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Fifth Third Bank Overdraft Fee Class Action Settlement Approved By Federal Court

Federal Court Grants Final Approval Of Fifth Third Bank Overdraft Fee Class Action Lawsuit Settlement.

A federal judge has granted final approval to a class action settlement of a class action lawsuit against Fifth Third Bank (“Fifth Third Bank” or “Fifth Third” or “Defendant”) in the United States District Court for the Northern District of Illinois (styled Shannon Schulte, et al. v. Fifth Third Bank, Class Action Case No. 1:09-CV-06655), alleging that Fifth Third Bank improperly assessed them Fifth Third Bank customers overdraft fees for insufficient funds on debit card purchases and ATM withdrawals by “re-sequencing” transactions in order to maximize the number of Fifth Third Bank overdraft fees, according to the Memorandum Opinion and Order of Judge Robert M. Dow, Jr. in the Fifth Third Bank overdraft fee class action lawsuit settlement.

If You Have Thoughts On The Fifth Third Bank Overdraft Fee Class Action Settlement, Share Your Class Action Comments Below.

{ 128 comments… add one }
  • D. Tharp August 3, 2011, 5:39 pm

    When will we recieve our settlements.

    • Terry February 6, 2012, 9:19 am

      Have you seen any cash yet????

      • Sarah February 28, 2012, 1:50 pm

        I read somewhere about a month ago that they were supposed to notify ineligible people by mid January and then have checks issued and mailed by 2/29 to those eligible. Today is 2/28 and I have received nothing…

    • robbie March 8, 2012, 11:08 am

      I got a check in the mail this week!! It had a letter attached indicating people would be receiving a ‘pro rated’ refund based on the number of people who got hosed divided by the amount they stole from us multiplied by the dollar amount they settled on….

      Not exactly in those terms but that basically says enough.. i was shocked and happy to get ANYTHING from them… funny when i was their customer they wouldn’t give me one red cent….

      • Kelli March 8, 2012, 10:02 pm

        I got a check too, but it says for deposit only. Can I deposit it at my new bank, I closed my 5/3 account a while back…

  • uchenna e okwudili August 4, 2011, 11:04 am

    Yeah, when will the disbursement start? Enough time has been wasted already.

  • M. Henderson August 6, 2011, 3:26 pm

    Do we get double for our trouble from this fifth third settlement? Many of us are still getting harassing calls from third party collection agencies because of fees left behind when we joined other banks due to those ridiculous charges. Should we at least get more than what we filed for?

  • john smith August 8, 2011, 7:51 am

    If you look at it the overdraft settlement document (july 29th, 2011) on the website it states that each class action member is to get $1,000 and the lawyers get $3.1 million. When the class action members get the money and exactly what designates someone a member of the class action I do not know.

    • uchenna e okwudili August 8, 2011, 1:51 pm

      To become a class action member, you must be an account holder within the stipulated time of the overdraft charges, your account must be accessed with overdraft fees within same stipulated time, and you must submit a claim (form) on or before the second day of May 2011.

    • Eric S. August 11, 2011, 12:00 pm

      The settlement does not award $1,000 to members of the class… it awards $1,000 to the two class representatives. Your settlement will be awarded based off your actual loss due overdrafts caused by re-sequencing (aka what you submitted on your claim form). If you have not submitted a claim form, you are not a member of the class, nor will you be able to join. The court has entered it’s final judgement.

      • koolmommi September 20, 2011, 10:45 am

        I understand what you are saying, after reading hours of documents, I have a much better understanding of the banking system. My question is; I saw that we were not to be charged for looking at the statements, but after speaking with the branch manager I found out that we were misinformed. They were charging $5.00 per peice of paper. Since I am unemployed, I felt I could not afford that and did what the manager said and that was to file my claim because they would look at them anyway. So I am thinking I am shit out luck on this, huh?

        • EVELYN BARTON September 21, 2011, 2:22 am

          Someone needs to check fifth third out because they are still doing this.I just went around with them on Sept 19 for doing the same exact thing. Look really close, because nothing has changed with them. I don’t know who to contact or I would report them myself.

          • Gena November 29, 2011, 9:26 am

            You are right, it has not changed they are still doing the same thing taking out the largest amount first then bouncing the rest. I was bounced because I had to void a check and the check went through twice.

    • Cindy August 12, 2011, 6:50 am

      No, what it said was the TWO people who filed the suit get $1,000, the rest of us get a %.

  • Joseph August 16, 2011, 3:50 pm

    Cindy and Eric S are correct. Only the two class representatives get 1,000.00

  • Mike August 18, 2011, 3:24 pm

    Has a date been set for disbursements and is there a site that list payments by confirmation code?

  • Anthony August 22, 2011, 10:37 am

    well they have up to 90 days after judgement to start paying out. and after lawyers get their 3 mil and the reps get their 1000. they will split the rest between the others. which my understanting is about 60.00 each. cause it’s 6 mil left. and it is over 1 mil claims.

    • Anthony August 22, 2011, 12:44 pm

      oh since the final judgement was approved 7-29 then you should get your 60 dollars or less within 30 days or so big deal

    • PIGEON August 23, 2011, 1:09 pm

      The amount of claims was 100k – not 1 million. Claimants can receive up to 3 times the amount on their claim form

      • Joe August 27, 2011, 6:30 am

        There will not be a list of claims. 100,000 claims filed. Must have been in one 45 day period. No-one will recieve three times the claim amount. There just are not enough funds. It only said “up” to if funds available. All 100,000 claims won’t be valid. They will also try to eliminate as many claims as possible if you provided invalid info or made mistakes etc…

  • tawanna August 24, 2011, 12:19 am

    Will there be a list of names available on line in which check s will be disbursed to???

