Nick’s ATM miscue spawns legal nightmare [Indianapolis Business Journal (IN)]
| By Andrews, Greg | |
| Proquest LLC |
That seemingly humdrum moment touched off a legal odyssey for the iconic
Pike ended up filing a class action federal lawsuit charging Nick's ATM lacked a fee-disclosure sticker, putting it in violation of the federal Electronic Funds Transfer Act. The suit argues that Nick's "frequent and persistent" non-compliance with the law entitles Pike and hundreds or thousands of other users of the machine to damages far greater than what they paid in fees.
After the taking of depositions and dozens of filings by the parties, the case is now set for a three-day jury trial beginning
If that weren't bad enough, Nick's also is fending off a lawsuit filed by its insurer,
If there is any consolation for the owners of Nick's, it's that scores of business owners across the country feel their pain. American Banker estimates that attorneys filed as many as 2,000 ATM-sticker lawsuits before
Many of the suits were brought by the same handful of attorneys. For instance, the counsel for
The parties settled that case last October, with the defendants setting up a
It's not clear how much Nick's has racked up in legal fees or whether the restaurant is trying to settle in advance of the trial. Messages left with Nick's co-owner
Earlier this year, Magistrate Judge
During a deposition, Bright said she had known there was a law called the Electronic Funds Transfer Act and knew it required disclosure of ATM fees "in some way," but thought disclosure during the transaction was sufficient.
She said she eventually put a sticker on the machine. Asked if that occurred before Pike sued in
| Copyright: | (c) 2013 IBJ Corporation |
| Wordcount: | 557 |


Advisor News
- Semi-retirement: helping clients balance flexibility with financial security
- The 6X Formula for leveraging content marketing with AI
- When a home becomes difficult to insure, the plan changes
- The inheritance gap: Helping clients plan for money that hasn’t arrived
- After the midterms: Addressing your clients’ tax concerns
More Advisor NewsAnnuity News
- Athene CEO criticizes offshore reinsurance, risk-taking by competitors
- DOL, trade groups, state AGs file briefs supporting Alcoa in PRT lawsuit
- John Hancock launches new fixed indexed annuity suite
- Annuities to play a larger role in workplace retirement plans
- FHLBank Pittsburgh Announces Results in 2026 Board Election
More Annuity NewsHealth/Employee Benefits News
- Medicaid work rules don’t apply to Native Americans. They could still lose coverage.
- Native Americans face Medicaid exemption hurdles
- A GAP IN PROTECTION
- Health care
- Indiana Farm Bureau provides health plan options
More Health/Employee Benefits NewsLife Insurance News
- AM Best Affirms Credit Ratings of Fubon Insurance Vietnam Co., Ltd.
- Three lawsuits put life insurers’ cost-of-insurance practices under scrutiny
- Military Briefs: November 12-18
- Security Benefit Series B Preferred Stock Dividend Rate Resets to 10.286%
- FHLBank Pittsburgh Announces Results in 2026 Board Election
More Life Insurance News