Murray & Murray Wins in the Cincinnati Federal Court of Appeals for a 12 State Class Action against Fifth Third Bank for “Service” Fees Slapped on Small Business Checking Accounts

February 26, 2013

Murray & Murray Wins in the Cincinnati Federal Court of Appeals for a 12 State Class Action against Fifth Third Bank for “Service” Fees Slapped on Small Business Checking Accounts

Murray & Murray Co., L.P.A. has won the reversal of an earlier Columbus, Ohio federal district court decision, which had denied class certification for small businesses against a major regional bank, Fifth Third Bank.  Last week, the Sixth Circuit Federal Court of Appeals reversed the decision of the U.S. District Court for the Southern District of Ohio that had denied certification of a proposed class of Fifth Third Bank business checking account holders that were charged improper “service” fees without providing notice, more than 15 days ahead of imposition.     

 The class action was originally filed by Murray & Murray on December 20, 2007 for approximately 300,000 business checking account customers who were charged non timely preidentified “service” fees, and that many “service” fees were increased, also without the prior 15 day notification period.  As one example, a “service” fee, which Fifth Third called a “Deposit Adjustment”, was improperly deducted from account balances, for allegedly not adding up their deposits correctly, in a total amount estimated to be in excess of $5 million dollars.  Fifth Third is an Ohio bank that conducts business in the following twelve states: Ohio, Kentucky, Michigan, Tennessee, Indiana, Illinois, Missouri, Pennsylvania, West Virginia, North Carolina, Georgia, and Florida.  The proposed class is represented by Murray & Murray of Sandusky, Ohio and Arlington Video Productions, Inc., a small business from Columbus, Ohio.

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