  • j August 24, 2011, 12:46 am

    Did anyone receive any type of confirmation after they sent in their claim paper work???

    • Sharon August 25, 2011, 7:27 pm

      No, I haven’t received any information regarding my claim. I submitted mine online not via the mail. Has anyone else received a confirmation?

      • Bill August 27, 2011, 4:08 pm

        I received a confirmation number when I submitted mine

    • michelle December 5, 2011, 2:24 am

      I also received a confirmation number

  • Walt August 24, 2011, 1:36 pm

    I want my money NOW. Look at the interest they are making holding our money.

  • Anthony August 27, 2011, 8:04 pm

    well if a receive anything confirmation,check. i will post.

  • Olga August 28, 2011, 2:22 am

    the class action should be much larger. These bastards have really hurt the public, I originally took mine to an attorney,my total was exorbident. They literally wiped out my social security check, I was sick and in the hospital. Then they said I owed them an additional 153.00 I told them to drop dead, so they turned it over the credit bureau so if I want to open an acount like at the credit union, the credit union denies me an account until the 153.00 is paid. FIFTH THIRD BANK HAS A LICENSE TO STEAL, AND THE GOVERNMENT AND THE BANKING INDUSTRY GIVE THEM CARTE BLANCHE TO STEAL AND RIP OF THE PUBLIC. THIS IS A REAL TRAGEDY. OH, BY THE WAY THE BIG BANKS ARE STILL RUNNING THE CHECKS/ELECTRONIC CKS WITH THE LARGEST AMOUNT FIRST, THEY ARE STILL CHANGING THE SEQUENCING. THEY ARE NOT PAID AS THEY COME IN so if you have say 2 checks presented and one is 10.00 and the other is 90.00
    and your balance is 80.00 they will present the 90.00 and charge you $35.00 overdraft and then charge you another $35.00 for the 10.00 chk. Bye…Bye $$$$$$$$$.(70.00) in O/D Fees. THIS IS STEALING
    YEARS AGO, IF YOU DID THIS KIND OF CRAP YOU WOULD HAVE GONE TO JAIL, I KNOW I WORKED AT A BANK, YOU ALWAYS PAID ALL THE SMALL CHECKS AND RETURNED NSF IF THERE WAS NO FUNDS TO PAY THE LARGER ONES AND OF COURSE CHARGED O/D FEES FOR THE CHECKS YOU RETURNED.
    BUT WHAT THEY ARE DOING NOW IS STEALING AND MANIPULATING THE SYSTEM, SETTING UP THE COMPUTERS TO RESEQUENCE ALL CHARGES AT THE END OF THE DAY. I ACTUALLY READ THIS IN THEIR PAMPHLET – ITS IN FINE PRINT AND YOU CAN HARDLY SEE IT. CHASE, BANK OF AMERICA, FIFTH THIRD ETC. THEY NEED TO BE STOPPED.
    THANKS FOR READING MY POST.

    • carmela hilton January 11, 2012, 7:33 pm

      I feel so bad for you Olga. I went through the same thing with these criminals. They can do it. I was negative in the back 98 cents and they charged me over 200 dollars. I wonder if the bank employees split the fees????

  • sue August 29, 2011, 2:03 pm

    they still can file appeals and hold this up for months and ya they held my child support direct deposit for a day so they could take $230 from my account.and this is like the lawnmower settlement we were promised $75 for a riding mower and $35 for a walk behind and out of the $140 i should have got i received $40

  • Bill August 30, 2011, 11:35 am

    How long does fifth third have to file any appeals?

    • sue August 31, 2011, 4:48 pm

      all i know is the lawn mower settlement had final approval in aug.2010 and they didn’t start sending out money until may 2011

  • Anthony August 30, 2011, 11:56 am

    on the other comment website. one person said that on 8-24-2011 she called the lawyer in chicago, and they said that someone else has appealed the case so it will take longer for what ever to happen, happen. i had assumed that the final judgement has been made no more appeales. its all confusing. no one really knows what really is the facts here. we need to hear from the atterneys. or some kind of notification directly. not anymore assumptions. i emailed the lawyers in chicago on the case. and waiting for a reply on something specific.

  • phillip manny August 30, 2011, 1:59 pm

    What are you guys talking about? Seriuosly, some of the stuff you guys are complaining about is sickening. Who are these Sue and Olga characters? Are you guys serious?

    • carmela hilton January 11, 2012, 7:37 pm

      Fifth Third Bank stole their money just like they stole mine. Didn’t the do the same to you? They have a right to complain.

  • lashun mitchell August 31, 2011, 9:37 pm

    I think we should get all we deserver for waiting so long for this case a least about 5.000 a piece are money they got the money to paid us we paid taxes don’t we all ok

  • lashun mitchell August 31, 2011, 9:39 pm

    I think we all deserver at least 5.000 are more for waiting so long we paid taxes don’t we all ok

  • Isaac Weldon September 1, 2011, 9:35 am

    Where is our money? Who Can we call or email or snail mail to find some answers. I think we should file a “SLOW ACTION LAWSUIT’ LOL

  • uchenna okwudili September 1, 2011, 12:52 pm

    I just spoke to somebody in the lead attorney’s Chcago office and she said that nobody knows when the disbursement will begin.

  • joe September 5, 2011, 7:32 am

    I don’t understand people. This lawsuit was spelled out very clearly. I am just as upset. I lost money. They are not going to tell you anything. It is being appealed. Nobody is going to get much money back. It is the nature of class action lawsuits. If you filed a claim; you CANNOT sue fifth third again whether you agree with the settlement or not. Don’t count on it. Everyone will be lucky to get 5 or 10 dollars.

