The issue of lawyers filing a growing number of lawsuits over ATMs missing disclosure signs has moved from being a mere nuisance to credit unions to meetings with federal lawmakers and President Obama's administration seeking relief.
According to CUNA and other trade organizations that have faced litigation, the problem stems from a requirement in the Electronic Funds Transfer Act and associated federal regulations about the fee disclosures ATM deployers must share with consumers. According to the law, anyone deploying a public ATM must disclose the fee charged for the ATM transactions both on the ATM screen and in a sign or placard on the machine itself. ATMs that do not carry both disclosures are considered to be in violation of the law and the deployer may be vulnerable to litigation, which the law established as the main way provisions would be enforced.
This has led some banks, credit unions, convenience stores and casinos up against lawsuits or threats of litigation from lawyers who have alleged their ATMs have not carried the proper signs.
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