ATM Fee Fraud

ATM Fee Fraud

Q: Did you withdraw money from an ATM recently?

Q: Did the ATM charge you a fee?

Q: Did the ATM notify you of the fee by posting a written notice on the outside of the machine AND an on-screen notice advising you of the fee that you would be charged?

If the answer to the last question is “no”, you may have a claim against the bank or financial institution that owns the ATM for violation of the Electronic Funds Transfer Act (EFTA), which would allow you to recover the cost of the transaction fees (usually $3 to $6); statutory damages of $100 to $1,000 for each violation; and, attorneys’ fees. What this last part means is that you would be entitled to financial compensation—at no cost (no legal fees)—because your attorneys’ fees would be paid not by you, but by the bank or financial institution.

Next steps:

1. Keep your ATM receipt; and,
2. Take date stamped pictures of the ATM machine that show that the bank or financial institution did not prominently display a written notice alerting you of the fee you would be charged; and,
3. Note the exact location of the ATM machine; and,
4. Determine who the operator of the ATM machine is (if possible) by looking for name, address or other information.

If you believe you were charged an ATM fee without being provided with proper notice, as described above, we can help you fight back! To learn more about your consumer rights and the EFTA, contact the Law Offices of Matthew W. Kiverts for a free consultation with an ATM fee fraud attorney. Please contact us by phone at (312) 632-1017, or by email at istopdebtcollectors@gmail.com.

Electronic Funds Transfer Act

The Electronic Funds Transfer Act (EFTA) is a federal law that outlines specific rights provided to consumers when they send and receive money electronically; including, when they use ATMs and MAC machines. Among those rights is the right to be well-notified about the ATM fees that will be charged for people using ATMs not belonging to their own bank. These fees range, but typically they range from $3 to $6, and often come as an unpleasant surprise to consumers who like to keep an eye on their money and though they were watching their wallet carefully.

Under the EFTA, consumers using an ATM not belonging to their bank must be notified twice about any non-customer fees: once in a written notice posted on the outside of the machine; AND, again in an on-screen notice requiring the consumer to make a choice before the transaction is completed.

However, many ATMs are missing one or both of these required notices or disclose incorrect/outdated fee amounts (i.e. written notice says one thing, but on-screen notice says another). This is a violation of the law that can mislead consumers into incurring unwanted and often times irreversible transaction fees. If this has happened to you—you do not have to stand for it. At the Law Offices of Matthew W. Kiverts, we stand up for you!

The EFTA allows consumers harmed by these legal violations to sue the ATM’s operator for the cost of the ATM fees they never agreed to; for statutory damages of $100 to $1,000; and, for attorneys’ fees. What this last part means is that you would be entitled to compensation—at no cost (no legal fees) — because your attorneys’ fees would be paid not by you, but by the bank or financial institution.

If you believe you were charged an ATM fee without the proper warning as described above, we can help you fight back! To learn more about your consumer rights and the EFTA, contact the Law Offices of Matthew W. Kiverts for a free consultation with an ATM Fee Fraud attorney. Please contact us by phone at (312) 632-1017, or by email at istopdebtcollectors@gmail.com.

Disclaimer: The information you obtain on this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contact us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.