  • joe September 5, 2011, 3:25 pm

    Very little money coming to anyone folks. Hope nobody is counting on a windfall. Isn’t going to happen.

  • Debra September 14, 2011, 12:15 pm

    Also talked with the attorney in Chicago. Case has been appealed and is now delayed for an indefinite period of time. Has not been assigned a initial hearing date at the Appellate court. Could be another 6 months to 1 year. With additional court costs, attorney fees, etc. the amount that each legitimate claimant will receive, will be deminshed further if the $9.5 settlement total remains the same. As the final settlement was recorded, the amount that would be paid to each approved claimant will be approx $35.00-$55.00 based the current funds and the 100,000+ claimants that have filed. Forget about getting anything from Fifth-Third. If you do get anything it will be a miracle.

    • joe September 15, 2011, 6:56 am

      Good post Debra; maybe people will finally come to the realization that class action lawsuits never end with big money coming to them. I knew this from the beginning; and only filed to let my voice be heard. All of these people I’ve seen on the blogs for months thinking they are coming into big money might now face reality. It’s not fair; but it’s the way it is.

      • Brian S September 15, 2011, 11:35 am

        Kill all the lawyers. They are the ONLY ones (other than 5/3) who will win from this.

        • carmela hilton January 11, 2012, 7:39 pm

          The attorneys always win and collect the money.

  • sue September 18, 2011, 6:00 pm

    nobody cares about us and ive been screwed over too many times i can cash my check at the grocery store for 5$ and to hell with fifth third

  • Crisco Christopher September 20, 2011, 12:59 am

    What is the real life status of our settlement checks?!? When can we expect to receive them?!?

  • Sunny September 20, 2011, 1:11 am

    I think too something should be done aboout these settlement cases that are won and the parties injured get so very little. Our overdraft charges truly damaged my credit and had to absorb fees on the other end when bank also decided not to pay out. I know the attorneys involved worked very hard and deserve paid for the long hours of work but we too need to get paid what is owed to us and thn some for the damages they caused us. Doesn’t seem right to join the case and they win and get paid but we get only what is left…crumbs. If we didn’t show all our damages of overdrafts they would not have anything to win??
    Well, live and learn. I pray for all of us to get what we loss back and tripled and maybe a good sum more for all the time and damages.
    I didn’t see any new filing on their site. I read there was an issue but resolved and it was dtermined finaal?? Then they had to wait 30 days for any appeals and read it was final. So I believe they have 90 days from that 30 day period so up to late November to have all claims paid. Let me know what document you see if their is anything new, okay. All the best to all! Best regards, Sunny

  • Joe September 21, 2011, 7:03 am

    This will be my last post on this. Particularly to Crisco and Sunny. I mean no offense to either of you. As Debra said; the case is being appealed. With so many claims very LITTLE money will come anyone’s way and it will be at least six months to a year because of the appeal. It’s not fair; but it’s the way class action lawsuits work. I would forget about it. My brother is an attorney and says no-one comes out of class action lawsuits with big money except the lawyers. My best to all of you who lost money like I did.

  • Susan Dykes September 26, 2011, 4:25 pm

    I have read all of the comments????and have to agree, very little $ will come of this! But I just received a call from a collection office, on my 5th and 3rd account, after I paid 3 pay checks in over draft fees, and they were the reason for the 1st over draft…..,I stopped my direct deposit….I had to feed my kids and pay the bills! So any way that idiot from collections told me the case was close and I should have heard from someone if I was involved in the case, after reading the comments I got what all of you received and confirmation and all….So I knew the idiot was a joke today….I told him I would have to call my Lawyer, and that I owed them nothing! But he was trying to get me to settle…..Dont settle, dont agree to pay more than you already have!!! I figured I paid them over $3000/in over draft fees and they caused me to have this hanging over my head, and they are saying I owe them $750/more????? I had direct deposit, could not use my account for 3 weeks????They took all my $ and I owe them….So any way because they are fighting this they are going to try to collect if you owe them, dont settle!Oh and by the way they have not ever tried to collect on what they say I still owe until today? and the idiot on the phone said I had to give him my Lawyers name, and # because this was my 1 and only chance to get this settled? When I asked for that in writting he refused?????Said I had no rights……So I TOOK HIS NAME AND #….AND HUNG UP! Good Luck Everyone!

  • Debra September 30, 2011, 1:38 pm

    They have finally posted the information about the Appeal in the Fifth Third Settlement. There are 3 separate appeals that have been filed in this case and all 3 will have to be heard seperatly:
    Cases filed in the Seventh Circuit Court of Appeals matching “shannon Schulte”
    Northcoast Mattress & Recyling, et al v. Fifth Third Bank
    Filed: August 26, 2011 as 11-2964 Updated: August 29, 2011 22:23:40
    Plaintiffs: MARLENE WILLARD and SHANNON SCHULTE, on behalf of herself and all others similarly situated
    Appellant: NORTHCOAST MATTRESS & RECYLING, LLC, an Ohio limited liability company, non-named member of the Class
    Defendant – Appellee: FIFTH THIRD BANK
    Court: Seventh Circuit > Circuit Court
    Type: Contract > Other Contract Actions
    Shannon Schulte, et al v. Fifth Third Bank
    Filed: August 26, 2011 as 11-2963 Updated: August 29, 2011 22:23:40
    Plaintiffs: MARLENE WILLARD and SHANNON SCHULTE, on behalf of herself and all others similarly situated
    Appellant: LAURA K. KANNAPEL
    Defendant – Appellee: FIFTH THIRD BANK
    Court: Seventh Circuit > Circuit Court
    Type: Contract > Other Contract Actions
    Michelle Keyes, et al v. Fifth Third Bank
    Filed: August 23, 2011 as 11-2922 Updated: August 23, 2011 22:23:08
    Plaintiffs: MARLENE WILLARD and SHANNON SCHULTE, on behalf of herself and all others similarly situated
    Appellants: AMANDA RATLIFF, objector, MICHELLE KEYES, objector and VERDEL RATLIFF, objector
    Defendant – Appellee: FIFTH THIRD BANK
    Court: Seventh Circuit > Circuit Court
    Type: Contract > Other Contract Actions

  • C. Stewart October 5, 2011, 12:53 pm

    I agree. I had 2 business accounts I had to close and this is why. When ARE we going to get our payments? We REALLY need to make our quarter in November. Too big to pay a settlement…smh.

