A three-judge panel for the Ninth Circuit for the U.S. Court of Appeals has affirmed a lower court’s holding that customers do not have standing to bring an antitrust lawsuit against banks for ATM fees. The plaintiffs claimed that banks such as JP Morgan Chase, Wells Fargo, and Bank of America colluded over ATM interchange fees that were then passed on to consumers withdrawing funds at foreign ATMs. The lower court and the Ninth Circuit both held that the plaintiffs lacked standing because they are indirect purchasers who did not pay the interchange fees.
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