Hughes v. Kore of Indiana Enterprise, Inc.

Federal 7th Circuit Court
Civil Court
Class Action
Case Number: 
No. 13-8018
Decision Date: 
September 10, 2013
Federal District: 
S.D. Ind., Indianapolis Div.
Reversed and remanded
Dist. Ct. erred in decertifying class action alleging violation of Electronics Funds Transfer Act, where defendant-owner of two ATMs allegedly failed to post sticker on machine to alert user of existence of $3 fee to use ATM. While damages in instant class action would total only $10,000, such that class members would only receive $3.57 per ATM transaction if class action were successful, instant small remedy was not sufficient reason to decertify class, even though individual class members could receive at least $100 statutory damages per transaction if allowed to proceed against defendant individually. Moreover, class representative’s service of potential class members via publication in local newspaper and website was sufficient to satisfy notice provisions set forth in Rule 23(c)(2)(B).