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EFTA still bites
July 15, 2013
Even a dead snake can bite. The same is true with "dead" regulations.
Though the federal government's EFTA placard requirement was stricken in December, plaintiffs who filed their lawsuits before the new legislation was signed by the president will still get their day in court.
Case in point: Indianapolis Business Journal reported that a popular bar in Bloomington, Ind., faces an October trial in a class-action suit from 2011.
The violation dates to 2010, when a University of Indiana student said he was charged $1.50 for a transaction he made at the ATM in Nick's English Hut.
A federal judge ruled earlier this year that the fee sticker was missing and that the case can proceed. The trial will seek to establish the duration of the ATM's non-compliance with EFTA.
The plaintiff is represented by the same Dallas attorney who, almost exactly a year ago, brought a successful fee placard suit against the Indianapolis Indians, a minor league baseball club, and its ATM operator IMS Quickcash.
The defendants settled the case for $35,000, plus $50,000 in attorney's fees. The lead plaintiff collected $2,500.
Read more about regulatory issues.
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