5.10  Plaintiff and members of the Class were each users of the ATMs since the date one  year prior to the filing of this action.     5.11  Plaintiff and each member of the Class were illegally charged ATM fees as a result  of Defendant's failure to comply with the ATM fee notice requirements of the  5.1   Plaintiff brings this class action on behalf of himself and all other similarly situated  persons pursuant to Rule 23 of the Federal Rules of Civil Procedure.   5.3   Congress expressly intended “that the EFTA would be enforced, in part, through  private class actions.” 15 U.S.C. § 1693m(a).    5.4   Plaintiff is informed and believes, and thereon alleges, that there are at minimum,  hundreds of members of the Class.   5.5   The exact size of the Class and the identities of the individual members thereof are  ascertainable through Defendant's records. Defendant has exclusive control of this  information.   5.6   Members of the Class may be notified of the pendency of this action by techniques  and forms commonly used in class actions, such as by published notice, e-mail  notice, website notices, first class mail, or combinations thereof, or by other  methods suitable to this class and deemed necessary and/or appropriate by this  Court.   5.7   Defendant can generate data for its ATMs identifying each transaction in which a  fee was charged. The data will include the date of the transaction, the amount of the  fee and the persona1 account number ("PAN") for the consumer. The PAN includes  a bank identification number ("BIN"). This information can be used to identify class  members.    5.8   The Class is sufficiently numerous to make bringing all parties before the Court  impractical.  