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New York man suing Texas credit union over ATM surcharge sticker

January 2, 2012

The Southeast Texas Record yesterday reported that a man from New York has filed a lawsuit against a bank in Orange, Texas, claiming that the bank failed to display an ATM surcharge fee notice.

Don Anderson says that he performed an ATM transaction at a Firestone Community Federal Credit Union ATM on Dec. 13 and was charged a $2 fee without being informed of the charge beforehand.

The credit union is accused of violating Regulation E of the Electronic Fund Transfer Act, which requires fee notices onscreen and on the exterior of the machine.

Anderson is asking the court to award him monetary damages. He is represented by W. David Carter of Mercy Carter Tidwell in Texarkana. U.S. District Judge Ron Clark is presiding over the case.

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

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