Laskaris v. Fifth Third Bank (In Re Fifth Third Early Access Cash Advance Litig.)

GRIFFIN, Circuit Judge.

*269This 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. It deposited Early Access loans straight into borrowers' accounts and then paid itself back automatically-plus a 10% "transaction fee"-after a direct deposit posted or thirty-five days elapsed, whichever came first. The contract governing the program disclosed the…