Klopfenstein, et al. v. Fifth Third Bank

A class action is a lawsuit in which one or more representatives (“class representatives” or “plaintiffs” - in this case, William R. Klopfenstein and others) bring a lawsuit on behalf of themselves and other similarly situated persons (“class” or “class members”) who have similar claims against the defendants. The plaintiffs, the court, and counsel appointed to represent the class all have a responsibility to make sure that the interests of all class members are adequately represented.

Importantly, class members are NOT individually responsible for payment of attorneys’ fees or litigation expenses. In a class action, attorneys’ fees and litigation expenses are paid from the settlement fund or the court-awarded judgment amount and must be approved by the court. If there is no recovery on behalf of the class, the attorneys do not get paid.

When the court enters a judgment in favor of the plaintiffs and the class members, such as in this Action, the court resolves the issues for all class members, except for those who excluded themselves from the class.

As a Fifth Third customer who was enrolled in the Fifth Third Early Access Loan Program from August 3, 2011 to April 30, 2013 and took an advance, you are part of this Action in which the United States District Court for the Southern District of Ohio has awarded the Judgment and you are entitled to compensation. Epiq is reaching out to you to determine how you wish to receive your compensation.

The Plaintiffs claim that Fifth Third misrepresented the annual percentage interest rate (“APR”) associated with Early Access loans and charged higher interest rates on those loans. The lawsuit claims that Fifth Third offered these short-term loans to its checking account customers under the name “Early Access” and that the bank stated the loans had a 120% APR (“annualized percentage rate”), but that APR is only correct when the loan is repaid in 30 days. The lawsuit alleges that most customers repaid the majority of Early Access loans prior to 30 days—resulting in APRs higher than 120%.

The Plaintiffs asked the Court for monetary damages, declaratory relief, and injunctive relief on behalf of the Classes. More information about the lawsuit is in the Consolidated Class Action Amended Complaint, which you may view here.

Fifth Third denied the claims and allegations in the lawsuit. Fifth Third said that the correct payment terms for its Early Access loans were clear and unambiguous and easily understood by its customers. More information about what Fifth Third said is in its Answer to the Amended Complaint, which you may view here.

Plaintiffs filed this Action on November 2, 2012, and filed a Consolidated Class Action Amended Complaint on October 15, 2013. On October 16, 2019, Defendant filed its Answer to the Amended Complaint denying the allegations and requesting the Court entering a judgment in its favor.

On March 26, 2021, the Court entered an Opinion & Order certifying the following Classes in this case that could proceed to trial:

• Breach of Contract Class: All persons in the United States who enrolled in Fifth Third’s Early Access Loan Program prior to May 1, 2013 and took out at least one Early Access Loan.
• TILA Class (the “Class”): All persons in the United States who were enrolled in Fifth Third’s Early Access Loan Program from August 3, 2011 through April 30, 2013.

On March 9, 2023, the Court issued an Opinion and Order granting Plaintiffs’ motion for summary judgment on their and the TILA Class’s claims that Fifth Third violated the Truth In Lending Act. On December 1, 2023, the Court entered the Judgment in Plaintiffs’ and the TILA Class’s favor, awarding Plaintiffs and the Class $2,000,000 in statutory damages, as well as attorney fees/costs, to be paid by the Defendant. The Court awarded Plaintiffs $10,000 each (totaling $50,000) for their efforts in representing the class to be paid from the award for statutory damages.

On February 3, 2026, the Court approved the Distribution Order jointly proposed by Plaintiffs and Defendant. The Court ruled that the Plaintiffs and the Class are entitled to post-judgment interest pursuant to federal law (28 U.S.C. § 1961) in the amount of $231,290. The total Judgment amount for distribution is $2,231,290.

The parties went to trial on the claim involving Breach of Contract Class. The Jury returned a verdict in favor of Defendant, Fifth Third Bank. Plaintiffs have appealed that verdict. That appeal is pending before the United States Court of Appeals for the Sixth Circuit. The parties anticipate that the Sixth Circuit will issue its ruling sometime this year.

The total Judgment amount, including interest, of $2,231,290 is ordered to be distributed as follows:

1. $10,000 to each of the five Plaintiffs
2. The remaining $2,181,290 split evenly between each Class Member

If you resided in the United States and were enrolled in Fifth Third’s Early Access Loan Program from August 3, 2011 through April 30, 2013 and took an advance, and you did not request to exclude yourself from the TILA Class by September 30, 2021, you are a Class Member and eligible to receive compensation from the Judgment.

