A Florida man alleges in a class action lawsuit against Fifth Third Bank that he, and many other people like him, have never filed for bankruptcy protection yet the bank notified credit agencies that they had, in violation of the Fair Credit Reporting Act.
Plaintiff Larry Frost says that as a result of the bank’s inaccurate “negative reporting,” the bank succeeded in making it difficult to obtain loans, jobs or credit with companies that look at credit reports prior to making a decision. Other issues noted in the class action lawsuit revolve around refinancing and student loans.
The Fifth Third Bank class action lawsuit is seeking damages under the FCRA and an injunctive order “directing the defendant [to] immediately delete all of the inaccurate information from plaintiff and plaintiff class’s credit reports and files and cease reporting false information to any and all entities to whom they report consumer credit information[.]”
Frost is seeking to represent all customers of Fifth Third Bank who were victims of negative reporting of inaccurate information, according to the class action lawsuit. Frost alleges that he is a typical member of that Class and has enlisted the help of a law firm with experience handling complex litigation that includes putative class actions.
This is the latest in a number of class action lawsuits that have been filed against Fifth Third Bank. A putative class action lawsuit filed in 2013 alleged that the bank assessed usurious interest rates on short-term advances to existing checking account holders in a practice that mirrored pay-day loan programs.
And earlier this month, Fifth Third bank reached a $4 million unpaid overtime class action settlement with its loan officer employees.
Frost is represented by class action lawyers Steven E. Martin, Jonathan M. Bierfeld, Dustin Michael Butler and Liridona Sinana of Martin Law Firm PL.
The Fifth Third Bank FCRA Class Action Lawsuit is Larry Frost v. Fifth Third Bank NA, Case No. 14-cv-00083, U.S. District Court, Middle District of Florida.
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7 thoughts onFifth Third Bank Hit with Class Action Lawsuit Over Unfair Credit Reporting
Fifth Third placed a Lien on my condo after I applied for a loan modification refinance of my home. To be approved for the loan we were asked to make three payments to fifth Third Bank but payments were not reflected in my payment history.
It appears that they kept the payment so that it would appear we were in arrears on our payments and therefore eligibille for a loan modification. I only recently discovered that a lien was also placed on the condo by the FHA. This was discovered only after I was investigating a sale or a home equity loan. We were never informed of this.
Does this situation fall under the class action lawsuit?
Mikel Gaither
I want to join in on this lawsuit. I purchased a vehicle in 2015 and due to the lower APR and down payment my husband and I decided to use them. We had not previously heard about them and thought it was a good idea to use them. Worst mistake of our lives. After paying on the loan each and every month for over 3 years Fifth Third Bank decided to repossess my car. We have always had credit that is great. Until now! We have now suffered a drop to our credit of 100 points and can’t get a loan at all! They also put a freeze on my credit so that nobody can check my credit. They have made everything difficult and still not admitting they ever put my car in repossession. They took $1600 of my money and never applied it to my account so that I could get my car back and they never applied it to my loan. They threatened me that my car would go up for auction within 24 hours if I didn’t pay the money. Please tell me if anyone has had a similar situation. These people are literally criminals and deserve everything coming to them. They have ruined us.
Oh YES! I have also been having Huge issues with this Unprofessional employees and bank itself.
They have threatened me. When I had No idea nor any kind of trying to contact, email, in no ways try to contact me, they “claim” that I was and still am Behind on my loan and by 6 ths so far. It comes directly out of my acct every month and about 20 day’s early.
When I had come across this, on Accident, I immediatly contacted them and from the very 1st couple of sentences I was being threatened to come reposs my car and put lien(s) against anything else for unpaid balance even after auctoned off along with legal fee’s.
Added a Extra Coverage for car Only Without my ackmpwledgement and for again 6 plus months then. I have been disputting these fees and late fees with the credit compainies because 5tth 3rd bank had Decreased my score by Over 150 plus in points and more evrey month. I have sent in documaentation, I have tried to work with them nicely.
Getting No where, I am really trying to find as Many people that this and similar incidents has affected them and esp not getting anywhere??
It is very hard to find a civil rights attorney that’s willing to go against when it’s only yourself and having to put up lots of money to hire them.
i now am on a lower source of income due to unforseen health issues and lower income than pevious.
This CRUMMY WORTHLESS Comapny is ruining what I have to even live on and probably will wnd up on the streets due to Not being Approved for Anything on Their Negliance!!
PLEASE, can we all Try getting some anwers regarding how they Continue to do everyone and Don’t care??!
I would like to join this lawsuit or file a separate one if more appropriate. I recently purchased an old car worth $5,000. My payments were only $109/month. The car salesman gave me a payment coupon book and the manufacturer’s manual upon drive-off. I typically get bills in the mail when I purchase a car or anything on installment, and typically pay online or set up for auto-debit as soon as I receive more information in the mail from the creditor. After a month of not receiving a bill in the mail from this creditor, I got worried and called them but never got a call back. This bank never sent me any bills or any notices of late payment. They never even sent me a notice that I would get repossessed. So on the 32nd day of my non-payment of $109, they paid a company $250 to repossess my car. I had to pay about $880 in penalties and fees which included a “repossession processing fee” and an “in-house bank collections” fee. I think all of this is just bogus “labeling” and are really disguised late fees and penalties about 500% of the amount due, in violation of California Usury laws and violates CA’s Unfair Business Practices Act. These guys are really Loan Sharks in disguise. Now they have reported to my credit agency that I was “substantially late” in payments and had a claimed repossession. My credit score dropped from 770 to 600!! With the negative notations, I am not able to get other loans, credit cards, rent a house, etc. This has caused me major emotional distress and financial loss!
Several weeks after asking for a payoff amount on a mortgage we have with 5/3, the bank we were working with suddenly nixed the Refi citing(information from consumer reporting agency) as one of three reason for their decision. With our credit scores at 742 and 747 we were puzzled for an answer until we received a letter from 5/3 stating Between October and December 2013 we inadvertently reported that you had filed for bankruptely to the four credit bureau reporting agencies….want to join class action suit. Please contact
I got a letter last year that they “accidently” reported that I filed bankrupcy last year which is false. I now get “Rescue” credit card applications in the mail and I get so angry I think to myself how much 5/3 deserves to get sued for this. I would LOVE to be a part of this Class Action Lawsuit. Please contact me to find out how I can be part of this.
I too am a victim. My husband and I have worked very hard in achieving a very high credit score I think it should be around 700. Fifth Third sends me a letter stating oops they told 3 credit agencies that I have filed bankruptcy, Even though they say they have corrected doesn’t make it right. They should have been more careful. Geez!