TD Bank Settles $32M Class Action Over Unauthorized Overdraft Fees

Deadline
Deadline: No deadline specified
Total Settlement Amount
Total amount allocated for all claims
Individual Payout Range
Estimated amount per eligible claim
Proof of Purchase
TD Bank will use its own records to identify eligible class members and distribute payments or account credits automatically.
Settlement Summary
The class action lawsuit, Burns v. TD Bank, North America, which accused TD Bank of unauthorized collection of certain overdraft fees from its personal checking account holders, has been settled for $32,225,000. The lawsuit focused on APSN ("Authorize Positive, Settle Negative") fees, which occur when a debit transaction is approved with a sufficient account balance but settles after the balance has become insufficient, thereby triggering an overdraft fee. This practice was deemed frustrating and unexpected by customers, prompting the lawsuit. The settlement aims to deter banks from charging such fees considered unfair or exploitative. The settlement consists of $21,975,000 in monetary payments and $10,250,000 in reductions to outstanding balances on closed accounts. Eligibility for a payout is dependent on having held a TD Bank personal checking account, incurring one or more APSN fees between June 27, 2019, and September 30, 2022. The exact payout per person is not specified and is determined by dividing the net settlement fund among all eligible class members. The court is set to hold a Final Approval Hearing in 2024 to consider the settlement approval. If approved, payments will be made or credits issued within about 60 days, barring any objections or appeals that may delay the process. Current TD Bank customers will receive payment as a credit to their account, while former customers may receive a check from the settlement administrator.
Entities Involved
Eligibility Requirements
- Held a TD Bank personal checking account
- Incurred one or more overdraft fees for a debit card transaction that was authorized when the account's available balance was positive, but later paid by TD Bank when the balance was insufficient
- These fees were incurred between June 27, 2019, and September 30, 2022
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If you are unsure about your eligibility for this settlement, please visit the official settlement administrator’s website using the link provided above. Review the eligibility criteria carefully before submitting a claim.
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