Charvat v. Mutual First Fed. Credit Union

Plaintiff filed putative class actions under the Electronic Fund Transfer Act (EFTA), 15 U.S.C. 1693, alleging that Mutual First and First National violated the Act because defendants' ATM machines did not have "on machine" notice of a transaction fee. The district court dismissed for lack of standing. The court concluded, however, that plaintiff's claim of statutory damages was sufficiently related to his injury to confer standing where defendants did not provide him with the required "on machine" notice and then charged him a prohibited fee following an ATM transaction that he initiated and completed. Further, plaintiff's injury was fairly traceable to defendants' conduct where, if defendants had not violated the Act's notice requirement, plaintiff would not have been forced to choose between engaging in a transaction without the required notice and walking away. Accordingly, the court reversed and remanded for further proceedings. View "Charvat v. Mutual First Fed. Credit Union" on Justia Law