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Fifth Third Bank Card Agreement

The TRIO® Fifth Third Bank credit card is a cash back card worth USD 0 per year that offers bonus bonuses for some of the most common spending categories, although with spending limits that could seriously screech your style. The card also comes with a sign-up bonus and a break in interest for credit transfers. But to apply, you must either be a member of the Fifth Third Bank, based in Cincinnati, or live in one of the ten states it serves. In order to estimate the total amount of „Excess OD Fees“ (Mr. Tarter`s lifespan for overdraft products from redecorating), Mr. Tarter multiplied the net overdraft costs attributable to debit card and ATM transactions, with the likelihood that the fees charged by the FTB were the result of re-sequencing. First, Mr. Tarter, on the basis of the data provided by the defendant, took the total amount of overdraft fees collected by the clients for each month during the teaching period (adjusted for exemptions, cancellations and levies). It then multiplied these monthly amounts by .57 to reflect the fact that approximately 57% of overdraft fees were generated by debit card and ATM transactions.

See id. at 8. These monthly amounts provided Mr. Tarter with an estimate of the total monthly overdraft fee collected by the defendant from debit card transactions or ATMs. Mr. Tarter then tried to estimate the amount of these „Excess OD Fees“ sums. Apart from the exchange of initial rule 26 (a) information, Class Counsel acknowledges that no formal discoveries have been made, but notes that „a substantial informal discovery has been made during months of arms negotiations prior to the count.“ Pl. Mem. 21. This discovery appears to have consisted of „several meetings and discussions with the Fifth Third Council, during which information was properly shared.“ In addition, Class Counsel conducted a „large amount of independent research“ prior to the count to assess its claim, including „reviewing hundreds of pages of bank statements to examine how fifth-thirds practices influenced members of the settlement class.“ Id. Here, Class Counsel states that they have had access to sufficient information to effectively represent the class. Opponents did not explain „how an additional discovery would have been in the class`s interest“ or a better tally.

McBean, 233 F.R.D. to 384-85. The fact that Class Counsel negotiated a fair agreement is proof that it had sufficient information to effectively represent the class. Mars Steel Corp. v. Continental Illinois Nat. Bank and Trust Co. of Chicago, 834 F.2d 677, 684 (7. Cir.1987) „Instead of trying to impose the negotiating terms, the district judge focused freely on the final outcome of the negotiations. which was more class-friendly than any member of the class could reasonably have expected.


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