Woman sues Vegas company over ATM fees
Friday, July 10, 2009 | 11:33 a.m.
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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.
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...Good for this lady, they sure do take advantage of gamers in the casinos, hope they lose..
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I think she should hire Jesse jackson. Here is a man that never worked in his life and lives like a king!
Wonder how many cocktails she had when she went to the ATM machine. I have NEVER NOT SEEN the Charge Fee posted. In fac, you cannot proceed unless you agree to the fee.
Again....wonder how many drinks the woman had when she went to use the machine???
PS $3.00 ???? Wow! Such a deal!!!
If you dont have the cash with you when you enter a casino, Then stay at home. It is stupid to borrow money from your account to give to a casino.
WHAT A MORON! I have never not seen an ATM FEE... IT IS ALWAYS THERE AND YOU MUST AGREE TO IT IN ORDER TO PROCEED! THESE PEOPLE ARE THE REASON OUR SOCIETY IS SO MESSED UP....
Jesse Jackson will only represent her is she is African American, Old mush mouth won't lift a finger to help a Canadien American or an American American. Melting pot my Yass
"If you dont have the cash with you when you enter a casino, Then stay at home. It is stupid to borrow money from your account to give to a casino"
Lots of people don't carry cash on them. It is not "borrowing" money from your account. It is "using" money from your account just like you would do if you went to Albertson's or Home Depot - the only difference being you have something to show for the money you spend at these places.
My guess is you don't have an ATM card.
"Jesse Jackson will only represent her is she is African American, Old mush mouth won't lift a finger to help a Canadien American or an American American. Melting pot my Yass"
Phargo, you really should whisper or just say these things to yourself. You sound ignorant.
In today's current crisis, I'm not surprised she's suing and I'm not surprised a lawyer took her case on a contingent basis.
I agree with Katie. You cannot continue at an out of network ATM without agreeing to the transaction fee.
Can't people read? If you read the lawsuit (link on this page) it's about these greedy banks not telling you that there is a fee until you use your card. Federal regulations...you must state ON THE MACHINE that there is a fee, in addition to the screen once you use your card.
I know many people that do not like to carry cash with them to a casino. Easier and safer to just withdraw it once there. BUT the ATM is supposed to let you know - on the machine itself - if there is a fee and how much. $1.50 is reasonable and ON most machines in my area.
Also, how do you know this woman wasn't just withdrawing some money for lunch or a bus?
Regardless, do you really side with the bank on not following FEDERAL REGULATIONS? Really?
Next time, read everything before you say anything. Didn't you learn that in Kindergarten?
PLUS...it's a class action lawsuit. Meaning, thousands of people/plaintiffs (again - read the dang lawsuit). She'll be lucky to get back her ATM fees after everyone is paid off including the lawyers.
I'm glad someone is doing this for the principle of it and obviously not for the money. If it was "to get rich" then it would NOT be a class action suit.
she probably forgot to press 1 for english....
Katie I wonder how many drinks you have had? What a nit wit.
greenab65 Phargo has the same rights as the lying Jacksons and Sharptons of the world,as a matter of fact he is right and he is free to express himself. He did not use a racial slang term as the blacks do when they are making their points. His statement was politically correct and you should be careful of who you open your big mouth about. Think before you post your racist blather.
Hey Homes,
Because you sound as ignorant as Phargo, first, I am African American, black, colored and Negro. I have been since birth. Second, what I was referring to is that Jesse Jackson has absolutely NOTHING to do with the article, so why did he find it necessary to bring him up? Last of all, what do the Jacksons, Sharptons, blacks and racism have to do with an ATM fee?
Lay off the crack, dude! Come back to the light, FOCUS!!
Homer
I'm a NITWIT????? You make no sense. Put the bong down, moron. You CANNOT GET MONEY OUT OF AN ATM WITHOUT AGREEING TO THE FEE!!!!!! THe woman is an idiot. And for a $3.00 fee? She would go into cardiac arrest if she tried to get money out of an ATM machine at a Harrah's property or MGM Grand property.
