News & Analysis as of

Class Action ATMs

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Husch Blackwell LLP

Federal Court Allows Class Action on Deposit Account Fees to Proceed

Husch Blackwell LLP on

A New York federal court has largely denied a state credit union’s motion to dismiss a class action lawsuit regarding non-sufficient funds (NSF) fees, overdraft fees, and out-of-network ATM fees. See Fairchild-Cathey v....more

Orrick, Herrington & Sutcliffe LLP

District Court grants $11.9 million settlement in ATM fees suit

In December, the U.S. District Court for the District of New Jersey granted preliminary approval of a $11.9 million settlement in a class action suit resolving allegations pertaining to a defendant national bank’s...more

Manatt, Phelps & Phillips, LLP

Network Rules Occupy Second Circuit, U.S. Supreme Court

Issues surrounding network rules made headlines recently, with the Second Circuit Court of Appeals rejecting a $7.25 billion deal between Visa and MasterCard and approximately 12 million merchants claiming the networks worked...more

Carlton Fields

Third Circuit Slams The Door On Coverage For The Cost of Defending Excluded Claims—Then Leaves It Wide Open

Carlton Fields on

An insured corporation settles a class action, and a portion of the settlement pays the plaintiffs’ attorneys. Payments to the class are excluded from coverage under the terms of the corporation’s liability policy. But can...more

Carlton Fields

Fifth Circuit Affirms Certification of Electronic Funds Transfer Act Class

Carlton Fields on

In a case similar to its late-2014 decision in Mabary v. Home Town Bank, N.A., 771 F.3d 820 (5th Cir. 2014), the Fifth Circuit recently affirmed certification of a class of consumers who were charged a fee for using an...more

BakerHostetler

Seventh Circuit Says “Smallness” Is Not a Bar to Class Certification

BakerHostetler on

In what it describes as an effort to advance the law of class certification, the Seventh Circuit last week issued a decision, written by Judge Posner, that many would say does just the opposite. ...more

Goodwin

Seventh Circuit Reverses Decertification of Class in ATM Fee Suit

Goodwin on

The United States Court of Appeals for the Seventh Circuit reversed a lower court’s decertification of a class alleging violations of the Electronic Fund Transfer Act. Plaintiffs filed a class action alleging that defendants,...more

Butler Snow LLP

ATM Accessibility Class Actions Make Their Way to Middle Tennessee

Butler Snow LLP on

On August 5, 2013, seven class action lawsuits were simultaneously filed against separate banks and credit unions in Middle Tennessee, alleging that the defendants’ ATMs failed to comply with the Americans with Disabilities...more

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