Pittsburgh, PA: The Citizens Bank is facing an ATM fees class action lawsuit filed by Osmani Alicea on behalf of consumers that are not banking customers and were charged any fee at any ATMs operated by Citizens Bank that did not provide an adequate notice of fees.
In the lawsuit, entitled Alicea v. Citizens Bank of Pennsylvania, Case No. 12-cv-01750, Alicea alleges it was "virtually impossible to read the notice without getting on one' knees."Alicea also alleges he was charged a $3 fee at a Citizens Bank ATM in Pennsylvania that displayed a notice of fees in small print on a label near the floor and under a protruding piece of the machine.
According to the class action lawsuit, these ATM fees violate the Electronic Fund Transfer Act (EFTA), which requires that ATM machines have a posted notice of fees in a "prominent and conspicuous location on or at the machine."The EFTA also requires that this notice be given before the consumer reaches a point that they cannot cancel the transaction.