CLEVELAND – A serial plaintiff in ATM suits targeting credit unions and banks filed a new action last week against Advantage CU, one of 35 suits under the Electronic Funds Transfer Act brought by Don Anderson in just the last month.
The suit claiming the Ontario, Ohio, credit union violated provisions of the EFTA by failing to post a fee disclosure on the outside of the machine is among 87 EFTA suits filed by Anderson over the past 18 months, making him the most prolific serial filer among so-called ATM vigilantes.
The latest flurry of suits comes as prospects of Congress acting to limit such actions appear to be fading, with a brief “lame duck” session of Congress after the elections to be reserved for only the most important bills. That makes it questionable whether a bill will be voted to limit the ability of people like Anderson to file EFTA suits by eliminating the requiring that all ATMs disclose on the outside of the machine the fees they charge non-customers because almost every ATM now provides such a disclosure on-screen.
In his latest credit union suit, Anderson asks that his action be declared a class action and that everyone using the machine during a specified time be compensated for the lack of a fee disclosure.
In recent weeks Anderson has targeted credit unions and banks in Florida, Kentucky, Tennessee, Alabama, Ohio, Louisiana, North Dakota and Arkansas. Among the credit unions he has sued are: Feliciana FCU, LA Capitol FCU, Monroe Telco FCU, Nevada FCU, Centric FCU, Coastal Community FCU and Firestone Community FCU in Texas.