via:cincinnati.com
A class action lawsuit filed Monday in a federal court in Georgia seeks to force Fifth Third Bank to refund what the suit claims are hundreds of millions of dollars in unlawful overdraft charges.
The lawsuit was filed on behalf of Marlene Willard of Hephzibah, Ga., by the Washington, D.C.-based law firm Tycko and Zavareei LLP. The suit claims that Willard and other bank customers were unfairly and illegally charged overdraft fees by Fifth Third Bancorp for charges they made on their ATM/debit cards.
A Fifth Third spokeswoman was not available for immediate comment.
The lawsuit alleges the overdraft fees violate federal and Georgia state law, as well as the contractual relationship the bank has with its customers. The lawsuit seeks certification of a class action on behalf of Fifth Third customers who allegedly were improperly charged overdraft fees or who received insufficient disclosures about the fees.
The suit alleges that downtown-based Fifth Third manipulates debit transaction postings to cause overdraft fees even when there are sufficient funds to pay for a certain purchase. It also charges that Fifth Third Bank fails to properly disclose fees that will be charged at the point of sale, and uses deceptive disclosures in its contract with customers to hide its true overdraft policies.
