A proposed class action lawsuit alleging Citizens Bank violated the Electronic Fund Transfer Act has survived a motion to dismiss in federal court.

U.S. District Judge Nora Barry Fischer of the Western District of Pennsylvania agreed with the plaintiff, Osmani Alicea, that his claims that the bank failed to properly notify ATM users of a $3 fee are sufficient to bring a suit. Fischer wasn’t persuaded by the bank’s argument that Alicea lacked standing and hadn’t sufficiently alleged an injury in fact.