Anthony v. Fifth Third Bank (Chicago)

CLASS ACTION SETTLEMENT INFORMATION

Welcome to the settlement information website for Anthony v. Fifth Third Bank (Chicago). This website describes the case and the settlement between Steven Anthony (”Plaintiff”) and Fifth Third Bank (”Defendant”).

We have tried to design this website to help you get information about the proposed settlement of this case. If necessary, however, you can also contact Class Counsel for further information:

DO NOT CONTACT THE COURT FOR INFORMATION.

This case is currently pending in the United States District Court for the Northern District of Illinois as Case No. 08 C 4359. The judge is Magistrate Sidney Schenkier. To see a copy of the Complaint, click here.

In the Lawsuit, Plaintiff alleges that Defendant violated the Electronic Funds Transfer Act, 15 U.S.C. §1693 et seq by failing to provide adequate notice of automated teller machine (”ATM”) fees. To see a copy of the class action publication notice, click here.

To see which ATMs allegedly violated the EFTA, click here.

Defendant denies Plaintiff’s claims of wrongdoing but has agreed to settle all claims against it to avoid the expense of continued legal proceedings. To see a copy of the Settlement Agreement, click here.

The Court has certified a class for settlement purposes and preliminarily approved a class action settlement of this case. To see a copy of the Preliminary Approval Order, click here.

The links below provide information about who is a Class Member, the terms of the Settlement Agreement and how Class Members can participate in, object to, or exclude themselves from, the class action settlement of this case.

All Potential Class Members:

To find out if you are a Class Member, click here.

If you want to receive money from the Settlement Fund, click here.

If you do not want to be a Class Member (or receive any money from the Settlement Fund), click here.

If you want to object to the settlement of this case as a class action or to the terms of the Settlement Agreement, click here.

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Class Member:

You are a class member if you are a person who, from July 31, 2007 to July 31, 2008, were charged a transaction fee for the use of any of the following automated teller machines operated by Fifth Third Bank (Chicago):

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Opt-Out Instructions

If you do not want to participate in the settlement, do not want to be paid from the settlement, and do not want to give up any rights you may have to sue Defendant for the claims alleged in Plaintiff’s complaint, you must send a signed letter, post-marked by July 27, 2009, to the Settlement Administrator, Information Consulting Group, U.S. Bank National Association, 225 Water Street, Jacksonville, FL 32202, attn. Stephanie Moore, with your name and address stating “EXCLUDE ME FROM THE ANTHONY V. FIFTH THIRD SETTLEMENT.”

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Objection Instructions

You may object to the settlement by writing a signed memo stating the specific reasons you object and file it with the Court at 219 South Dearborn Street, Chicago, Illinois 60604 by July 27, 2009. The memo must reference Case No. 08 C 4359. You must also send a copy of your objection to Lance A. Raphael, The Consumer Advocacy Center, P.C., 180 West Washington, Suite 700, Chicago, IL 60602, and to Steven A. Levy, Goldberg Kohn, 55 E. Monroe St., Ste. 3300, Chicago, IL 60603.

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