  • Debra October 6, 2011, 9:42 am

    What do you know – I checked the Official Settlement Website today just on a whim and this is what is posted here: https://www.overdraftsettlement.com

    The settlement is now approved.

    UPDATE: On July 29, 2011, the Court issued a Judgment and related Memorandum Opinion granting final approval and finding that the settlement is fair, reasonable and adequate. On September 28, 2011, the last pending appeal was dismissed.

    Payments related to eligible and valid claims are to be issued by
    January 26, 2012

    • carmela hilton January 11, 2012, 7:43 pm

      I have not received anything as of yet. They told me that there was no record of me filing a claim when I have the confirmation number and date. Interesting Ha? They better give me some money back. Who can i get in touch with regarding this? I did write them back and gave them the confirmation number and date that I filed and still have not heard back from them. Help!!!!!

  • Joe October 6, 2011, 12:31 pm

    Per the Fifth Third website. The appeals have been dismissed as of Sept, 26th. All VALID claims will be paid by the 26th of Jan. 2012.

  • HUBERT October 21, 2011, 7:42 am

    DOES ANYONE KNOW HOW MANY CLAIMANTS THERE ARE?

    • Debra October 25, 2011, 8:14 am

      HUBERT: According to the final approval, there were over 100,000 claims submitted. However, there is no way to know how many of those claims will be approved, due to the Class Action Settlement wording. Only overdraft fees that were the direct result of 5/3 Bank resequencing the order of the transactions are included in this settlement. The really sad part is, that only 5/3 Bank can look into their records to see if that happened! Often, they did not resequence the transactions on customer statements, just within their processing system. Sometimes if was very obvious that this had happened, but other times it was much more subtle and harder to prove! I contacted the Settlement Administrator, and was told that if a valid claim was submitted and you have your claimant number, you will either recieve a check for whatever they determine you are due, (based on the availabiltiy of funds) or if your claim is denied, you will be notified.

  • Cheryl October 26, 2011, 11:00 am

    The settlement is now approved.

    UPDATE: On July 29, 2011, the Court issued a Judgment and related Memorandum Opinion granting final approval and finding that the settlement is fair, reasonable and adequate. On September 28, 2011, the last pending appeal was dismissed.

    Payments related to eligible and valid claims are to be issued by
    January 26, 2012.

  • kimintn October 30, 2011, 10:58 pm

    Class action lawsuits ONLY benefit the attorneys. I will probably never waste my time with one again. I should be owed over $1000, as 53 Bank resequenced and then returned multiple checks on my account in 2009, resulting in huge OD fees. Crooks these bankers are-I HATE them!

  • ang November 6, 2011, 5:50 pm

    when will we know if we get any of the settlement?

  • Welles November 6, 2011, 11:22 pm

    Ok so I get the idea of how charging overdrafts on overdrafts can be an issue.

    But if you write two checks on your account (or make two debits or whatever), I’m not really getting how the order in which they’re processed is ‘hurting’ you all so badly. If you have $100.00 in your account, and you write a check for $90.00 and one for $20.00, you are overdrawing your account. How does the order in which the bank processes those two charges change that fact? Someone please enlighten me?

    • Amber November 9, 2011, 10:26 am

      You’re an idiot if you really can’t figure it out. Enlighten yourself and go read a book or something.

  • Kris November 7, 2011, 9:02 am

    Welles….lets say you have 5 transactions: $10, $20, $35, $10 and $100.00 Fifth third was clearing the one for $100 first so that they can charge you overdrafts of the other 4 transactions….even if those transactions happend first. Had they cleared the 4 that happend first and then the $100 transction they’d only get $37 in overdrafts versus $148 in overdraft charges. This happend to me and the banks excuse was “well we wanted to clear the highter one first thinking it was for your mortage or gas bill”. NO they cleared the higher one first lowering my balance so that the other transactions could incur the overdraft charges and give them more money. That definelty is wrong anyway you look at it.

  • joe November 7, 2011, 11:51 am

    Welles; I agree with Kris. There is something to be said for being responsible for one’s own actions. Having said that; in 2007; it happened to me ONCE. I had some very small charges that were made long after a 287.00 payment should have gone through. I was playing it close. When I went to deposit to cover the 287.00 payment I found that they had already put it through first and then the other 5 small charges so they racked it in. I learned my lesson. Never happened again. I would have understood the one overdraft. They also let someone put charges on a stolen card even though it had been reported stolen. After much wrangling; I got them to refund that money.

    • Amber November 9, 2011, 10:28 am

      They did the same thing to me the other day. Someone in a foreign country made 3 different transactions of around $250 or so… equaling out to 750… Turns out they had made it on an OLD STOLEN card I THOUGHT had been blocked over a YEAR ago. Fifth Third sucks big time… switch banks immediately.

