Lisa Mabary v. Home Town Bank, N.A.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Lisa Mabary filed a class action claim alleging that Home Town Bank violated the Electronic Funds Transfer Act 1 (“EFTA”) by failing to post an external notice of fees on its automatic teller machines (“ATMs”). While the suit was pending but before class certification, Congress amended the EFTA to eliminate the external notice requirement. 2 The district court dismissed Mabary’s claim and denied class certification. We REVERSE the dismissal of Mabary’s claim and VACATE and REMAND the denial of class certification.

I

On October 19, 2010, Mabary sued Home…