If you are still not sure whether you are included in the Classes, you can call toll-free at 1-877-239-7878, email info@TILAClassDistribution.com for more information, or write to:

If you excluded yourself from the TILA Class, you are not to eligible to claim any payment from the Judgment. You are also not legally bound by the Court’s decisions if you excluded yourself. You are able to sue (or continue to sue) Fifth Third on your own about the legal claims that are involved in this case, now or in the future, assuming your claims are not time-barred (you should consult your own lawyer to make such a determination).

If you did not exclude yourself, you are still in the TILA Class. If you stayed in, you are legally bound by all of the decisions that the Court makes, and you are entitled to your share. Regardless of the outcome of the lawsuit, however, you will never be able to sue (or continue to sue) Fifth Third about the legal claims in this case.

Deadline for requesting exclusion was September 30, 2021.

The deadline for excluding yourself has now passed as of September 30, 2021. Late exclusions will not be accepted.

Once Fifth Third has provided a list to Epiq Class Action & Claims Solutions, Inc. (‘Epiq’) of the remaining TILA Class Members who are unpaid following direct deposit to current Fifth Third customers who are Class Members, Epiq will make two attempts via email to you for you to select your payment method. Emails will come from noreply@digitaldisbursements.com. Epiq is the administrator for the settlement and Digital Disbursements is a payment partner Epiq uses to facilitate digital payments. By default, individuals eligible for payments will receive an email containing a link to claim their payment. This is normal. If you claim a payment, you may also receive one or more follow-up emails from our payment partner, confirming where your payment is in the process. Follow-up emails from the payment entity you select (e.g., Venmo, PayPal, Zelle, etc.) are also possible. If you do not immediately claim your payment, you may also receive one or more reminder emails.

Due to variability in individual recipient email account spam and junk security settings, users are encouraged to review their junk and spam folders in case the digital payment emails went to those locations.

If you received an email from noreply@digitaldisbursements.com, it is because you were determined to be eligible for a payment in a class action settlement administered by Epiq Class Action & Claims Solutions, Inc. (‘Epiq’). Epiq is the administrator for the settlement and Digital Disbursements is a payment partner Epiq uses to facilitate digital payments. By default, individuals eligible for payments will receive an email containing a link to claim their payment. This is normal. If you claim a payment, you may also receive one or more follow-up emails from our payment partner, confirming where your payment is in the process. Follow-up emails from the payment entity you select (e.g., Venmo, PayPal, Zelle, etc.) are also possible. If you do not immediately claim your payment, you may also receive one or more reminder emails.

If you have any questions about any payment partner email you receive, please provide us with your full name and current email address so we can look up your file.

Due to variability in individual recipient email account spam and junk security settings, users are encouraged to review their junk and spam folders in case the digital payment emails went to those locations.

If you do not wish to receive your payment electronically through the options available with Digital Disbursements, a paper check option will be available for this Judgment. Paper checks will be mailed to everyone who does not select a Digital Disbursements option. Check will be mailed to the last address on file with Fifth Third. Please note that the paper check issuance process can take 4 to 6 weeks to complete.

If you have a new address, please email info@TILAClassDistribution.com or mail your request to:

Epiq Class Action and Claims Administration ('Epiq') has administrative responsibility for the distribution of funds on this matter. Digital Disbursements is a payment partner who assists Epiq with distribution activities. Working together, we can offer individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their payments.

Claiming your digital payment is simple and easy. All digital payment and reminder emails sent by Epiq via noreply@digitaldisbursements.com contain a payment selection link. If you click the payment selection link or visit the website listed in your payment emails before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method.

Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or more pieces of information so your payment can be processed, including providing your phone number or email so it can be verified as active. After that, you will receive a small number of interim notifications from noreply@digitaldisbursements.com letting you know your payment is "in process," and eventually you will receive a link to your payment card, if you chose that option. Alternatively, you will receive messaging directly from the payment providers (e.g., Venmo, PayPal, Zelle, etc.) letting you know the funds are available to you or already in your account.

No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes anywhere from 3–10 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will start to receive a series of emails from either Digital Disbursements or the payment entities (e.g., Venmo, PayPal, Zelle, etc.) themselves.

Upon completing the payment selection process in the payment portal, your payment will be delivered to the payment destination you provided when making your selection.

Venmo, PayPal, and Zelle payments will be handled using the phone or email you provided when making a selection, but the timing of delivery will depend on whether the email or phone you used is connected to an active account with those services. Active account holders will have their payments deposited directly into their account within 7–10 business days of making their selection. Recipients using emails or phones not currently associated with an active account will receive an email or text invitation from the payment entity to create an account and accept the payment. Those who create a new account or link the payment destination to an existing account within the timelines provided in those invitations will receive their payment shortly after completing that process. Those payees who fail to do so will have their payments returned to Epiq.

