First National Bank of Wahoo v. Charvat (U.S. Supreme Court)

Jarek Charvat used the defendant banks’ automatic teller machines after accepting an on-screen notice that he would be charged a fee before being allowed to complete his transaction. Even though he knew about the fees, he sued the banks for statutory damages under the Electronic Funds Transfer Act because the machines lacked a physical notice of fees pasted onto the outside of the machines. The Eighth Circuit held that the injury-in-fact requirement for Article III standing is satisfied by an “informational injury” for lack of the physical notice. We were retained by the banks to seek certiorari on the question whether a violation of a technical statutory duty—without more—is sufficient to satisfy the injury-in-fact requirement and permit private suits to enforce the statute.