Woman sues Vegas company over ATM fees

By Steve Green

Friday, July 10, 2009 | 11:33 a.m.

A Las Vegas company that provides credit and ATM services to casinos around the country has been sued by a Pennsylvania woman over ATM machine fee disclosure requirements.

Theresa Jackman seeks class-action status for her lawsuit filed Wednesday in federal court in Pennsylvania against Global Cash Access Holdings Inc.

The lawsuit claims Global Cash failed to properly disclose a fee it imposed on a transaction involving Jackman in violation of the federal Electronic Fund Transfer Act.

George Gresham, chief financial officer at Global Cash, said Friday that the Las Vegas company had just received the suit and that its preliminary review indicates the company has strong defenses against the allegations.

"We plan to vigorously defend against it," Gresham said.

Attorneys for Jackman, who lives in Allegheny County, Pa., said in the lawsuit that the federal law requires ATM operators to disclose fees for use of the machines both on the machines and, before the transaction is completed, on machine screens.

The lawsuit alleges Jackman made a cash withdrawal June 30 at a Global Cash ATM at the Meadows Casino in Washington, Pa.

"Defendant charged plaintiff a 'terminal fee' of $3 in connection with the above-described transaction," the suit charged. "However, at the time of the ... transaction, there was no notice posted 'on or at' any of the ATMs operated by the defendant at the Meadows Casino that apprised consumers that a fee would be charged for use of the ATM."

The proposed class-action would represent everyone charged a terminal fee at a Global Cash ATM for electronic fund transfers or balance inquiries where disclosure of the fee was not posted on the outside of the ATM machine.

Separately, Global Cash is continuing efforts to reach a settlement with Arizona gaming regulators over a complaint they filed last month against Global Cash.

The Arizona Department of Gaming is seeking to bar Global Cash from doing business with Indian casinos in that state because of alleged wrongdoing years ago by the company's founders and because of more recent incidents in which it claims Global Cash was not forthright with regulators.

Global Cash is appealing the recommendation, saying it has distanced itself from the company founders and is worthy to do business at the Arizona casinos.