  • Kris November 28, 2011, 8:57 am

    As of Nov. 22nd: LATEST UPDATE: Dear Claimant, Thank you for your inquiry. All claims are still pending Fifth Third’s review, as of today, Fifth Third has not completed their review. Until the review is complete amount of the claims will be unknown. More details on the settlement, including copies of the Settlement Agreement and updates, are available on our website at http://www.OverdraftSettlement.com. Regards, Office of the Settlement Administrator

  • Lish November 30, 2011, 12:44 pm

    I entered into the class action lawsuit online. It never asked me for documents. It said we were included but we haven’t heard another word.

    But 5/3rd really screwed us. They did the resequencing thing and ended up overdrafting us big time. Of course they gave me the speech about how they thought the big one was the most important so they ran it first, blah blah blah….And, because we couldn’t catch the account up immediately they started charging daily fees on top of the over draft fees. This went on for months. It kept building and building. When my husband took his check to the bank to pay a portion of it and get some money for us to live on they told him flat out that they would take the entire paycheck and he couldn’t have a penny out of it if he handed it over. We told them we were trying to pay the bill but they sure weren’t being very cooperative. needless to say we didn’t hand over the check and left. We tried to cancel the account so we could stop the daily fees and then get it paid. But they said if you are overdrawn you can’t cancel it. They just kept tacking on fee after fee after fee. Finally they closed the account but at this point we owed them a HUGE AMOUNT.

    Now I am getting calls from a debt collector wanting $400 MORE than what the account showed when it was finally closed (where did that extra $400 come from? they claim not to know). I told them about the lawsuit and they, at first, said ok and didn’t call back for a while, but later they called and said it didn’t matter and we still have to pay them and clear our account before we can collect from the lawsuit. Guess they had to think about response before calling back but its still a BS response. No way i’m paying it.

    I’m not worried about the $$ from settlement. I don’t count on people getting much back anyway. I just want my account cleared, this debt collector off my back, and my credit restored.

  • steven smith December 3, 2011, 11:32 pm

    My account was overcharged for 28 cents, and my account the next month was overdrafted 480.00 +. That’s one month and then they closed it eff em they should pay me now. I need to know where I can find info on this as I filed way back this year and have not heard anything yet.
    c you

    • Joe December 4, 2011, 1:55 pm

      Steven; Fifth Third Bank normally does not charge any overdraft fees if the account is overdrawn 5.00 or less.

      • marcy January 9, 2012, 12:13 am

        hey joe I was only overdrawn 12 cents so your wrong about that. They are thieves plain and simple.

        • Joe January 10, 2012, 5:16 am

          They changed the policy on it Marcy. I’ve got it right in front of me on a pamphlet which clearly states no overdraft fees or associated charges will occur for any account overdrawn 5.00 or less. There was a time when they did I’m sure. But; I agree; they are theives. I am out of here though. I’ve left Fifth Turd. I would suggest others do the same. The comments are getting ridiculous.

  • chuckd December 17, 2011, 8:52 pm

    Hey Joe- eat shit

    • Karen December 18, 2011, 6:36 am

      Brilliant comment there Chucky cheese.. Joe’s right and stated a FACT.

      • Chuckd December 29, 2011, 9:27 am

        If I want any lip from you I will rattle my zipper cumdumster.

        • Karen December 31, 2011, 11:51 am

          Ok Chucky Cheese!! Keep hiding in mom’s basement!!

  • Joe December 18, 2011, 6:30 am

    No way Chucky; you’ve already eaten the world’s load . Geek.

  • Joe December 18, 2011, 6:56 am

    I would also say to the moderator; being in the service I’d appreciate a little more respect then letting Mr. Chucky Boy tell me to eat ____.
    Thanks.

  • karen December 18, 2011, 8:36 am

    Hey Joe; Chucky Cheese is Steven.. LOL

  • Dan December 18, 2011, 10:13 am

    Just ignore Chuckchimp; just another troll living in mom’s basement. Problem is s— is probably all she feeds him.

    • Chuckd December 29, 2011, 9:35 am

      Mom’s basement? – ouch that hurts. Pay your bills and don’t overdraft – sounds like you idiots need a lesson in economics 101.

  • Vicki December 19, 2011, 10:41 pm

    Anyone get a check yet…..just curious what people are getting and assume some checks must gave been processed!

  • D December 20, 2011, 10:10 am

    I told the Fifth third Bank representatives and the manager that they were wrong and their “resequencing” was illegal. They indicated that it was legal. Yeah right. We are not stupid. Now I want my money.

  • reginald mitchell December 22, 2011, 2:32 am

    i think everyone should receive at least thousand dollars or more because the lawyers are going to clean up big time to all have a good and safe holiday.

  • Kevin January 2, 2012, 4:03 pm

    I had 1,100 of overdraft fees in 10 months does anybody know how they are determining how each person get what back? I figure i get a third or half if im lucky.

  • Matt January 3, 2012, 12:16 pm

    Looks like checks will be out by the end of January. I submitted my paperwork, but don’t expect much. To everyone complaining about how long it takes, welcome to the world of law!

  • Debra January 5, 2012, 12:43 pm

    I keep seeing people asking how much they will get. I guess they didn’t take the time to read the Judgement posted on the Settlement Website. The fact is; only those overdrafts that were caused by 5/3 resequencing the order of the withdrawals are eligible under this settlement. 5/3 is the only one that can determine if they did that or not, in each case, because they did not resequence on customer statments, only in their processing system. Over 100,000 claims were submitted to the settlement Administrator. There is only $5.5 million left after all attorney fees, etc. If all 100,000+ claims are approved that would be less than $55 per person. Be happy if you get anything!!

