NEWBURGH, N.Y. – A Brooklyn man filed a class action suit last week against Mid-Hudson Valley FCU over the ATM disclosure provisions of the Electronic Funds Transfer Act, the latest serial plaintiff to challenge credit unions’ compliance with the ATM law.
The latest so-called ATM Vigilante follows the case of a couple of Michigan retirees who have filed 40 suits under the EFTA against credit unions and banks; a New York couple who have brought at least 40 actions; another New York man who has filed more than a dozen EFTA suits; and a Pennsylvania man was has sued almost 20 credit unions and banks.
Last week’s EFTA suit was the sixth filed by Yehuda Katz, who has also filed claims against delta Community CU, Capital One Bank, Select-A-Branch ATM Network, and others in recent months.
The serial plaintiff claims he made a cash withdrawal from the credit union’s ATM in Newburgh on June 26 and was assessed a $2.50 non-member surcharge even though there was no notice posted on the machine disclosing the fee—as required by the EFTA.
The latest suit comes as Congress is debating a bill that would eliminate the EFTA’s requirement for the notice on the machine because of the ability of ATMs now to post fee disclosures on screen.