No. 13-10375

JAMES L. FREY, Plaintiff-Appellee v. FIRST NATIONAL BANK SOUTHWEST, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed February 20, 2015.


James Frey instituted a class action against First National Bank Southwest ("First National") because its ATM at a particular location lacked a fee notice on the exterior of the machine, in violation of the Electronic Funds Transfer Act ("EFTA"). 15 U.S.C. § 1693b(d)(3) (2011). The district court certified a class of consumers who were charged a fee for using the ATM without being given the required exterior notice during...

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