News

Fee placard settlement pays $100 each to Indy ATM users

July 18, 2012

Fans of the minor league Indianapolis Indians may have what amounts to a free night at the ballpark coming to them if they used the Victory Field ATMs between July 2010 and May 2011.

A report at IndyStar.com said that, as the result of a settlement in a fee placard lawsuit filed by a Texas attorney who specializes in such cases, every person who used the ATM during the defined period is entitled to a $100 payment.

The attorney, Eric Calhoun, and his plaintiff, Zachary Couch of Indianapolis, took the Indians to federal court last year for an alleged violation of Regulation E of the Electronic Fund Transfer Act. The suit claimed that the ballpark failed to post a physical disclosure about a $2 fee charged for use of the ATM.

According to the IndyStar article, the team and ATM operator IMS Quickcash settled the case last month for $35,000, plus $50,000 in attorney's fees. As lead plaintiff in the case, Couch will collect $2,500.

To collect their $100 payout, others covered by the class action suit will have to produce a bank statement or withdrawal receipt proving that they made a withdrawal from one of the machines.

For more on this topic, visit the regulatory issues research center.