  • Samantha January 5, 2012, 2:52 pm

    WOW Debra- I didn’t do the calculations… Good Point, but that sucks. Maybe there are some claims that are not valid which would leave more money for valid claims. At any rate….. HAS ANYONE GOTTEN A CHECK YET? I think that these turds are going to wait until January 26th at 5pm to put them in the mail…. I could have used that money for Christmas even if it was just $55. LOL

  • Thumper64 January 7, 2012, 11:01 am

    I actually received an email that stated I had a valid claim and they gave me a number for my claim, so I guess I will be getting a settlement check…For how much I have really no clue. I know how much FTB overcharged me but whatever is left after the lawyers get their cut is a guess. Good luck everyone!

  • carmela hilton January 11, 2012, 7:24 pm

    I received a letter over a year ago regarding the lawsuit against Fifth Third Bank and filed immediately on line. I then wrote a letter last year asking when were we going to get the settlement. I then received a letter back telling me that there was no record of me filing and that I would not get anything because it was not filed. We, I wrote them again giving them the confirmation number and date. Till this day I still have not heard back from them. I also found the checkbook with account numbers. I want my money. I did indeed file they took allot of money for fees as well. What can I do, and why haven’t I heard from them? Please let me know ASAP.

  • sue January 14, 2012, 9:25 am

    I just checked their website and they are sending letters in January to anyone whose claim is NOT valid and they now say they are mailing checks Feb. 29th

  • Debra January 16, 2012, 10:44 am

    Sue you are right! I thought that the court had ordered that all valid claims be processed and paid by January 26th, but, I guess they are not required to stick to that date?? Who is to say if they are going to meet their new arbitrary deadline of February 29th or continue to drag this thing on for a few more months??

    I am certain that I have a valid claim because I went round and round with 5/3 at the time their little re-sequencing game caused my account to overdraft. On my personal statement, it never showed that my account was in overdraft but they argued that it was in their system, for 1 hour, before they processed a direct deposit. I got NO where with them trying to get that situation resolved – felt like dealing with the Mafia!! LOL

    • sue January 17, 2012, 5:55 pm

      ya they are sneaky when I called in the morning it said my child support had been direct deposited and then later in the day it just disappeared and they charged me $230 in fees THEN let my child support go though

  • Lisa January 17, 2012, 6:56 pm

    I guess we would have to wait and see if we get anything by the 26 of Jan. Cause if we don’t,, we might not be receiving anything,,that means all of this was for nothing,,and that would be fucked up

  • pj January 19, 2012, 2:51 am

    ***THERE IS AN OPTION – ANYONE CAN GO AND SUE 5.3 IN SMALL CLAIM COURT WITH DOCUMENTS ATTACHED FROM IL COURT. AND YOU WILL GET 3 TIMES, MY LEGAL ADVISER TOLD ME………….

  • Debra January 23, 2012, 1:03 pm

    Has anyone received a notice that their claim has been denied???

    According to the updated information on the Class Action Website, they will be sending notifications in January, by mail, to anyone with a denied claim. I wish that there was a comment or blog area on the official website where we could post questions and discuss this.

  • Joyce Mayer January 23, 2012, 8:17 pm

    I am so mad about this bank, because I have paid my overdraft fees and I even double check with the teller if I am in good standing since there is nothing coming out in this account since the last transaction and the teller said “Yes, you are in good standing.” Then after checking my account the following day and found out that it got another charge of $32 for daily overdraft fee (this is some bullshit, we work for the money). I am not rich that I can just give money away like that. I live in a check to check. The day from the original transaction was only get charge onetime fee as long within the 3 days and what they have told me that only I will daily charge fee $8 dollars each transaction when it reach to the 4th day. I think they keep telling a lie to their consumer about the overdraft fee. I wish they get bankrupt; this bank is a corrupt.

  • danny January 24, 2012, 4:44 pm

    after paying the overdraft fees of almost 300 and daily fees which i believe were 5 dollas a day i fineally got them paid off with just 43 cents left in my account and told the bank manager that since his bank was so goddamn broke to keep the 43 cents and closed the account. he did. instead of the smaller amounts the larger amounts were paid first causing more overdraft fees. anybody got any dynamite?

  • TL January 26, 2012, 11:21 am

    We received a letter today stating our settlement amount will betwen $65 and $78 and will be mailed by the end of Feb. (Our claim was for $360)

    Sweet!

  • Dee January 26, 2012, 12:44 pm

    I received a letter today that said I’ll receive a check for somewhere between $50-$70. My original claim was for $215.00

  • amber January 26, 2012, 1:14 pm

    I received a letter today saying that of the 330 that i claimed fifth third only validated 273 of it, which is bs but whatever. They said i will receive 40.95-60.06 that will be mailed out on feb 29th.

  • Robin January 26, 2012, 4:31 pm

    I am owed around 1400.00, took months to get straight, There were weeks, that I did not have money for food or gas. I had to borrowed and now I have to paid this back too. Thanks a lot Fifth Third, can’t believe this company is so crooked.

  • Adam January 26, 2012, 9:53 pm

    Received a letter today stating that my claim was denied. I am now required to submit documentation which I will have to pay 5/3 to get statements at $5 each. I feel like this is a scam and the only winners are the lawyers. 5/3 is a joke, corrupt, and they treat the employees like slaves.

  • Larcada January 27, 2012, 2:27 am

    Well it looks like the lawyers won. That’s who got paid not us.

  • Larcada January 27, 2012, 2:34 am

    If you are or were a Fifth Third bank customer between October 21st, 2004 and July 1st, 2010 and were assessed at least one overdraft fee with a debit card transaction, you can submit a claim form. Your settlement is amount is is up to three times the amount you claim on the form. If you can’t remember whether or not you paid an overdraft fee, you can submit a request with Fifth Third Bank and they will provide that data free of charge (according to the claim website).

