Facts

Carnell Smith and Lenox Magee initiated a class action lawsuit against Fifth Third Bank on behalf of themselves and other bank customers.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants charged them ATM fees for checking their account balances on non Fifth Third Bank ATMs. Defendant also charged an additional balance check fee when charging plaintiffs a surcharge for using non Fifth Third Bank ATMs. Plaintiffs also contended that defendant was not authorized to charge those fees under their account agreements. Thus, defendant was liable to plaintiffs for the amount of fees charged for checking their balance.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions but agreed to settle the claims in lieu of further litigation.

Result

The total settlement fund was for $5.2 million and each member of the settlement class was entitled to an account credit in the amount of fees assessed against them.

Other Information

JUDGE: Hon. Douglas R. Cole. MAGISTRATE JUDGE: Hon. Stephanie K. Bowman. MEMBER CASE: Lenox Magee v. Fifth Third Bank; Case No. 1:18-cv-722