Photo: Adam Lederer (flickr)
Nick’s English Hut in Bloomington is being sued for not displaying on its ATM that users would be charged a transaction fee. A jury trial is scheduled for October 22.
Indiana University medical student Jon Pike used the ATM at Nick’s in 2010. He says there was not a sign indicating there would be a transaction fee so he was surprised when he was charged a $1.50 for using the machine.
Pike has since filed a class action lawsuit against the restaurant in federal court. His attorney Eric Calhoun says the law required companies to post ATM transaction fees until Congress voted to change the policy in 2012.
“The ATM here in question did not have the required notice that was required by federal law at that time. That gave rise to a civil cause of action in federal court, violating the statute. The statute provides for statutory damages,” Calhoun says.
The owners of Nick’s English Hut and their attorneys did not return repeated calls for comment.