No. 13-20211.

771 F.3d 820 (2014)

Lisa MABARY, Plaintiff-Appellant v. HOME TOWN BANK, N.A., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 5, 2014.

Attorney(s) appearing for the Case

Ernil Lippe, Jr. , Lippe & Associates, Dallas, TX, Gary F. Lynch, Esq. , Ronald Bruce Carlson, Esq. , Carlson Lynch , Limited, Pittsburgh, PA, Adina Hyman Rosenbaum , Public Citizen Litigation Group, Washington, DC, for Plaintiff-Appellant.

William Frank Carroll, Esq. , Thomas Butler Alleman , Aubrey Brook Colvard , Attorney, Cox Smith Matthews, Incorporated, Dallas, TX, for Defendant-Appellee.

Before JOLLY, HIGGINBOTHAM, and SOUTHWICK, Circuit Judges.


Lisa Mabary filed a class action claim alleging that Home Town Bank violated the Electronic Funds Transfer Act1 ("EFTA") by failing to post an external notice of fees on its automatic teller machines ("ATMs"). While the suit was pending but before class certification, Congress amended the EFTA to eliminate the external notice requirement.

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