NAC is pleased to inform you that the U.S. Supreme Court has issued an important Ruling summarily denying VISA/Mastercard’s appeal via Certiorari. The V/MC Petition sought SCOTUS’ review and reversal of the District Court’s grant of Class Certification to the ATM Operator Class and the two ATM Consumer Classes. (The federal DC Circuit Court of Appeals had previously affirmed the federal District Court's award of Class Certification.)
This is a significant victory and step forward in the case – finally clearing the way for us to go to trial and have our day in court! NAC’s legal team did an excellent job in its Opposition Brief on behalf of the ATM Operator Class. NAC thanks lead Counsel Jonathan Rubin and his exceptional legal team at MoginRubin LLP for their ongoing dedication and exemplary efforts on our behalf.
The Global Payment Networks are presently seeking additional burdensome and unnecessary discovery from the named plaintiff ATM Operators (long after the time for Discovery has been ended by the Court). We view these efforts as unfounded harassment, and Class Counsel will continue to oppose such improper actions.
In addition to addressing this latest Discovery skirmish, Class Counsel remains focused on securing expedited scheduling for the trial. Please stay tuned for further developments during this critical final phase of the litigation.
This twelve-year long battle on behalf of all U.S. Independent ATM Operators is but one example of NAC's continuing advocacy efforts to improve and enhance the business climate for our industry sector. To continue its vital work for ATM Nation, it is more important than ever that all Independent ATM Operators join NAC and be part of ATM Nation's grassroots network - to promote the interests of America's entrepreneurial ATM Operators. Please join NAC today!
Bruce Renard
Executive Director
The National ATM Council, Inc.