CHARVAT v. MUTUAL FIRST FEDERAL CREDIT UNION

Nos. 12-2790, 12-2797.

725 F.3d 819 (2013)

Jarek CHARVAT, Individually and on behalf of all others similarly situated, Plaintiff-Appellant v. MUTUAL FIRST FEDERAL CREDIT UNION, Defendant-Appellee Jarek Charvat, Individually and on behalf of all others similarly situated, Plaintiff-Appellant v. First National Bank of Wahoo, Defendant-Appellee United States of America Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 2, 2013.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Deepak Gupta , of Washington, DC. The following attorney(s) appeared on the appellant brief; Tracy Hightower-Henne , of Omaha, NE., Michael P. Lewis , of Washington, DC., Earl N. Mayfield , of Washington, DC, Deepak Gupta , of Washington, DC, Gregory A. Beck , of Washington, DC, Jonathan E. Taylor , of Washington, DC.

Counsel who presented argument on behalf of the appellee was Kenneth W. Hartman , of Omaha, NE. The following attorney(s) appeared on the appellee First National Bank of Wahoo brief; Kenneth W. Hartman , of Omaha, NE. The following attorney(s) appeared on the appellee First Federal Credit Union brief; Monica L. Freeman , of Omaha, NE, Todd W. Weidemann , of Omaha, NE.

The following attorney(s) appeared on the amius brief of United States of America in support of appellants; Michael Jay Singer , Civil Division, Washington, DC, Christine N. Kohl , Civil Division, Washington, DC.

Before RILEY, Chief Judge, MELLOY and SHEPHERD, Circuit Judges.


SHEPHERD, Circuit Judge.

Jarek Charvat brought putative class actions against two Nebraska banks, Mutual First Federal Credit Union ("Mutual First") and First National Bank of Wahoo ("First National") (collectively, "Appellees"), alleging violation of the Electronic Fund Transfer Act ("EFTA"). See 15 U.S.C. § 1693. The district court dismissed both of Charvat's suits for lack of standing, and he now appeals. We reverse.

I.

In early 2012...

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