We have previously written about Charvat v. Mutual First Federal Credit Union, the case in which the Eighth Circuit held last year that denial of a statutory right is a sufficient injury to confer standing, even if the injury is only “informational” and does not include “an additional economic or other injury.” … Continue Reading
Congress passes bill eliminating ATM fee sticker requirement
The U.S. Senate has joined the House of Representatives in approving a bill (H.R. 4367) amending the Electronic Fund Transfer Act to eliminate the requirement that a fee disclosure be placed in a prominent and conspicuous location on or at an automated teller machine. Once the bill is signed into law by the President, the fee disclosure will only need to be made on the ATM screen. … Continue Reading
DOJ files amicus brief supporting plaintiff in Eighth Circuit standing case
Earlier this week, we wrote about Charvat v. First National Bank of Wahoo, a case pending before the Eighth Circuit that raises the question whether a plaintiff has Article III standing to sue for an alleged statutory violation that caused no actual injury. The district court had dismissed, for lack of standing, the plaintiff’s class action complaint seeking statutory damages for the bank’s alleged violation of the Electronic Funds Transfer Act requirement that notice of an ATM fee must be posted on the machine. … Continue Reading
Important standing case before Eighth Circuit
Among the more interesting developments discussed in our webinar last week on the CFPB’s amicus program was the appeal currently pending before the Eighth Circuit in Charvat v. First National Bank of Wahoo, a case that raises the question whether a plaintiff has Article III standing to sue for an alleged statutory violation that caused no actual injury. … Continue Reading