Chaching: We all DID understand what the article was about. ANYONE with an ATM card and a brain KNOWS there is a fee involved if one uses an ATM machine NOT affiliated with their bank. AND AGAIN, CHA-CHING - YOU CAN'T GET ANY MONEY OUT OF THE MACHINE UNLESS YOU AGREE TO THE FEE!! Do YOU understand now??? This broad and the others want their money back!! And they will not get it back. The judge will throw out the suit. My advice to these "oh, let's sue" group of people: use an ATM from your own bank where you won't get charged a fee. Case closed.
Homer is right...you are a nitwit.
Did you miss this part of the article? "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."
Maybe you cannot read: "requires ATM operators to disclose fees for use of the machines both ON the machines..." Get it?
YES - everyone knows you pay a fee to use an ATM that is not your own bank. OBVIOUSLY that women knew that or she wouldn't have withdrawn the cash because the SCREEN said there was a fee - BUT THE OUTSIDE OF THE ATM DID NOT. That is where they are breaking the law! A FEDERAL LAW.
And, thousands (again, thousands) of people are part of this CLASS ACTION lawsuit.
You should be banned from posting again unless you (can you?) read the full lawsuit that is linked. And I'm willing to bet this huge group of people win because the ATM company did not follow FEDERAL REGULATIONS.
I'm also willing to bet that you somehow work for this ATM company since you are defending them so much. Hope not...you'll probably lose your job once they lose this lawsuit.
If she only had a brain. Maybe she's illiterate like the majority of this population. Maybe she did have to much to drink and her comprehension skills are were very low. However, ignorance is no excuse.
SURPRISE! ATMs have fees... I hate when people talk about "companies taking advantage"... If you go to a casino, most likely your going to spend money and if your not smart enough to pull cash out at your "home" bank w/o fees before you come to LV or the casino then shame on you. Don't criticize the ATM company for providing a service in exchange for a fee. Same reason it'll cost you more for a #5 at McD's in Times Square as apposed to Erie, PA... And I second what "Katie: said above... $3 is a bargain on the Strip! Some of the gentlemens clubs and nightclubs have fees $8+ no matter how much you pull. This "case" is simply another fool trying to make a quick buck...
WOW! I never saw so many people that are dumber than a bag of hammers.
You don't get it do you? It has nothing to do with the fee itself...it's about posting the fee on the outside of the machine! That's the Federal law that is being broken. Appears that I'm the only one that spent the time to read the 8 or 9 page lawsuit that is linked. I guess it's okay to break Federal laws no matter what they are or what company is doing it.
Those gentlemens clubs and nightclubs that charge $8+ (if they are following Federal laws) should have that notice on the ATM before you use your card. Most machines do except the machines by this company apparently.
I suppose that the THOUSANDS of people that are part of this class action suit (not just this one woman) are also "fools, trying to make a quick buck".
I'm actually embarrassed for all you ignorant people making comments about nothing that has to do with this lawsuit.
Las Vegas ATM fees are getting expensive. Now whenever I go I try to take enough cash so that I won't have to use a casino ATM. Did you see this Nightline about bank overdraft fees?
http://abcnews.go.com/Business/story?id=...
Thanks for that link! I had no idea banks could "choose" what checks to process. Nice.
It's so important to make sure your check book balances to your monthly bank statement. And if possible, leave a "safety net" in your account that you don't touch or tap into (like $50-$200) just in case.
I feel for those people that make one mistake and get charged tons of fees. Sometimes hard when more than one person is using the debit card and they forget to record the withdrawal. In the distant past, banks would waive these fees if it was a one-time mistake and your account was always in good standing.
Interesting info...
"Many people oppose ATM usuage fees because ATMs are actually less costly for banks than withdrawals from human tellers." So true - less bank branches, less employees which equals big savings for the bank on salaries, benefits, and buildings.
Prior to 1988, there was no surcharging of cardholders by ATM owners in the U.S.
As banks and third parties realized the profit potential they raised the fees.
The Financial Regulator forbids all ATM usage fees in Ireland.
ATM withdrawals in the Netherlands are free. But you can only draw cash at another bank's ATM once a day, and there is a lower limit.