News

Arkansas bank beats EFTA suit

November 12, 2013

A lawsuit against Arkansas-based Union Bank & Trust of Monticello over a missing ATM fee placard was dismissed by a U.S. District Court last week. 

The case brought by serial plaintiff Don Anderson, a New York resident, was dismissed by Judge Brian Miller with prejudice. The plaintiff had requested a dismissal without prejudice, which would have allowed him to refile the suit within a year.

According to Arkansas Business, Anderson has filed nearly 50 lawsuits alleging EFTA non-compliance by ATM deployers. In the Monticello case, Anderson alleged that, while the ATM did present a fee notice on its screen, the FI failed to post a physical notice of its fee of 40 cents.

A judge's order in July said that Anderson had not suffered damages as a result of the missing placard.

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