    The deadline to submit a claim is May 2nd, 2011.

  • Angry Customer January 27, 2012, 7:56 am

    Got our letter in the mail last night as well. They validated 576.00 worth of claims. HOWEVER-we are only going to be receiving 79-120 dollars back. I am confused because when we filed the claims- it stated that we would receive 3x the amount we were screwed out of. I believe that they fell just a tad bit short. (sarcasm)
    BUT- some is better than none. If it wasn’t for the folks that filed this lawsuit on fifth third, we wouldn’t have gotten anything. So thanks to the people that filed the suit, because of them we are at least getting something.

  • Heather January 27, 2012, 11:02 am

    I got my letter this past week stating that my claim is denied as well. We had several months where we were in the hole to 5/3 because they rearranged the withdrawls etc. I sent in my claim on time and still it is denied. BS. So like Adam I can go pay 5/3 $5 per statement and try and fight it but what’s the use? So I can get $60 back, maybe? I will never give those crooks another dollar. Wish they would actually get in trouble for their fraud. This class action lawsuit is crap. They still get to decide who gets their money back and who doesn’t. I bet a lot more people don’t than do.

  • Hmmm January 31, 2012, 12:11 pm

    I submitted the claim online and had proof of claims (I used Quicken and had every single transaction over the course of many years). I found the 45 day period to claim and submitted all required information. I have not received ANYTHING from 5/3 or the settlement lawyers, no denial letter OR letter stating it was a valid claim.

  • Debra February 2, 2012, 8:30 am

    I see that several people have posted here that they have received letters notifying them that their claim was denied. Others received a letter that only a portion of their claim was approved. I have not received any notification from the Claims Administrator, so I wonder what that means??

    I did receive a confirmation e-mail with my claim number, quite some time ago, and had to update my mailing address with the Claims Administrator a few months back, and all indications were at that time that my claim was being processed.

    I guess I will just have to wait and see what happens – nothing much else I can do.

    Debra

  • sue February 5, 2012, 9:58 am

    I haven’t received any letter about my claim so I figure they will just say they never got it in the first place…or it got lost in the mail……whatever and they aren’t the only bank that does this they are all corrupt !

  • Geneva February 6, 2012, 8:34 pm

    I called and emailed them about my claim as I hadn’t received a letter either. It did not tell me how much I would get but it did say I was approved. When they called me back they said everyone will get 15-22% of what was originally claimed.

  • B February 11, 2012, 7:22 pm

    What a rip!

  • Tom K. February 20, 2012, 6:33 pm

    Well, When i heard we would be getting a check by Jan 26th , I called the Lawyers and was told that I was not in this CLASS… That I was LATE in answering the letter (That whent out within 3days.and was put into CLASS #2. SOOOO,,, there is Another one you can Chew on for a bit… I was told Class 2 would be deceided Later, Not in the Jan,Feb Dates on here.. Good Luck PPL.. Good to see some are getting something. I am ALWAYS in the (2)Class. That would be the #2.( SHIT ) Class.. But Wait and see.. LOL…

  • Gabe February 25, 2012, 11:51 am

    I found out Friday that although I have statments showing that 5/3 posted my deposits out of order to the tune $750 in overdraft fees, the attorneys told me I would receive 16%-20% of that amount! I was furious but having relinquishing my rights as part of the class action, I can’t take to court myself. They said it had to be prorated because of the amount if claiments. I guarantee the attorney fees did not get prorated! This is complete BS! Not only from 5/3 but also the attorneys handeling the class action suite!

  • Nikke February 27, 2012, 12:51 pm

    This is just a waste of time. I actually submitted copies of my bank statements showing overdrafts and conveniently they found I did not have overdrafts during the time period and the letter explaining this was sent to me over a month ago. How good for them I never got the letter. If you have not received anything or the little check of $56 (all they are allowing) call them at (888) 235-7491 . Hope someone else gets some sort of reimbursement for all the mess 5/3 has caused.

  • Debra February 28, 2012, 1:26 pm

    Talked with the claim settlement office today, and all checks for approved claims will be mailed tomorrow 2-29-12. The number that Nikke posted above (888) 235-7491 is the correct number to talk with a representative. All they can do if you call is determine if you are a valid claimant and whether or not your claim was approved. They cannot tell you how much your check will be. I don’t have any idea how they determine what percentage each person will receive of their valid claim, but, as noted it is between 15% and 22%. I guess if the re-sequencing of the debits that caused the overdraft was really blatent or punitive, you get the 22%? She indicated all approved claimants should have their checks within approx. 1 week. Good luck everyone!

  • Pissed March 3, 2012, 11:58 am

    I got my check today 3/3/2012 form 750. Over draft fees I got a measly 163.63 but I guess it’s better then nothing haha boy was there post card misleading I think it was to prevent us from all filing our own lawsuit which would have been a big loss for them I wish I had not gotten it there in time and sued them myself and maybe I could at least get my fees back plus some good for good measure

  • J March 3, 2012, 12:02 pm

    Check came today. Glad it’s over. About a third of the original claim.

  • David March 3, 2012, 4:30 pm

    Check came today. 20% of original claim. Guess it’s better than nothing.

  • Taylor March 4, 2012, 3:15 pm

    I received a check today and received about 10% of my claim. It was not worth my time pulling out all of my files and submitting the claim, etc. for $20.

