Fifth Third Bank $5.2M ATM Fees Class Action Settlement

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

CLICK HERE TO FILE A CLAIM »

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

FifthThirdOutOfNetworkBalanceInquiryFeeLitigation.com

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

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