IN RE FIFTH THIRD EARLY ACCESS CASH ADVANCE LITI.

No. 18-3390.

925 F.3d 265 (2019)

IN RE: FIFTH THIRD EARLY ACCESS CASH ADVANCE LITIGATION. Lori Laskaris; Daniel Laskaris; Jessie McQuillen; Brian C. Harrison; Janet Fyock; William R. Klopfenstein; Adam McKinney; Donald E. Adanich; Lyn A. Adanich; Scott D. Little; Diana Horn, on behalf of themselves and all others similarly situated, Plaintiffs-appellants, v. Fifth Third Bank, Defendant-appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 28, 2019.


Attorney(s) appearing for the Case

COUNSEL ARGUED: Rachel Bloomekatz , GUPTA WESSLER PLLC, Washington, D.C., for Appellants. Daniel R. Warren , BAKER & HOSTETLER LLP, Cleveland, Ohio, for Appellee. ON BRIEF: Rachel Bloomekatz , GUPTA WESSLER PLLC, Washington, D.C., Hassan A. Zavareei , Anna C. Haac , TYCKO & ZAVAREEI LLP, Washington, D.C., Stuart E. Scott , SPANGENBERG SHIBLEY & LIBER LLP, Cleveland, Ohio, Jason K. Whittemore , WAGNER McLAUGHLIN, Tampa, Florida, for Appellants. Daniel R. Warren , Brett A. Wall , G. Karl Fanter , BAKER & HOSTETLER LLP, Cleveland, Ohio, for Appellee. J. Carl Cecere , CECERE PC, Dallas, Texas, for Amicus Curiae.

Before: SUTTON, GRIFFIN, and LARSEN, Circuit Judges.


OPINION

This putative class action concerns defendant Fifth Third Bank's "Early Access" cash advance loan program, a short-term lending option the bank offered to certain customers who held eligible checking accounts with it. Fifth Third, as both lender and bank, had direct access to borrowers' checking accounts...

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