Pittsburgh, PA: PNC Bank is facing an ATM fees class action lawsuit filed by Kurt Huckabee on behalf of consumers that are not banking customers and were charged any fee at any ATMs operated by PNC Bank that did not provide an adequate notice of fees.
In the lawsuit, entitled Huckabee v. PNC Bank NA, case number 12-cv-01754, Huckabee alleges a notice of fees on the machine he used was barely visible when viewed from straight ahead because it was located inside the hood protecting the screen. Huckabee was allegedly charged a $2 ATM fee.
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.