Fifth/Third Bank Atm disbute i filed on third they then credited it to my account then after i thought it was safe to use it i looked again they took my credit off and then started rapidly charging outrageous overdr hillsboro, Ohio

Although the lawsuits are an unfortunate result of the banks lack of ethics, the lawsuits do not guarantee you will get any or all of your money back. And of course being a class action, the money will be divided between the victors, and the attorneys will receive a big chunk. I have nothing against the attorneys making a fortune off this, as that is the way we change bad business practice in America, which is more then many other countries citizens have a right to do. Since there is currently no better way, we have to make due and appreciate what we have to work with, and that sometimes good will prevail.

What I would suggest you do in the interim, is request the bank give you a Federal Regulation E form to fill out, which will allow you to dispute, and force the bank by law to make good if they are found at fault.

I have copied and pasted the following information from the founder of this site, and it can come in handy when settling a dispute with the bank...

"Editor's Suggestions on how to get your money back! HERE IS WHAT RIP-OFF REPORT SUGGESTS YOU DO: Go to your bank within 60 days of the charge, or as soon as you know about the charge, don't delay, and tell them that there has been fraudulent activity within your account.

Explain that you wish to file a dispute, and demand that they assist you in accordance with Federal Regulation E. According to the majority of victims interviewed by Rip-off Report, those who immediately called their banks to dispute the charges did not get very far. Many victims got the following responses from their banks: we could not do anything for you or you waited too long; it has been more than 60 days.

If the bank is says that you have waited too long, explain to them how you called their 800 number as soon as the charges were found, and were told by the bank that nothing could be done. Remind the bank that they failed to assist you properly at the 800 #, and instead, provided you with an inadequate explanation of your right to dispute. Tell the bank that it's their fault time has expired, and since they gave you the wrong info to begin with, they will just have to deal with it, take the loss and reverse the charges. Tell them the truth; this was unauthorized and your account was NOT to be charged! Keep emphasizing how you never authorized anything!

Direct them to the hundreds of victims reports that were filed on Rip-off Report.com. And if you're at the bank, walk them over to their computer and make them go to this site! If you are on the phone with them, tell them you will wait while they access this site! Either way, be persistent! DO NOT TAKE NO FOR AN ANSWER! Let them know nicely, that you were advised to Report them (the Bank) and this situation to the Banking Commission in your state. Since each state has a different name for the agency/controller over banks, find that name before you call or get to the bank so you can throw it in their face. The more knowledgeable you appear to be, the further you will get.

And just continue to demand the Federal Regulation E form! The bank CAN, MUST and WILL reverse the charge! But, you must be persistent; ask to speak to the supervisor or the area manager for all the branches in the state. Let the bank personnel know you are meeting with the media later in the day, that you would much rather they do the right thing (as most other banks have) by looking at the complaints and immediately reversing the charge(s) to your account; no matter how long ago it was. Be sure to call the Media if necessary so you are telling the truth. If you have to, be loud (but nice) in front of other customers. If you are just calling by phone, the above tactics should still work. The bank can easily fax or mail to you the Federal Regulation E dispute form.

Don't let them get away with it! Make sure they make the Rip-off Report .. The more Reports filed on a Company or individual, the more likely it is that the authorities, media and attorneys will want to take action. And good luck Let us know how you do! ED Magedson Founder RipoffReport.com

From your report, it seems a dispute amount showed up on your account in your favor, so it was safe for you to assume it was available to use. The deception caused you to use the account, which the bank must be now claiming was not available for use, which led to overdraft fees, and then they fleeced your disability.

That is unconscionable. Sometimes I wonder if direct deposit is safe considering the bank can fleece it and give the consumers no recourse, perhaps that needs looking into as well.

 And considering many banks have made it mandatory and/or automatically enrolled the customers in overdraft protection (a law is going into effect soon to prevent this) without the customers consent or knowledge, they approve transactions even if the account is depleted, and charge fees when it would have protected the customer if they simply declined the transactions so the customer could have a chance to figure out if there is fraud or error or what the problem is before being pillaged by the bank.

Then to make matters worse, the bank tells you there is nothing they can do, when this was their fault. I would say you have a case. This bank is inundated with complaints regarding tactics they use against their own customers to cause, and maximize fees.

Here is an article from the Wall Street Journal Market Watch online regarding a class action lawsuit against this bank filed last month , so you should be able to participate. I hope this info helps you and others that were robbed by these and other tactics...

WASHINGTON, Feb 01, 2010 /PRNewswire via COMTEX/ -- A class action lawsuit filed today would require Fifth Third Bank to refund hundreds of millions of dollars in unlawful overdraft charges -- which were often charged even when the customers had enough funds in their accounts to pay for purchases.

"It is one thing to charge an overdraft fee when someone has actually overdrawn their account. It is entirely another to charge an overdraft fee when the customer's account has sufficient funds. Even worse, in some cases Fifth Third charges overdraft fees and additional fees for every day an account is overdrawn -- even when an account is overdrawn solely because of bank fees charged by Fifth Third. The bank is essentially charging overdraft fees on overdraft fees," said Hassan Zavareei, a partner at the Washington, D.C.-based law firm Tycko & Zavareei LLP, which represents the plaintiff.

"This is outrageous bank conduct, made worse by the fact that most of the bank's victims are struggling to make ends meet," said Zavareei.

The lawsuit was filed in federal court on behalf of Marlene Willard, of Hephzibah, Georgia, and other bank customers who were unfairly and illegally charged overdraft fees by Fifth Third Bancorp for charges they made on their ATM/debit cards.

The class action lawsuit alleges that these fees violate federal and 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 Bank customers who were improperly charged overdraft fees or who received insufficient disclosures about such overdraft fees.

The complaint alleges that Fifth Third Bank manipulates debit transaction posting to cause overdraft fees even when there are sufficient funds to pay for a certain purchase. Further, 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.

"We are continuing to investigate Fifth Third and other banks around the country. Customers must be compensated for bank practices that caused hundreds of millions of dollars in improperly charged fees," Zavareei said.

The complaint also alleges that Fifth Third Bank has not allowed its customers to opt out of "overdraft protection," as recommended by Federal regulators.

Fifth Third Bancorp is a diversified financial services company headquartered in Cincinnati, Ohio. The Company has over $100 billion in assets and operates 16 affiliates with 1,306 full-service Banking Centers in Ohio, Kentucky, Indiana, Michigan, Illinois, Florida, Tennessee, West Virginia, Pennsylvania, Missouri, Georgia and North Carolina.

The lawsuit is captioned Willard v. Fifth Third Financial Group, Inc. and has been filed in the Northern District of Georgia.

Copies of the complaint may be obtained from Hassan Zavareei at Tycko & Zavareei LLP.

SOURCE Tycko & Zavareei LLP