Posted 11/11/2013 12:00 am
As expected, the ATM stalker case against Union Bank & Trust of Monticello came to an end before the Dec. 9 trial began in U.S. District Court at Pine Bluff. Judge Brian Miller signed an order dismissing the case with prejudice on Nov. 4.
Serial plaintiff Don Anderson of New York attempted to have the case dismissed without prejudice, meaning the lawsuit could be refiled within 12 months.
However, the bank objected to that move and forced Anderson to choose between a dismissal with no loose ends or going to trial.
The case, which failed to achieve class action status, was one of nearly 50 similar lawsuits Anderson filed around the country. The ATM in question had an onscreen user fee disclosure but didn’t have a physical sign as required by EFTA at the time.
In a July 11 order, Judge Miller said that Anderson suffered no damages and likely would only be entitled to $100, the minimum recovery under EFTA.
Anderson’s fee for using the bank’s ATM in Monticello? 40 cents.