DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
122790P.pdf 08/02/2013 Jarek Charvat v. Mutual First Fed. Credit Union
U.S. Court of Appeals Case No: 12-2790
and No: 12-2797
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Melloy,
Circuit Judge]
Civil case - Electronic Fund Transfer Act. In action alleging defendants
violated the Act by failing to have an exterior fee notice posted on or at
their ATM machines, the district court erred in finding plaintiff did not
have standing because he did not have an injury in fact; assuming without
deciding that plaintiff waived the claim that the $2.00 fee he was charged
constituted an injury in fact, plaintiff still had standing to pursue his
claim against the defendants based on the informational injury he
allegedly sustained because of the failure to post the notice; once he
alleged a violation of the notice provisions of the Act in connection with
his ATM transactions, plaintiff had standing to claim damages; further,
the injury was fairly traceable to defendants' conduct.