Sovereign Bank Sovereign charge insufficient funds fees when ATM balance shows as positive. Lawrence Massachusetts

If the ATM tells you that you have money available, then is it legal for the bank to charge an insufficient funds fee for that transaction?

When I brought my receipts and documentation to the clerk at the Reading, MA Branch of the Sovereign Bank, the clerk told me that the Bank reserves the right to re-order the transactions. That the fees would not be reversed.
But aren't the ATM receipts a legal document?


Here are some examples from my own account.


ATM receipt
Dec 20: 2 ATM cash withdrawals leaving a positive balance on the ATM receipt.

Mini-Statement issued at the ATM on Dec 29:
Dec 20: 1 of the ATM withdrawals from above is shown, no fee following.
Dec 21: The only transactions for this day are:
The 2nd ATM transaction from above on Dec 20 per ATM receipt followed by a $33.00 insufficient fund fee.

The very next transaction was a deposit on 12/24.

My question: The last transaction prior to the deposit was the ATM withdrawal showing a remaining positive balance, and so why the fee?

=============Next example================


Jan 2: ATM cash withdrawal leaving a positive balance on the ATM receipt.

The monthly statement shows:
Jan 2: One check cashed, followed by an insufficient funds fee.
THEN the ATM withdrawal followed by an insufficient fund fee.

The very next transaction was a deposit on Jan 3.

My question: Why the fee on the ATM transaction which stated a positive remaining balance? And why the fee on the check if the next ATM transaction still showed a positive balance?

============== Next example ===============

ATM receipt
June 9: ATM cash withdrawal leaving a positive balance on the ATM receipt.

Mini-Statement issued by the ATM on June 15:
June 9: Check cashed and 4 ATM withdrawals. (None of them are the same amount as the June 9 ATM withdrawal receipt above). No fees for any of these transactions.
June 10: ATM withdrawal (from June 9 ATM receipt showing money avail after withdrawal.) followed by an insufficient fund fee.

The very next transaction was a deposit.

----My question. If the check cleared on June 9 along with ATM withdrawals, without a fee per the mini-statement, and the ATM receipt of June 9 showed a remaining positive balance, why the insufficient fund fee following the ATM withdrawal?

================= Next example==========
4 ATM receipts:
June 14: 2 ATM withdrawals with positive balance available afterwards. (on the ATM receipt)
June 15: 1 ATM withdrawal with positive balance available afterwards.
June 16: 1 ATM withdrawal with positive balance available afterwards.

Mini-Statement issued by ATM on June 19:
June 16:
2 ATM withdrawals from above matching the June 14 ATM receipts (no fee following)
1 ATM withdrawal from above matching the June 15 receipt followed by $33.00 fee.
1 ATM withdrawal from above matching the June 16 receipt followed by $33.00 fee.

---My question: If the ATM reported a positive balance following the withdrawals, why the insufficient fund fees?


If the ATM tells you that you have money available, then is it legal to charge an insufficient funds fee for that transaction?

AJ
Methuen, Massachusetts
U.S.A.