The U.S Court of Appeals for the Fifth Circuit has held that a proposed class representative can continue to prosecute a lawsuit alleging that Home Town Bank violated a now-repealed law requiring that fee notices be posted on automatic teller machines.
While the lawsuit was pending, the Electronic Funds Transfer Act was amended to eliminate the requirement that ATM fees be posted on cash machines externally. Under the now-repealed law, consumers could recover actual damages, statutory damages, costs and fees if they were charged a transaction fee without being notified by signage on the outside of ATM machines.
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