Aug 28, 2019
Court allows class action against Fifth Third for ATM fees for out of network balance inquiries to proceed.
Class action against Fifth Third for ATM fees for out of network balance inquiries

Today the U.S. District Court for the Southern District of Ohio denied Fifth Third Bank’s motion to dismiss a class action complaint claiming that the bank unlawfully charges its customers two fees of $2.75 each when customers use out of network ATM’s to check their balance while making a withdrawal.  Fifth Third asked the Court to dismiss the case arguing that a balance inquiry is a separate “transaction” from the withdrawal so it can charge two out of network fees.  The Court disagreed with Fifth Third and denied its motion.  The Court found that Fifth Third’s agreement is, at best, ambiguous because it says the bank will charge customers $2.75 per out of network transaction, but does not define “transaction” or otherwise indicate that Fifth Third will charge its customers two fees when they check their balance while making a withdrawal.  You can read the decision here.  Managing partner Chris Jenkins is one of the lead attorneys handling this case.