I used a third party ATM that was not affiliated with my bank. I withdrew $200 and for whatever reason, it never dispensed my money, but the money and transaction fee was drawn from my bank account. I contacted the owner of the ATM, and they said I would need to contact my bank. I contacted my bank and they have said I need to contact the owner of the ATM. Neither party will help me, so now I plan to sue in small claims court. Do I sue my bank, or the owner of the ATM. My friends have suggested I sue my bank as the ATM was acting as an agent of my bank. I am reluctant to sue the bank as my contract with them states I must sue them in Ohio. I believe I need to sue the owner of the ATM, as they are the ones I did business with, and the owner is in my state.
Who should I sue, and legally why should I sue that party?
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Who Is Responsible, Atm Owner, Or My Bank?
Posted on March 14, 2013.
The ATM and store it was in.
The ATM Owner.
His machine malfunctioned (hopefully it wasn’t on purpose) and cost you money. The bank is not at fault because they received a notice from the ATM stating that it was giving you money and they followed up by removing that money from your account.
The responsibility is shared between the retailer and the ATM company.
First, did you contact the card company (Visa, MasterCard etc.). Visa or MC could help you resolve this, but if they don’t
Sue the owner of the ATM. The machine is his.
The money removed from your account was simply a transfer your bank made to his bank to replace the money he was supposed to give you. The ATM owner cheated you not your bank.