Cadence Bank out-of-network ATM fees overview:
- Who: Plaintiff Christopher Smith filed a class action lawsuit against Cadence Bank NA.
- Why: Cadence Bank allegedly imposes exorbitant out-of-network ATM fees.
- Where: The Cadence Bank class action lawsuit was filed in Texas federal court.
A consumer filed a Cadence Bank class action lawsuit after the bank allegedly assessed 40% in out-of-network ATM fees when he checked his balance and withdrew cash from an ATM machine.
Plaintiff Christopher Smith says he used an out-of-network ATM to make a $20 cash withdrawal in April 2023. In addition to being charged $4 to the ATM operator, Smith claims Cadence Bank charged him two separate $2 fees for making an out-of-network balance inquiry and for making an out-of-network cash withdrawal.
“In all, plaintiff was charged $8 in fees to withdraw $20 in cash,” the Cadence Bank class action lawsuit says.
Cadence Bank class action claims out-of-network ATM fees are misleading to customers
Smith alleges ATM operators entice consumers into making a balance inquiry “via trickery and deception.”
Many ATM operators allegedly fail to notify consumers that a fee will be imposed to check their account balance so consumers wrongly assume that the balance inquiry is “nothing more than an unremarkable, free lead-in to a cash withdrawal to reasonable, diligent consumers,” according to the Cadence Bank class action lawsuit.
Cadence’s account documents also mislead consumers about the out-of-network ATM fees and fail to inform them that two separate Cadence Bank out-of-network ATM fees will be assessed for a balance inquiry and a cash withdrawal, Smith claims.
“Consumers like plaintiff simply do not know they can be assessed three discrete fees for a simple out of network ATM session that lasts less than two minutes,” the class action lawsuit says. “Cadence, along with the ATM owners, is all too happy to keep consumers in the dark.”
Smith filed the Cadence Bank class action lawsuit on behalf of himself and a proposed class of checking account holders who were assessed at least two out-of-network ATM fees when they performed a balance inquiry prior to withdrawing cash at an out-of-network ATM.
He also seeks to represent a proposed class of Cadence checking account holders who were assessed multiple fees on an item in a Cadence checking account.
The Cadence Bank class action lawsuit asserts claims for breach of contract, breach of the covenant of good faith and fair dealing, and Tennessee and Texas laws.
Cadence Bank was one of many companies to face a data breach class action lawsuit after a cyberattack against Progress Software’s MOVEit file transfer software in May 2023.
Did you pay exorbitant Cadence Bank out-of-network ATM fees? Tell us about your experience in the comments.
Smith is represented by Andrew Shamis and Edwin E. Elliott of Shamis & Gentile PA, Joshua Phillips and Joshua Jacobson of Jacobson Phillips PLLC, Jeffrey D. Kaliel and Sophia G. Gold of Kalielgold PLLC and Scott Edelsberg of Edelsberg Law PA.
The Cadence Bank out-of-network ATM fees class action lawsuit is Christopher Smith v. Cadence Bank, Case No. 4:24-cv-01292, in the U.S. District Court for the Southern District of Texas.
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8 thoughts onCadence Bank class action alleges bank charges exorbitant out-of-network ATM fees
I’ll have a positive balance and I will spend the amount of money that’s left in my account or up to and then the next thing I know I’m being hit with an overdraft fee just like today where I spent $90 because I had 95 in my account, but because I used the ATM there was a transfer fee or whatever fee for using a foreign ATM then on top of that They hit me with $77 overdraft fee and I called and I was like why is this because I just had to check deposit from Etsy today for $190. How in the hell is this possible and they said there’s nothing we can do about it, sir so instead of my $190 check I got after all the fees and everything it was more like $90 I just feel like that’s robbery and so many ways. I feel totally screwed by Cadence Bank and this has been going on for years over 1000 overdraft. When I was in positive. I’ve asked to be taken out of this program constantly they will not do it. I’m gonna have to change banks because they’re crooked AF.
I was charged $3.50 for using out of network ATM, then I was charged an additional $2.50 for balance inquiry which is one of the steps to get to the previous page. You can’t go past it unless you do this then a two dollar Listing fee. That’s eight dollars subtract from 60 and what you get.52.00
I’d been banking with cadence since 2018, and I changed to a business account in 2021. Since then I’ve had over 1000 overdraft fees placed on me when I had a positive amount in bank. Then I even had a check deporting that same day that a recent vendor had paid to me, it came in and ate the 77.00 in overdraft fees but the overdraft, the check and the positive balance all happened same day. Tell me that’s not scammy af.
In OC Ca. I HAVE BEEN CHARGED FOR CHECKING MY BALANCE…350 AND THEN WITHDRAWING MONEY IN THE SAME TTANSACTION 3.50 MORE. AND THEY DO NOT SPEC IFY OR IN ANY WAY STATE THERE WILL BE 2 FEES. AND THIS HAS HAPPENED ON SEVERAL OCCASIONS WITH MANY DIFFERENT ATM COMPANIES
I’m in California and my green dot checking account does the same thing $3 for the ATM and then the bank charges $3 and it won’t let you get through on the ATM to just withdraw it forces you to check your balance, and that’s another 50 cents.
I moved my business account with cadence bank as soon as Bancorp South merged with them because of things like this. I did however, receive a check for like $50 for the charges they over charged me, but I am certain the amount should’ve been much larger.
i have been dealing with the exact same thing
Think that is bad, I have BofA. They only have one bank in KY, Nowhere near me. When I have to use ATM, the cheapest I found was $3.50 charge, others charge $4,00. BUT, BofA charges me as well $2.50=which equals to $5.50-6.00 per transaction. Local Kroger grocer charges 50 cent fee for max of $100. I have Abound CU as well, which charges me a $1.00 if I use as debit on an ATM other than their own (which not many)