SAN FRANCISCO – Three individual ATM users, two from California and one from Wichita, Kansas have filed suit against First Data Resources, the parent company of Concord’s Star ATM Network and five major banks alleging that the banks have violated U.S. anti-trust laws with their ATM interchange fees. If successful, the suit could significantly change the way credit union and other financial institutions make money or recover costs from their ATMs. “The widespread adoption of Surcharges has eliminated any purported justification for Interchange Fees which ostensibly compensated ATM Owners when they were banned from imposing Surcharges,” the suit alleged. “The Bank Defendants impose fixed Interchange Fees today not because they serve a legitimate purpose, but only because they are a lucrative source of income to the large banks that control Star and other ATM Networks.” As part of their suit the defendants have asked the court to recognize the case as a class action including everyone who opened an account at a branch of the five banks (Bank of America, J.P. Morgan Chase, Citibank, SunTrust Banks, Wachovia Corporation and Wells Fargo & Co) and who has paid a Foreign ATM fee.

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