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One of the pleasures of writing a blog for the sheer hell of it is the connection I make with like-minded, off-kilter bankers and bank lawyers from all over the world, including, most prominently, South Park, Colorado. I recently received an email from a group of bank lawyers in a state south of the Mason-Dixon Line who have been running into one of my favorite Bête Noires: lawsuits over missing ATM external notices. It was too amusing not to share.
To protect them from the type of hate mail I receive on a regular basis, they'll remain anonymous. Here's their email, only slightly edited to protect the guilty.
Kevin,
I thought you would enjoy this one. We are involved in a number of ATM fee disclosure lawsuits for financial institution clients (you know “the sticker is not on the outside of the machine so you owe me damages and most importantly, attorney’s fees”).
We have now seen 7 identical complaints filed, three in [our state] this week. Same plaintiff, same lawyer. Apparently the plaintiff, who is a New Yorker (according to the pleadings), is on a summertime tour of southern ATMs.
As one of my partners said: “This guy is the Diogenes of ATMs—traveling the world looking for an ATM with a fee notice, but apparently unable to find one.” To which another replied, “Maybe it’s just a North-South thing, him being a New Yorker, sojourning through the South for some July heat . . . and suffering the pains of withdrawing money from at least seven different Southern ATMs, operated by 7 different banks, all of which apparently lack a notice to his satisfaction . . . .”
As to how he is doing it, after some research we found this photo:
Finding one honest ATM appears to have taken its toll on Superman.
