Using an ATM is an easy way for consumers to get cash. Now certain plaintiffs’ lawyers have discovered that suing ATM operators is an easy way for them to get money, too. In just the past few years, we’ve seen scores of class action lawsuits filed around the country against banks, convenience stores, gas stations, and other operators of ATMs.

Typically, the plaintiffs in these suits allege that an ATM operator has violated the Electronic Funds Transfer Act by failing to post a fee notice “in a prominent and conspicuous location on or at the automated teller machine.” It is not enough simply to include a fee notice that appears on the ATM screen. These suits focus on the FDIC’s Regulation E, which calls for a notice of fees “on the machine.” Many of these cases are being filed by “professional plaintiffs” who drive from ATM to ATM in search of machines that are missing the required fee sticker. Sometimes, even though the sticker was originally placed on the ATM by the operator, it was later removed by unknown third parties.We will also discuss what proactive steps can be taken to make ATM operators less susceptible to this type of litigation.

topics

In this webinar, Ballard Spahr partners Alan Kaplinsky and Burt Rublin will discuss:

  • How to defend and defeat ATM class actions 
  • Significant court rulings in this burgeoning area
  • Efforts now under way to amend Regulation E to eliminate the fee-sticker requirement 
  • Prophylactic steps to avoid being a target
  • Possible use of arbitration provisions on ATM screen prints

program

12:00 PM - 12:45 PM ET | Webinar

panelists

Alan S. Kaplinsky, Practice Leader, Consumer Financial Services Group
Burt M. Rublin, Partner, Consumer Financial Services Group