Finally, those payees who chose ACH/Direct Deposit should generally have their payments land in their accounts within 3–5 business days of providing their banking information. For payees who provide invalid ACH/Direct Deposit information, resolution of the unsuccessful payment may take up to 30 days.

Unfortunately, for other options or situations where you provided Epiq with invalid or old payment destination information, or you failed to act with the payment entities in the time allowed, your payment can no longer be claimed digitally. If you believe invalid information was provided when making your selection or that you did not act in time with the payment entities, you will need to submit a reissue request in writing and we will send you a paper check instead.

Please submit your reissue request in writing to Epiq at info@TILAClassDistribution.com or mail your request to:

Include your name, old and new email addresses, the reason for your reissue request (bad/old data, etc.), and your current mailing address information. Requests not including the necessary information may be delayed. Due to the time required for payment entities to return funds to Epiq, processing and mail time, reissue requests can take up to 12 weeks to process after we receive your written request.

Questions related to the management of funds once they are sent to your account, should be handled by the payment entity themselves. The following contact numbers and emails are available when reaching out to those entities.

• Call 1-888-812-4430 if you have any issues with your Venmo payment. Reference the payment destination (phone or email) you provided when requesting your payment.

If you have reached out to the payment entity that issued your payment, but they are not immediately able to assist you with your issue, you may reach out to Epiq to request further assistance. Please submit your inquiry to info@TILAClassDistribution.com or mail your request to:

Include your name, a detailed and specific explanation of the nature of your request, your current mailing address information, and any relevant emails, phones, or account information. Epiq will review and investigate your written submission. In some cases, Epiq may need to reach out to the payment entities individually to request more information, so please be patient while we handle your request.

All reissue requests must be sent in writing to Epiq. To request your check be reissued please email info@TILAClassDistribution.com or mail your request to:

Your request should include your name, your email addresses, your current mailing address information, and a signed request to reissue your check. If possible, please also include the check you are requesting to be reissued.

If the name of the Class Member on the check should be changed, please send in documentation, as applicable, according to the following checklist:

• Name Change – If your name has changed, please provide documentation showing this to be the case, which can include documents such as a marriage certificate or court papers indicative of a name change.
• Name Removal – In order to have a name removed from a check reissue, either have both parties on the check sign a letter and return the check or return the check with documentation that shows that one party is unable to negotiate the check (i.e. death certificate).
• Deceased Class Member – If the Class Member indicated on the check is deceased, please submit acceptable documentation showing that you are the beneficiary of his or her Estate. Acceptable documentation may be a death certificate, together with the pertinent portion of the Will, or Court Order/Letters Testamentary naming you as Personal Representative, Administrator, Executor, or Executrix.
• Incapacitated Class Member– If the claimant cannot act on his or her own behalf, acceptable documentation is a Power of Attorney, or guardianship or custodial paperwork.
• Closed Business – If business is no longer active, please provide documentation of the business closure or asset sale.

For reasons of security, a check reissue cannot take place until either the original check is received back by us, a mailing has been returned to us as undeliverable, or until the original stale date of the check has passed or expired.

Because one of these events must occur before we can act on your request, it is not possible for us to provide an estimated date for the reissue to take place. We thank you for your patience.

Yes. The Court appointed Hassan Zavareei of Tycko & Zavareei, Stuart E. Scott of Spangenberg Shibley & Liber LLP, and Jason Whittemore of Wagner McLaughlin, P.A. as “Class Counsel” pursuant to Federal Rules of Civil Procedure 23(g)(1). You do not have to pay Class Counsel out of your own pocket. If you want to be represented by your own lawyer and have that lawyer appear in court for you in this case, you may hire one at your own expense.

On March 10, 2025, the Court signed the Opinion & Order awarding attorney fees/costs to be paid by the Defendant. The attorney fees/expenses are not being deducted from the Judgment award amount for the Class. The Defendant is paying for the attorney fees/expenses separate of the TILA Class Judgment award.

Visit the Important Documents page, where you will find the Opinion & Order certifying the Class, the Consolidated Class Action Amended Complaint that the Plaintiffs lodged, Fifth Third Bank’s Answer to the Amended Complaint, the Opinion and Order Granting Motion for Attorney Fees, Costs, and Incentive (Plaintiff) Awards, and Distribution Order. You may also call toll-free at 1-877-239-7878, email info@TILAClassDistribution.com for more information, or write to:

Please do not call the Court or the Clerk of the Court for additional information. They cannot answer any questions regarding the Action.