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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
UPDATE:
- The Court granted final approval to this settlement Sept. 8, 2021.
- Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Fifth Third Bank customers may be eligible to take home a share of a $5.2 million class action settlement.
The Class includes current and former Fifth Third Bank account holders who, between Jan. 1, 2010, and Oct. 31, 2018, were either assessed one or more non-Fifth Third ATM fees for making a balance inquiry at an ATM outside of Fifth Third Bank’s network of ATMs or were assessed more than one non-Fifth Third ATM fee for undertaking a balance inquiry during the same ATM visit as a cash withdrawal or other funds transfer.
Fifth Third Bank belongs to the Allpoint, Presto!, and 7-Eleven ATM network, which has more than “50,000 fee-free ATMs nationwide,” according to the bank’s website.
Fifth Third Bank also has more than 1,100 branches in 11 states: Florida, Georgia, Illinois, Indiana, Kentucky, Michigan, North Carolina, Ohio, South Carolina, Tennessee, and West Virginia.
A class action lawsuit had alleged Fifth Third Bank breached its contract with account holders through its assessment of non-Fifth Third Bank ATM fees for balance inquiries made on out-of-network ATMS. The bank also allegedly assessed more than one such fee when a balance inquiry and cash withdrawal or other funds transfer were made on the same ATM visit.
Fifth Third Bank denies all allegations of wrongdoing and says these fees do not breach its account holder contracts.
The bank and the plaintiffs have agreed to a settlement in order to avoid the costs and uncertainties associated with continuing the litigation.
Class Members will not need to take any action to receive a payment from this settlement. When the settlement is final, Class Members will automatically receive a payment or a credit on their account.
The amount of Class Members’ individual payments has yet to be determined.
The settlement fund will be used to pay administration costs, attorney’s fees, and other expenses, with the remainder to be divided by the total number of unique accounts.
Class Members who hold joint accounts will receive only one payment per unique account.
Each payment will be the same, regardless of the number of non-Fifth Third ATM fees assessed against a unique account for making balance inquiries on out-of-network ATMs.
A final approval hearing will be held July 8, 2021.
The deadline for consumers to object to or exclude themselves from the Fifth Third Bank settlement is June 8, 2021.
Who’s Eligible
Current and former Fifth Third Bank account holders who, between Jan. 1, 2010, and Oct. 31, 2018, were either assessed one or more non-Fifth Third ATM fees for making a balance inquiry at an ATM outside of Fifth Third Bank’s network of ATMs or were assessed more than one non-Fifth Third ATM fee for undertaking a balance inquiry during the same ATM visit as a cash withdrawal or other funds transfer.
Potential Award
To be determined.
- The amount of Class Members’ individual payments has yet to be determined.
- The settlement fund will be used to pay administration costs, attorney’s fees, and other expenses, with the remainder to be divided by the total number of unique accounts.
- Class Members who hold joint accounts will receive only one payment per unique account.
- Each payment will be the same, regardless of the number of non-Fifth Third ATM fees assessed against a unique account for making balance inquiries on out-of-network ATMs.
Proof of Purchase
N/A
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
N/A
Obection/exclusion deadline: 06/08/2021
Case Name
Carnell Smith, et al. v. Fifth Third Bank, Case No. 1:18-cv-00464 in the U.S. District Court for the Southern District of Ohio, Western Division
Final Hearing
07/08/2021
Settlement Website
Claims Administrator
Smith v. Fifth Third Bank Settlement Administrator
P.O. Box 43060
Providence, RI 02940-3060
1-866-644-99531
Info@fifththirdoutofnetworkbalanceinquiryfeelitigation.com
Class Counsel
Jeff Ostrow
KOPELOWITZ OSTROW PA
Andrea Gold
TYCKO & ZAVAREEI LLP
Jeffrey Kaliel
KALIEL PLLC
Robb S. Stokar
MINNILLO LAW GROUP CO. LPA
Defense Counsel
Julie Singer Brady
Ted T. Martin
Carrie Dettmer Slye
BAKER & HOSTETLER LLP
Read About More Class Action Lawsuits & Class Action Settlements:
49 thoughts onFifth Third Bank $5.2M ATM Fees Class Action Settlement
It appears that I won’t even be getting a cent from this settlement. Please, let me know.
Woo-hoo. Anyone understand what the point of sending out a bunch of 2.03 checks?? It prolly cost more for the materials and shipping than was given in the check. Waste of people time and life. 5.2 million. The lawyers probly got 5 million of it. Laughable.
I’m glad I’m not the only one mad about this $2.03 check
I received my settlement check this afternoon, This is Awsome! Thank you Jesus! An this postcard check looks cool to me?
Really … Thank you Jesus for $2.30: now those attorneys walked away with an awesome sum!! They are the only ones who make out in these class action suits.
I most hit the jackpot because mines was 6 whole dollars and a little bit of change. Mind you that I actually paid more In atm fees and overdrafts because of it.
I received my $2 credit to my account
I received my little $2.03 check today ??
REALLY… $2.03!!!
I also wanna thank fith third bank, Carnell Smith and Lenox Magee v. Administratior as well you all are Awsome!
The attorneys are paying you off right? I’m confused you either live in a 3rd world country & this is a lot of money to you or you have no idea that you can’t even buy a loaf of bread or a gallon o gas with this.
Looking for administrator contact info.
Does anyone know the lawyer name or number who is suing so we can call and inquire about the checks??
USPS Informed Delivery shows I have an envelope with the Smith v Fifth Third Bank Settlement Administrator address information as the return address. It is one of the envelopes that you have to fold along the perforated lines and tear to open, and I can see a serial number through the envelope along the bottom left corner. I believe it is the check, which is why I replying to your post. I was checking to see if anyone else had gotten one today since I am away from home and cannot get my mail out of the box until tomorrow.
Mine came today
Sure if you want $2 so bad
Does anyone know when we will receive a check for this?
When will fifth third bank class action lawsuit pay out?