  • T March 5, 2012, 8:14 am

    I have read through a good majority of the comments on here. Some people saying “it’s your own fault for overdrawing your account.” This is not always the case. I am currently dealing with Fifth Third’s crap and looking into a new bank. If I can ever find one that does not practice this same crap. Currently they have a cash deposit of mine after 4 days still showing pending. Today I wrote a check for my rent and gave it to my landlord. This happens every month. Fifth Third will hold that deposit in pending till a charge comes in and then will process charges before the deposit even if the deposit was made days before the charges even initiated. Not to mention last month I went down to the bank and took $100 out of my savings account. Later that night I go online to check my balances and low and behold I have been charged an overdraft fee of $37. Because they took the money out of checking instead of savings. The slipped clearly was marked savings (as I could view it online). I called them up and the woman who answered the phone was the same woman who had done the transaction for me. She proceeded to tell me that I requested money from my checking, blah blah blah, and then told me it was my own fault if I didn’t have enough money in my account. I didn’t even have $100 in my checking in the first place. I had already paid my bills and needed cash. I had plenty in savings, so that is why I took the money from that account. Does this mean when they pull up your account at the bank they can not see your balance and can approve any amount being withdrawn? I finally had to ask for a manger who said they would look into it. I then got charged a $5 Photocopy/Research fee for her looking into it and another overdraft fee of $37 for the $5 they charged my account to look into their own mistake. After fighting with them for a week the manager finally called and said she will be approving the reversals for the charges but it will take 4 to 5 days to go through. During this time two deposits were made onto the account by me. But because of these charges I had to wait almost two weeks before I could pay any bills or anything for fear of being charged more overdraft fees. I would also like to note that I find it funny that my deposits stay in pending status for days and days. Then they rearrange charges to suit their needs. But when they charge an overdraft fee it’s never pending, goes right through. If and overdraft can go right through there is no reason a deposit or a charge should ever be pending. Their site says that pending means it is approved just not posted to your account yet, Even though they already have it deducted from your account balance. It’s not just about rearranging the charges it is also this pending feature they are using so the can legitimize their illegal actions. So no it is not our faults we overdraw our accounts. The only thing a lot of us are guilty of is trusting a bank will not be ruthless criminals.

    • Lucy May 9, 2012, 8:35 am

      I’m glad to read your post because for a long time that I was a Fifth Turd customer, I thought I was losing my mind. I would be so careful with my bank book and making sure I didn’t overdraw my account, but it seemed like every time I turned around, they were hitting me with overdraft fees. I thought I was going crazy. My husband would get so mad at me because we made good money, and neither of us could figure it out. Now I understand. We were supposed to be part of the settlement class, but since we haven’t received anything, and after reading about the small amounts everyone is receiving, I’m not worried about it. We have since left Fifth Turd and gone to a local bank that I’m very happy with. They actually have customer service. I remember going to Fifth Turd one day and talking to the manager because I was overdrawn and didn’t understand how it could have happened. She was so rude and basically acted like I was some low-life idiot. I am really hoping the karma bus’s next stop is at Fifth Turd.

  • AAA March 6, 2012, 1:28 pm

    I enrolled in the settlement after they screwed me out of $1400 in fees and overdraft fees. It went on for months…they wouldn’t close the account and refused to stop the fees and wouldn’t work with us on payments. Finally the account was closed but the end total was crazy!! And my credit is ruined. But, when the class action settlement was reached I received a letter saying that they didn’t have enough documentation for my claim and I had like 3 days (from the date I received the letter) to get more documentation back to them. I didn’t have enough time so I DIDN’T GET SHIT. Nothing! they said without further documentation I wasn’t included in the settlement at all. GREAT…Fifth Thrid screwed me twice.

  • DAVID CARTER March 7, 2012, 6:01 pm

    YEAH, I RECEIVED MY LITTLE TINY CHECK,,DIDN’T EVEN COVER THE PROBLEMS THEY CREATED BY DOING WHAT THEY DID TO ME. NOT EVEN AN APOLOGY. JUST STRAIGHT TO THE POINT ” HERE IS YOUR MONEY, NOW GO AWAY”, YOU’VE BEEN SATTISFIED,,,,,,HUH. A BUNCH OF LIERS AND CHEATS FROM CHICAGO,,,,,WOW,AND THEY PAID UP ALRIGHT ,,,$11.25,,WOW,,,,THEY DID NT EVEN SAY HAVE A NICE DAY,,,THEY NEED TO BE RUN OUT OF NORTH CAROLINA!!!,,,TELL UR POLITITION ,,,THEY PROBABLY WON’T DO ANYTHING,,,MAYBE HOLD THERE HAND OPEN FOR SOME PAYBACK

  • d. jones March 9, 2012, 1:33 pm

    what a joke! corruption and greed win again! i was supposed to get over $2000 and only got $156 ! 5/3 wins and the greedy corrupt lawyers win! but all is not lost, we still get to keep our anxiety, stress and sense of injustice.

  • Melvin Wimberly July 3, 2012, 1:15 pm

    I think they will not pay anyone a dime,really I think there hoping everyone dies before they pays.

  • Dave November 30, 2012, 12:59 pm

    Help…I think they’re still charging me. My account was 400 delinquent and they suing me for $2800+…

  • Tom May 15, 2013, 9:50 am

    We recieved a $100 check four months ago. Today, we recieved a very threatening collection call from Worldwide Recovery demanding we send them $1090 for what we “owe” Fifth Third. They told us that the checks that were sent out from the lawsuit were to be paid BACK to the bank to “help cover the fees” that they claim we owe.
    Has anyone else been threatened by low life collection agents acting on behalf of Fifth Third?

  • Kate Fischer November 10, 2014, 8:05 pm

    I think that this is still an issue for fifth third. it has happened to me twice in the past few months, they clearly are re-sequencing.

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