Fifth Third Bank Telephone Consumer Protection Act Lawsuits

By Deb Hipp

Lawsuits have been filed against Fifth Third Bank, alleging that the bank violated the Telephone Consumer Protection Act (TCPA) by using an automated telephone dialing system to "robocall" consumers in an attempt to perform telemarketing or collect on a credit card debt. Robocalls and telemarketing calls are currently the number one source of consumer complaints to the Federal Communications Commission (FCC). If you have received calls to your cell phone made by an automated dialing system, you may be able to file a lawsuit for TCPA violations.

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Telephone Consumer Protection Act

The Telephone Consumer Protection Act was enacted in 1991 to protect consumers from unsolicited pre-recorded or autodialed telephone calls, text messages or faxes. The law was aimed initially at telemarketers. However, the TCPA also now specifically prohibits calls from companies to all wireless devices without the recipient's permission. Additionally, the TCPA prohibits companies from calling customers after the recipient of the call requests that the company cease the calls.

The FCC requires private robocallers to have prior consent to use automated telephone dialing to robocall or text your cell phone. Consumers can also register their numbers with the Federal Trade Commission's national Do Not Call list, which requires legitimate telemarketers to stop calling you.

Fifth Third Bank TCPA Class Actions

In Dec. 2013, Fifth Third Bank settled a class action lawsuit Gary Hanley et al v. Fifth Third Bank, Case No. 1:12-cv-01612, US District Court, Northern District of Illinois, Eastern Division for alleged TCPA violations for $4.5 million. Class members claimed that Fifth Third placed calls to class members' cell phones using an automated telephone dialing system after being told by the consumers to stop the calls.

In May 2014, another class action for TCPA violations Mark Fitzhenry et al v. Fifth Third Bank, Case No. 2:14-cv-02076, US District Court, District of South Carolina was filed against Fifth Third Bank. In that lawsuit, the plaintiff claimed that Fifth Third Bank placed computer-dialed telemarketing calls to the lead plaintiff without his consent. The parties settled the lawsuit in Dec. 2014 for an undisclosed amount, according to court records.

Fifth Third Bank TCPA Violations Legal Help

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Last updated on Jun-13-17

READER COMMENTS

Posted by
Christan Sharp
on October 9, 2019

Never stopped calling after told I dont own anything and robotic after told to stop

Posted by
john munson
on May 1, 2019

bank "fraud division" closed my only wsy into my prepaid debit card in an express acount. the guise wss that others had "attempted in 20 desperzte attempts to send my account funds to a Haiti, a Haitian foeiegn country website"
during the last 5 months still cannot get my social security funds from that account.
thier letterd to myself with copies to the federal rederve board imdicate all fault lies with me the customer, and they sent a replacement card after a month esrilier cust. serv. asked if i wanted a replacement card, when i said no as i am some 850 miles from that address in hollywood fl in tallahasseefl with no money. bank said to goto nesrest brack with id to physically sign out of account. i did, but branch had both doors locked. and there is much more. see legal headnote in feferal Amjur 2 nd with indexed word of "Rescue" at rescue 1.! just read!!!!!!!!!!!!! john munson wrote this post.

Posted by
Elmo Hudson
on March 22, 2018

I was told on my appointment on November 15, 2017 for a credit card limit of $4,000.00 at 5/3 Bank, and on January 23, 2018 I received a letter saying, Why not use Auto Bill Payer for future payments. It was suppose to have been $40.00 a Month for a year interest free. They said you may have to pay a late fee of $35.00, if late. On January 12, 2018 said minimum payment due $40.00. It said Auto Pay would start in 5-10 business days, on 01/23/2018 letter. On 2/9/2018 I received a call saying, you recently signed up to use your Checking account to make payments. Your new account information is listed below. Checking Account Number 2061 and Bank Routing/Transit Number 2061. She called out both numbers and they were correct; but she mail the wrong Checking Account Number to me, which ends in 9500 and not 2061? then it said * The first 9 digits on the bottom left of your check or call your bank for assistance? The routing number on bottom left is correct last four numbers 2061. After this, I received a call from a African American employee, she said she think my Account has been compromise or hacked and asked me were these the numbers Checking Number 9500 and Routing Number 2061 I said yes that's correct. Then I received another letter with same date as before 2/9/2018, stating. Our records indicate that you recently changed your Checking account for this service. Your new account information is listed below, and Fifth Third's Auto Bill Payer will use this information to pay your bills. Then on February 14, 2018. It letter said. We appreciate that you use Fifth Third's Auto Bill Payer for the convenience of making your automated payments for your Credit Card account. However, it appears that there is an issue with the account information we have on file to handle these transactions on your behalf. Both numbers were correct as , why did they sent me another letter with the same information five days later? Then sent me a bill for $444.06 Payment due March 12, 2018. I called to let them know I had lost my credit card and they were replacing it, that they were to cancel the late fee, after telling them the Checking Number was wrong and that was why they couldn't withdraw the money to paid the credit card bill. She gave me a number to call collection and ask for option 3, which I did and she said I had to pay $282.00 today or I would have to pay the full amount and late fees. This time they didn't have a problem in withdrawing the money. The woman that called me and connected me to the manager supposedly said they didn't withdraw any money out of the account on 2/12/2018. I told them they had the Checking and Routing Number the same and they knew it; but just trying to get all the money they could out of me. They definite are crooks like I have read several reviews about how crooked they are. I have experienced it myself and its true. Also the Personal Banker Loan officer call me several times and left a message on the recorder. When I had an appointment to see him. He tried to talk me into using my home as collateral for an $10,000.00 Equity Loan with only my signature. I told him my wife name is on the Mortgage, so she would have to sign to and she wouldn't do that. He said she doesn't have to sign it, only you need to and you would free up some money for your Legal Lawsuits. All the loan companies or banks told me in order to get a loan my wife would have to sign it also especially if her name is on the Mortgage etc...