Woman sues bank for $3 fee; settles for $1,000
Filed under: Banks
For those people fed up over bank fees, you might be pleased to hear about some news that quietly came out in The Chicago Sun-Times right before the Fourth of July holiday. Sheryl Stone, a Chicagoan, used the ATM of Marquette Bank and was apparently pretty irked by a $3 fee.She wasn't a customer of Marquette Bank, but the ATM didn't mention that there would be a fee, and even if she had guessed there might be one, Stone presumably didn't think it would be $3.
But it was, and she sued, claiming that the bank had violated the federal Electronic Funds Transfer Act.
Why? Under federal law, the ATM screen has to reveal any fees, and there also needs to be a sign on the ATM. Without either, that's breaking the law.
Stone went to the Consumer Advocacy Center, P.C., which took her case. The bank decided not to fight the suit, and agreed to pay $90,000 to settle the case, pending approval by a federal magistrate judge in September. But if all goes the way it should, Stone will receive $1,000, (the law firm gets $27,000) and the rest of the money will be reserved for other Marquette customers who presumably can prove that they used the ATM from between November 6, 2007 to September 6, 2008.
Meanwhile, if you're irked, check and make sure the ATM you're using, if it's not part of your network, has its sign and screen message warning you for your impending charge. After all, getting $1,000 would pay for a lot of ATM bank fees.



Reader Comments (Page 1 of 5)
7-11-2009 @ 12:46PM
Dr Wright said...
This is simply a bank not listening to customers. All of this could have been avoided.
Dr. Letitia Wright
The Wright Place TV Show
http://wrightplacetv.com
www.twitter.com/drwright1
Reply
7-13-2009 @ 8:03AM
SkSub said...
Well DUH!
7-13-2009 @ 6:07AM
flashygrrl21 said...
She gets $1000 and the law firm gets $27,000? Wow....talk about being fleeced.
Reply
7-13-2009 @ 8:47AM
COWBOY said...
I TOTALLY AGREE WITH YOU. LAWYERS CHARGE EXHORBANT(sp) FEES ANYWAY. BUT THAT TAKES THE CAKE.
7-13-2009 @ 9:51AM
Sean said...
First of all, to flashygrrl21: The settlement was for $90,000, so the law firm getting $27,000 is not unheard of. A typical fee for a civil suit is usually 1/3 or 30-33%, depending on how the firm wishes to calculate their fee.
Second, any ATM I've always used that carries a fee has ALWAYS asked if I accept the fee, and if so, press a button indicating that I accept. In Las Vegas casinos, the ATM fees can be up to $4. YES, these ATM companies (and banks) take advantage of the customer, but in some cases, the customer really doesn't have a choice.
7-13-2009 @ 10:46AM
Jan said...
Dear Person who doesn't understand economics:
These lawyers went to school for seven years to learn the law. It is about as difficult as med school. The lawyers probably took this case on a contingency basis which means they get $0.00 if they lose. Since no one wins all the time (and despite whining from doctors, they win more than 75% of the time, which they shouldn't because they are sloppy), it is a gamble on the part of the lawyers to take the case. By herself, should could not afford to sue at all. This was structured as a class action, which occurs when lots of the little people get screwed over by a big company, for a small amount of money each. The only way to stop the screw job is for lawyers to risk their own funds (by advancing costs) to represent the whole class. Why do you think it is bad for the lawyers who risk their time and money to charge a fee which is, based on the cost of legal services today, minimal. I suppose you'd li8ke for them to donate their time to the woman who had three dollars at risk..n That's a good way to get rid of any possibility of stopping an illegal or fraudulent activity.
7-13-2009 @ 2:45PM
mj said...
Lawyers are always willing to take anything & everything to court becuase if they win, they get at least 30%, not bad for just rolling the dice. And for those that say lawyers spend 7 yrs in school and work hard...no they don't their paralegals work hard for about$12...most lawyers are pigs and those are the people that are going to make all the money with the Obama stimulus...I would like to limit what lawyers can make...PERIOD! After all everyone voted for redistributing wealth...right?
7-13-2009 @ 12:13PM
JDen1952 said...
That's fleecing? You should have been involved in the Trac-Fone class action a few years ago. Main plaintiff won $8,000 and class action parties (like me) got about $11 worth of prepaid phone time. The thieving lawyers got (ready for this?) over TWO MILLION DOLLARS! No wonder people hate lawyers. And what profession do you think the majority of politicians are? Time to vote ALL of the incumbants out of Congress in 2010. Yes, even your "good guy."
7-13-2009 @ 2:40PM
stylewclass said...
NO kidding.... what a rip off attorneys are ... just like obama is ripping off all of america...
7-13-2009 @ 7:04AM
jbjg24m said...
SWHE SHOULD HAVE GOTTEN MORE THAN JUST $1000
Reply
7-13-2009 @ 12:18PM
Chris said...
=Besides finding lawyers to do the work for her, what did she do or incur to deserve more?
7-13-2009 @ 7:13AM
dpnjr said...
I don't think the bank is as guilty for large fees as is the law firm who received $27,000 for a simple case and the individuals who were "harmed" by the bank received practically nothing.
But of course, laws are made by lawyers, for lawyers anyway.
Reply
7-13-2009 @ 7:45AM
karen said...
Many things in banking have gotten out of hand. My bank charges an OD fee of $35! Even though I have a savings that they cover the OD with. A high fee for doing something so simple. Essentially paying them for my money. I think I'm gonna start just putting my $ under the mattress
Reply
7-13-2009 @ 9:38AM
Corann said...
it is a ATm fee...Not a OD fee........geesh
7-13-2009 @ 11:19AM
Niki812 said...
Conrann ... She was talking about HER overdraft fee charge ... NOT about the ATM fee in the story. Follow? She's agreeing that banks are taking advantage of consumers and giving her own example. Oy vay.
7-13-2009 @ 1:24PM
Nicole said...
I have to say that I work for a bank. If you are upset with the overdraft fees that you're charged, you have a few options:
1. Keep track of your purchases in a register/computer program so that you don't go overdrawn and know how much money you have to spend
2. Utilize the tools given to you. I don't know of a bank that doesn't provide online banking and telephone access. You can keep track of your purchases that way.
3. Talk with them about overdraft protection or some sort of similar product offering. The bank that I work for provides that for a small fee either per time or monthly from my savings account. I pay to have this protection myself so that I can have the peace of mind that comes with knowing I'm protected.
Also, banks are for profit, and that means that they have to have a way to pay their employees. My wages come out of overdraft fees/ATM fees/wire transfer fees etc.
Before you get angry, think about the situation and take responsibility for your actions! If you aren't going to plan to take enough cash with you when you go somewhere, use your debit card or accept the fact that you will be charged a fee.
7-13-2009 @ 1:57PM
militarywitch said...
Or use a bank that doesn't charge for things like od coverage from your savings and refunds atm fees.....and yes they do exist---at least for the military----but avoiding the overage is really not that hard.
7-13-2009 @ 7:50AM
barry panter said...
Sue the lawyers!
Reply
7-13-2009 @ 5:53PM
Tubajew said...
What did the law firm do to acquire $27,000?
Reply
7-13-2009 @ 8:21AM
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