PHILADELPHIA – A federal judge has agreed to dismiss an ATM disclosure suit brought by a Pennsylvania man against Philadelphia FCU under the Electronic Funds Transfer Act, one of 20 ATM suits filed by the serial plaintiff over the past 12 months.
In winning its case the $850 million credit union proved that the ATM in question, in Bloomsburg, Penn., did in fact, have the fee disclosure posted on the outside of the machine, as required under the EFTA, despite Reviello’s claim to the contrary—and produced a photo do back up its defense.
The federal court also agreed to dismiss claims by the so-called “ATM vigilante” that the credit union’s ATM was in violation of the Americans With Disabilities Act requiring all ATMs to be accessible to the visually impaired. Among the arguments made by the credit union were that Reviello lives 54 miles from the ATM so could not prove that he was injured by not being able to use the ATM, as there are many ATMs much closer to his home.
An earlier EFTA suit filed by Reviello against Pennsylvania State Employees CU was also dismissed because of proof that the fee disclosure had been attached to the ATM at some time.
Reveillo, one of several serial plaintiffs against credit unions and banks, has also filed ATM suits against Choice One Community FCU, Tobyhanna FCU and Penn State FCU.