10. Plaintiff was charged a fee by the ATM.  A redacted copy of the receipt issued to plaintiff is attached as Exhibit A.  11.      No notice stating that a fee would or may be charged was posted at or near the ATM.  Photographs of the ATM are attached as Exhibit B, 18.      This claim is brought on behalf of a class, consisting of (a) all persons  who used the ATM operated by Global Cash Network, Inc. at or around 1023 West Addison Street, Chicago, Illinois, 60613, (b)  and were charged a fee (c) during a period beginning one year prior to the filing of this action and ending 20 days after the filing of this action.  19. The class is so numerous that joinder of all members is impracticable.    20.      On information and belief, there are more than 50 persons who used the ATM operated by Global Cash Network, Inc. at or around 1023 West Addison Street, Chicago, Illinois, 60613,  and were charged a fee, during a period beginning one year prior to the filing of this action and ending 20 days after the filing of this action. 8  21.      There are questions of law and fact common to the class, which questions predominate over any questions affecting only individual class members.  The predominant common question is whether defendant’s ATM was posted with the notices required by law.  22.      Plaintiff’s claims are typical of the claims of the class members.  All are based on the same legal and factual issues.  23.      Plaintiff will fairly and adequately represent the members of the class.  Plaintiff has retained counsel experienced in the prosecution of consumer credit claims and class actions.  24.      A class action is superior for the fair and efficient prosecution of this litigation.  Classwide liability is essential to cause defendant to stop its  improper conduct.  Many class members may be unaware that they have been victims of illegal conduct.  WHEREFORE, plaintiff requests that the Court enter judgment in plaintiff’s favor and in favor of the class for: a.   Statutory damages; b.  Attorney’s fees, litigation expenses and costs of suit; c.  Such other or further relief as is appropriate. s/Daniel A. Edelman Daniel A. Edelman Daniel A. Edelman Cathleen M. Combs James O. Latturner 8. Within one year prior to the filing of this action, plaintiff conducted an electronic funds transfer at the ATM operated by Global Cash Network, Inc. at or around 1023 West Addison Street, Chicago, IL 60613.  9.  Any transaction carried out through an ATM is governed by EFTA.  The EFTA, 15 U.S.C. §1693a, provides: . . .  (6) the term "electronic fund transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions . . . .  