A Las Vegas ATM operator is fending off a trio of lawsuits claiming that its ATM machines at Planet Hollywood casino and hotel charge fees without warning users. The suits, which are seeking class-action status, are not the first to be filed against the ATM company based on this claim. Another defendant casino has accused one of the plaintiffs of acting in bad faith.
The plaintiffs in the lawsuit say that three ATMs at Planet Hollywood charged them $4.99 for withdrawing money. While ATM fees are common, the suits contend that the machines did not notify the plaintiffs before deducting the surcharge from their checking account. The plaintiffs’ attorneys, one of whom is based in Las Vegas, also represent a plaintiff who has filed commercial litigation against the Golden Nugget Laughlin and its ATM operator based on a similar claim. One of the plaintiffs is also involved in similar lawsuits against a casino in California.
The Gold Nugget is fighting vigorously against the claims. In a filing, attorneys for the casino said that the plaintiff used the ATM knowing that it would charge him a fee for the sole purpose of filing a lawsuit. The filing in that case added that the ATM machine warned the plaintiff about the fee.
It remains to be seen whether the defendant in the latest case, Global Cash Access, will present a similar defense. In 2010, the company settled a class action lawsuit related to fees charged by ATM machines at a casino in another state. The settlement included a $500,000 payment to the plaintiffs, though GCA did not admit liability.
Source: VEGAS INC, “Casino ATM operators sued amid questions about plaintiffs’ motives,” Steve Green, July 7, 2012
