Judge Requests More Information On Contracts Before Ruling On ATM Fees

Mealey's (November 16, 2018, 12:08 PM EST) -- SAN DIEGO — A California federal judge on Nov. 13 refused to dismiss a breach of contract claim asserted by customers who allege that they were wrongfully charged fees by a bank at its out-of-network automatic teller machines (ATM) and deferred a decision on claims for violation of California’s unfair competition law (UCL), conversion and other claims until further discovery on the parties’ underlying contracts is completed (Jacob Figueroa, et al. v. Capital One, N.A., No. 18cv0692, S.D. Calif., 2018 U.S. Dist. LEXIS 193522)....