The case of the Pennsylvania federal credit union being sued for allegedly not having labeled its ATMs with the required fee notices is meandering through the legal process.
Daniela Helkowski, who is suing Clearview FCU for not properly disclosing a fee at its ATM, said it is too early for the court to decide whether a class action suit is the best approach to the case without hearing the full arguments in favor of the class action determination. Such an argument would convince the court of the merits of the case, Helkowski, who has a long history of consumer complaint class actions, maintained.
The credit union filed a motion in response to the May charges in July, arguing that this dispute should not be a class action because it did not meet the legal standard that class actions should only be brought when they are the best approach to resolving the dispute.
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The case is unfolding in the U.S. District Court for Western Pennsylvania. While there was no physical notification on the ATM, there was a notice of the fee on a screen she had to read before she authorized the transaction.
Helkowski argued in her complaint that the matter should be treated as a class action on behalf of other ATM users who had also withdrawn cash without the required notification.
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