ATM fee-notice litigation, Part II: Moving to dismiss for lack of standing (including updates) *

USA - June 29 2012
On June 28, 2012, the United States Supreme Court decided First American Financial Corp. v. Edwards. Although expected to be an important decision in the development of standing jurisprudence, First American was largely a nonevent.

Co-authors: Eric P. Magnuson.

Supreme Court avoids deciding consumer standing issue *

USA - June 29 2012
The Supreme Court’s ruling on the Affordable Care Act was not the only surprise decision on Thursday.

Co-authors: Eric P. Magnuson.

ATM fee-notice litigation, part II: moving to dismiss for lack of standing *

USA - February 23 2012
In this installment of our advisory, we discuss the strategy of moving to dismiss a fee-notice litigation on the grounds that a plaintiff lacks constitutional standing to bring suit under the Electronic Fund Transfer Act (“EFTA”).

Co-authors: Eric P. Magnuson.

ATM fee-notice litigation, Part I: Electronic Fund Transfer Ac basics *

USA - February 9 2012
During recent months, plaintiffs across the country have commenced hundreds of cases in federal courts claiming that ATM operators failed to post physical signage on or at ATMs notifying consumers of fees imposed for ATM transactions.

Co-authors: Eric P. Magnuson.