News

Global Cash Access named in serial plaintiffs' fee placard suits

July 10, 2012

Last week, complainants filed three fee placard-related lawsuits in U.S. District Court involving Las Vegas-based casino ATM operator Global Cash Access Inc.

The suits, which seek class action status, involved ATMs at the Las Vegas Planet Hollywood hotel-casino, said a report at vegasinc.com. Plaintiffs said they used three ATMs at the hotel to withdraw cash, and were charged a $4.99 fee each time. Their suit alleges that physical notices were not posted at the machines, placing them in violation the Electronic Funds Transfer Act.

Attorneys Joseph Gutierrez in Las Vegas and Mark Golovach in San Diego filed the actions on behalf of Steve and Sandra Klemetson and Damon Terrell, of Riverside County, Calif.

Terrell is a plaintiff in seven other fee placard suits — all filed in California by Golovach. Two of those suits also involve Global Cash Access.

Gutierrez and Golovach have also filed two lawsuits on behalf of Steve Klemetson against the Golden Nugget Laughlin in Nevada and its ATM operators, again alleging fee placard violations, vegasinc reported.

Golden Nugget is fighting those suits, claiming that Klemetson lacks standing because his sole purpose in using the ATMs was to bring lawsuits.

''Plaintiff initiated the alleged ATM transaction with actual knowledge that a fee would be charged and engaged in the transaction for the non-consumer purpose of creating a class action claim for statutory penalties and attorney’s fees,'' said May 24 court filings by an attorney representing the Golden Nugget.

According to vegasinc, Global Cash Access released a statement saying that the company intended to "vigorously defend" the new lawsuits.

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