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Appeals court decides against Fifth Third Bank in class action lawsuit involving 'service' fees

Norwalk Reflector Staff • Feb 22, 2013 at 5:07 PM

Murray & Murray Co., L.P.A. won the reversal of an earlier Columbus 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 in Cincinnati 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 and Murray on Dec. 20, 2007 for about 300,000 business checking account customers who were charged non timely pre-identified "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 12 states: Ohio, Kentucky, Michigan, Tennessee, Indiana, Illinois, Missouri, Pennsylvania, West Virginia, North Carolina, Georgia, and Florida.

The proposed class is represented by Murray and Murray of Sandusky, and Arlington Video Recording, a small business from Columbus.

Dennis E. Murray, Sr., and Donna A. Evans, of Murray & Murray Co., L.P.A., represent the class, continuing Murray & Murray's more than 50 years of dedication to protecting the rights of those who have been injured physically or financially through no fault of their own.

Founded in 1931, Murray & Murray is owned and operated by the Murray family. The firm has fourteen attorneys including nine Murray partners. Located in Sandusky, Ohio, Murray & Murray provides legal representation for clients throughout the United States and has always offered free initial consultations.

Murray & Murray's focus areas are personal injury and consumer protection.

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