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CLEMMER v. KEY BANK NAT. ASS'N

No. 07-3936.

539 F.3d 349 (2008)

Michael CLEMMER, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. KEY BANK NATIONAL ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 22, 2008.

Attorney(s) appearing for the Case

ARGUED: Robert K. O'Reilly, Ademi & O'Reilly, Cudahy, Wisconsin, for Appellant. Michael N. Ungar, Ulmer & Berne, Cleveland, Ohio, for Appellee. ON BRIEF: Robert K. O'Reilly, David M. Victor, Ademi & O'Reilly, Cudahy, Wisconsin, for Appellant. Michael N. Ungar, Ulmer & Berne, Cleveland, Ohio, for Appellee.

McKEAGUE, J., delivered the opinion of the court, in which GILMAN, J., joined. ROGERS, J. (p. 356), delivered a separate concurring opinion.

OPINION

McKEAGUE, Circuit Judge.

As the district court succinctly summarized, this case turns on whether the Electronic Funds Transfer Act (the "EFTA") permits an automated teller machine's on-screen notice to read that a fee "may" be charged when a fee "will" be charged. Clemmer v. Key Bank, N.A., No. 06-2654, 2007 WL 5303533, at *2 (N.D.Ohio June 20, 2007). Michael Clemmer, a consumer of ATM services, argues that the notice must explicitly state...

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