Asked by Mardaysha Williams on Jun 06, 2024

verifed

Verified

What was the court's ruling in Fambrough v. Wal-Mart Stores, Inc., the case in the text regarding an effort by users of an ATM machine to recover fees charged when using the machine at Wal-Mart stores?

A) Since Wal-Mart posted a warning on the ATM machines that a fee will be charged, Wal-Mart was not liable.
B) Since Wal-Mart posted a warning on the ATM machines that a fee will be charged, Wal-Mart was protected by the Safe Harbor defense.
C) Since Wal-Mart employees could testify that a warning was posted on the ATM machines that a fee will be charged, Wal-Mart was not liable.
D) Since Wal-Mart employees had no personal knowledge of whether a warning that a fee would be charged was posted on the outside of the ATM machines, Wal-Mart was not protected by the Safe Harbor defense.
E) Although Wal-Mart employees had no personal knowledge of whether a warning that a fee would be charged was posted on the outside of the ATM machines, Wal-Mart was still protected by the Safe Harbor defense.

ATM Machine

An Automated Teller Machine is an electronic banking outlet that allows customers to complete basic transactions without the need for a branch representative.

Safe Harbor Defense

A legal provision that shields companies from liability under certain conditions if they can prove they acted in good faith or complied with specified regulations.

Fees Charged

The costs imposed by a service provider on its clients for the services offered.

  • Familiarize yourself with the guidelines related to the availability of cash, focusing on the timelines for fund accessibility post-check deposit.
verifed

Verified Answer

JK
Jessica KitchensJun 09, 2024
Final Answer :
D
Explanation :
The court ruled that Wal-Mart was not protected by the Safe Harbor defense because its employees had no personal knowledge of whether a warning about the fee was posted on the ATM machines.