Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

Exercise 11

Key Bank National Association operated ATMs that permitted bank customers and noncustomers to conduct transactions. Key Bank customers could use the ATMs without fees, but the bank assessed tees on most noncustomers. Noncustomers who were not charged fees included members of the military, customers of affiliated banks, and users of the Key Bank Cleveland Clinic ATM. When a noncustomer put a card in a Key Bank ATM and entered a personal identification number, the following message appeared on the screen:
"This terminal may charge a fee of $2.00 for a cash withdrawal. This charge is m addition to any fees that may be assessed by your financial institution.
"Do you wish to continue this transaction?
"If yes press to accept fee.
"If no press to decline fee."
Once a noncustomer accepted the fee, the bank would determine whether a fee would be charged. Michael Clemmer, not a Key Bank customer, made a withdrawal at a Key Bank ATM. When the screen had asked whether he accepted the fee, he selected "yes," and Key Bank had charged him $2. Clemmer sued the bank, alleging he did not receive adequate on-screen notice that he would be charged a fee. Had he received notice of the charge for using the ATM?