Brian White  |  February 5, 2021

Category: Banking News

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Fifth Third Bank OKs $5.2M Deal Over ATM Fees

Fifth Third has agreed to a $5.2 million settlement agreement over claims it charged customers extraneous ATM fees just for checking balances.

The $5.2 million will cover refunds to customers for those fees, according to the motion filed Wednesday seeking approval on the settlement from the court. 

One of the lead plaintiffs, Carnell Smith, took action in 2018 after being hit with fees twice on the same out-of-network ATM visit. 

His complaint was later consolidated with a similar lawsuit.

Both customers reported Fifth Bank was charging not only for balance inquiries but also if they withdrew cash on the same ATM visit. 

Upon approval, the settlement covers class members who paid these extra ATM fees from Jan. 1, 2010 to Oct. 31, 2018. Any extra money left over would go to the Jump$tart Coalition for Personal Financial Literacy, according to the motion. 

A key part of this deal means potential class members won’t have to file claims to receive payouts. Fifth Third Bank will be reviewing bank records to find eligible customers. None of the remaining funds from the settlement will be returned to Fifth Bank. 

Fifth Third Bank isn’t the only financial institution facing legal action over extra ATM fees. 

Capital One just settled similar claims for $13 million in January, where customers were being charged an extra $2 on top of the out-of-network fee for checking account balances. 

Washington state banks and credit unions are currently being accused of charging ATM fees in a lawsuit alleging violations of the Electronic Funds Transfer Act, a relevant federal law. 

 Do you hold an account with Fifth Third Bank? Were you charged ATM fees for checking your balance at an ATM that was out of the bank’s network? Let us know in the comments below.

Counsel representing the plaintiffs in this class action lawsuit are Jeffrey M. Ostrow, Jonathan M. Streisfeld of

Kopelowitz Ostrow Ferguson Weiselberg Gilbert; Hassan A. Zavareei, Andrea R. Gold of Tycko & ZavareeiLLP; Stuart E. Scott of

Spangenberg Shibley & Liber LLP; Jeffrey D. Kaliel, Sophia G. Gold of Kaliel PLLC and Robb S. Stokar of Minnillo Law Group Co. LPA.

The Fifth Third Bank ATM Fees Class Action Lawsuit is Carnell Smith, et al. v. Third Fifth Bank, Case No. 1:18-cv-00464, in the U.S. DistrictCourt for the Southern District of Ohio.

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39 thoughts onFifth Third Bank OKs $5.2 Million Deal Over Double ATM Fees

  1. julio rodriguez says:

    I was mentally ill and went on a shopping spree after telling Fifth Third to block my card against overdraft fees it went over $1,200 and I tried to explain it to him and they did not want to hear it now they’re reporting me to the Credit Bureau

  2. Linda Maynard says:

    Have not seen any money

  3. Randall says:

    What is $ 2.03 out of 5 million
    We’re getting screwed!! Someone needs to do something about this

  4. Mitch says:

    Wtf is $2.03 I was charge more than $2 plus I just received this last week

  5. Dominique d burt says:

    And I didn’t get any kind of notification that I was in the class and I sure didn’t get the true amount that I am really entitled to 313 3064026 holland mi someone please talk to me because I was over charged for a fact at least a 4 thousand or more and thas a fact 4 dollars is way off

  6. Dominique d burt says:

    I received a check for 4.06 mf cents and I know and remember also being over charged for way more than that

    1. Keltie says:

      The lawyers make $. Don’t care what we get. They got a couple million. 40% I read.

  7. Abbie J says:

    Just got 2 $2.03 checks that doesn’t even cover the fees paid

    1. D. Simpson says:

      Ive Also Reviced This As Well … $2.03

      1. Dunte Jamaine Simpson says:

        I’ve Also Received This As Well

        1. Denise ebers says:

          Add me

  8. Vicky hackney says:

    Please call me I have questions 304-444-5445

  9. Rodney tingler says:

    Add me

  10. Donnitra Garcia says:

    I have an account with Fifth Third and recieved a card in the mail stating I am a member of the Settlement Class.

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