Fifth Third Bancorp

If either you or Fifth Third chooses arbitration, you lose your right to sue in court, have a jury, join a class action, or get normal pre-trial discovery. 'Claim' is defined as broadly as possible — even disputes about the bank's ads or past agreements are swept in — and the clause survives after you close the account. If the AAA can't administer it, the bank picks the replacement arbitration organization. There is no opt-out.

IF ARBITRATION IS CHOSEN WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM... YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION... "Claim" is defined as any claim, dispute or controversy between you and us arising from or relating to your account, these Deposit Account Rules, any prior agreement that you may have had with us... The term Claim is to be given the broadest possible meaning and includes... (c) advertisements, promotions or oral or written statements related to your account or these Deposit Account Rules.

Deposit Account Rules & Regulations, Section 11 – Arbitration Agreement (Issue Date Nov 18, 2022)

The bank openly admits it can reorder your transactions in whatever way produces the most overdraft fees — it says you agree it may choose a fee-maximizing order. Non-timestamped debits (checks, bill payments, ACH) post smallest-to-largest and bank fees are subtracted last; bank fees themselves can overdraw your account ('We may deduct these fees from your account balance, even if that makes your balance negative'), plus Extended Overdraft Fees if you stay overdrawn. Fifth Third settled a $9.5M class action in 2011 over exactly this kind of re-sequencing.

You agree that we have discretion to determine the posting order for Items processed for your account and we may change our posting order at any time. When your available balance is not enough to pay all of the Items posted to your account that day, some posting orders can result in more overdrafts, and more related fees, than other posting orders. You agree that we may choose our posting order regardless of whether additional fees may result.

Deposit Account Rules & Regulations, Section 4.2 – Posting Transactions to Your Account (Issue Date Nov 18, 2022)

Fifth Third can change fees, benefits, and features whenever it wants, with advance notice only when the law forces it. You never sign anything — just keeping the account open or using it after the change counts as you agreeing to the new terms.

We may change the terms of the Deposit Account Rules, including the fees, benefits, and features associated with your account, at any time. We will notify you in advance of changes if required by applicable law... Continuing to use your account or keeping your account open following the effective date of any changes to the Deposit Account Rules constitutes your acceptance of the terms as modified.

Deposit Account Rules & Regulations, Section 1.3 – Changes in Terms (Issue Date Nov 18, 2022; identical language confirmed in current Mar 10, 2025 issue via 53.com snippets)

Your personal data (SSN, income, balances, payment and credit history) is shared for the bank's own marketing and for joint marketing with other financial companies, and you cannot opt out of either. Separately, data collected through cookies is used for interest-based advertising with ad networks, ISPs, and analytics providers unless you specifically opt out — sharing for behavioral ads is on by default.

For our marketing purposes – to offer our products and services to you: Yes [we share] / No [you can't limit]. For joint marketing with other financial companies: Yes / No. For our affiliates' everyday business purposes – information about your transactions and experiences: Yes / No... Unless you specifically request otherwise, we may collect, use and disclose your PI for commercial purposes, such as for interest-based advertising, and in conjunction with certain advertising networks, Internet Service Provider ("ISP") and data analytics providers with whom we may have services agreements.

Fifth Third Consumer Privacy Policy Notice, Rev. 09/19 — ; and Fifth Third Online Privacy Practices for Consumers (advertising disclosure) — https://onlinebanking.53.com/content/fifth-third/en/privacy-security/online-privacy-policy.html

Closing your account does not stop the data sharing. Fifth Third keeps sharing your personal information — for its marketing, joint marketing, and affiliate business purposes — even after you leave, forever, with no stated end date or deletion.

When you are no longer our customer, we continue to share your information as described in this notice.

Fifth Third Consumer Privacy Policy Notice, Rev. 09/19

By opening an account you hand the bank a security interest in all your accounts — including ones at its affiliates — and it can seize funds to cover any debt you owe any Fifth Third company, even if that bounces your checks or triggers early-withdrawal penalties. Separately, the bank can close your account at any time for any reason, and can quietly re-open a closed account to post new fees or items against you.

Customer hereby grants to Bank a security interest in Customer's accounts with Bank and any accounts Customer has with any Bank Affiliate to secure the Obligations... Bank may exercise its right of setoff and its security interest without recourse to other collateral, if any, and even if such action causes Customer to lose interest, have transactions drawn on its account returned, incur an early withdrawal penalty or any other consequence... The Bank may, at any time, immediately close the account of any Customer... We may re-open a closed account for any reason, including without limitation, to post Items drawn on the account presented for payment, returned items, or fees.

Deposit Account Rules & Regulations, Section 3(b) Setoff and Security Interest and Section 3(g) Changing, Closing Your Account (Issue Date Nov 18, 2022)