July 12 (Reuters) - Citigroup ( C/PN ) asked a U.S. judge

to dismiss a racial-discrimination lawsuit that claims the bank

violated federal civil rights law by waiving ATM fees for

customers of minority-owned banks.

The third-largest U.S. bank had been sued in May by two

Florida customers, Werner Jack Becker and Dana Guida, who do not

bank with Citigroup ( C/PN ) and were charged fees for using its ATMs.

Their proposed class action objected to Citigroup's ( C/PN ) policy

since 2016 of waiving out-of-network ATM fees for customers of

minority-owned banks and credit unions, while charging customers

whose banks were owned by people of the "wrong race."

The fees are typically $2.50 per withdrawal, according to

Citigroup's ( C/PN ) website.

In a filing late on Wednesday in Fort Lauderdale, Florida

federal court, Citigroup ( C/PN ) said its ATMs do not know users' race,

meaning that race did not matter when it charged fees.

The New York-based bank added that Becker and Guida are not

contractually required to use its ATMs, and did not show their

own banks were treated unequally. It said civil rights law was

not a "remedy for all racial injustice."

Lawyers for the plaintiffs did not immediately respond to

requests for comment on Friday.

The plaintiffs are represented by Consovoy McCarthy, which

often argues conservative causes, and in 2023 persuaded the U.S.

Supreme Court to reject race-based college admissions programs.

Citigroup ( C/PN ) said its ATM fee waivers are part of an effort to

expand banking access in communities of color. It disputed that

the program has race-based eligibility criteria, and said 14 of

the 50 participating lenders are not "minority-owned."

The case is Becker et al v. Citigroup Inc ( C/PN ), U.S. District

Court, Southern District of Florida, No. 24-60834.