POLVAY v FCTI, INC

United States District Court for the Southern District of New York
Case No. 1:22-CV-04315-JSR

If You Were Assessed ATM Fees for Balance Inquiries at ATM Machines in New York Operated by FCTI, Inc., Which are Located at 7-Eleven Stores, a Class Action Lawsuit May Affect Your Rights.

The party (called “Plaintiff”) who brought the lawsuit against FCTI, Inc. (“FCTI”) alleges that FCTI improperly transmitted two balance inquiry requests to customers’ banks when only a single balance inquiry was undertaken at its ATM machines located in 7-Eleven stores in New York, resulting in the customers being assessed double out-of-network ATM fees by their banks for a single balance inquiry transaction. FCTI denies the allegations, or that it has done anything wrong. The Court has not decided who is right.

The lawsuit affects your legal rights if you are a member of the Class certified by the Court:

All holders of a checking account at one, or more Banks who were assessed more than one fee for a balance inquiry during the same visit to a FCTI ATM in the State of New York from May 1, 2018 to November 16, 2021. “Banks” consist of: New York Community Bank, KeyBank, Webster Bank, M&T Bank, TD Bank, Community Bank, Citizens Bank, NBT Bank, Bank of America, and Wells Fargo.

This notice is being provided to you in advance of a trial. No judge or jury has concluded that FCTI did anything wrong. For this reason, there is no money available now to distribute to Class members, and there is no guarantee there ever will be. If you are a Class member, however, you have a choice to make now:

YOUR LEGAL RIGHTS AND OPTIONS

DO NOTHING

Stay in this lawsuit. Await the outcome. Give up the right to sue separately.

If you are a Class member and do nothing, you may be entitled to money or benefits that may come from a trial or a settlement of the lawsuit. But you will never be able to sue FCTI separately over the legal claims in this lawsuit, and you will be bound by any judgment.

ASK TO BE EXCLUDED

Get out of this lawsuit. Get no money or benefits from it if any are awarded. Keep the right to sue separately.

If you ask to be excluded from the lawsuit and money or benefits are later awarded, you won’t be eligible to share in those. But you will keep any rights to sue FCTI separately over the legal claims in this lawsuit. To ask to be excluded, you must act before April 22, 2024.

Upcoming Important Dates

Deadline to Request Exclusion / Trial Date

04/22/2024