant to EFTA, ATM operators must notify consumers of any fees that will be incurred as a result of an electronic funds transfer, in addition to the amount of the fee imposed for the particular service. Moreover, the fee notice required by EFTA must be provided to the consumer in two ways...