Buechler v. Your Wine & Spirit Shoppe, Inc., 846 F. Supp. 2d 406

Buechler sued YWWS alleging an EFTA ATM notice violation for a $2 ATM fee.
ATM was at YWWS’s Woodstock, Maryland store; Buechler did not hold an account with YWWS.
No notice of the $2 fee was posted at the ATM at the time of the August 6, 2011 transfer.
Attorney letter on August 23, 2011 offered settlement with draft complaint; YWWS responded with refund and claim of safe harbor on September 2, 2011.
Plaintiff filed suit on November 16, 2011; amended complaint adjusted party name and recitals.
Court granted summary judgment to YWWS, held §1693m(e) safe harbor applies to non-financial-institution providers, and found no bad-faith basis; damages proof insufficient to defeat the motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Scope of EFTA safe harbor §1693m(e)	Buechler argues §1693m(e) applies only to financial institutions.	YWWS contends §1693m(e) covers non-financial institutions that provide EFT services.	Safe harbor applies to non-financial institutions like YWWS.
Compliance with §1693m(e)’s three elements	YWWS did not show an appropriate adjustment or payment of actual damages.	YWWS reimbursed $2 and notified failure; adjusted account; pre-suit settlement efforts.	YWWS satisfied the three elements; no liability.
Bad faith or harassment finding	Case shows improper conduct or harassment for filing suit.	No bad faith; case involved unresolved legal questions.	No bad faith award of attorney’s fees.

Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (burden on movant to show absence of genuine disputes)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (genuine dispute of material fact required for trial)
Adickes v. S.H. Kress & Co., 398 U.S. 144 (1970) (scintilla standard; evidence must create genuine issue)
Scott v. Harris, 550 U.S. 372 (2007) (facts viewed in light most favorable to non-moving party)
Iko v. Shreve, 535 F.3d 225 (4th Cir. 2008) (summary judgment standard applied in Fourth Circuit)