Abercrombie v. TD Bank, N.A.

If you have or had a checking account with TD BANK, N.A. ("Defendant") and you were charged certain overdraft fees during the period beginning June 1, 2015, and ending April 30, 2021, then you may be entitled to a payment from a class action settlement.

The primary purpose of this Settlement Website is to inform you of the Settlement with Abercrombie v. TD Bank, N.A. This Settlement Website explains the Lawsuit, the Settlement, your legal rights under the Settlement, what benefits are included in the Settlement, who is eligible for the proposed settlement benefits, and how the settlement benefits can be obtained.

If you have any questions after reading this website, you should contact lead counsel or the Settlement Administrator. Please do not call or write the court.

You may be a member of the Settlement Class, as described in FAQ 1, and your rights may be affected by this pending class action lawsuit. This website advises you of your options regarding the class action and the Settlement.

Important Information About Your Rights:

You may be a member of the Settlement Class in Abercrombie v. TD Bank, N.A., in which the plaintiff alleges that defendant TD Bank, N.A. (“Defendant”) unlawfully assessed “Retry OD Fees” between June 1, 2015 and April 30, 2021. “Retry OD Fees” are overdraft fees charged for ACH or check transactions that were (1) submitted by a merchant or other third party, (2) returned unpaid by Defendant due to insufficient funds, and (3) re-submitted by a merchant or third party and paid by Defendant despite insufficient funds in the account.

Summary of Your Options and the Legal Effect of Each Option

Do Nothing	If you don’t do anything, you will receive a payment from the Settlement Fund so long as you do not opt out of or exclude yourself from the settlement (described in the next box). You will give up your right to bring your own lawsuit about the claims covered by the settlement.
Exclude Yourself From the Settlement; Receive No Payment but Release No Claims	You can choose to exclude yourself from the settlement, or “opt out.” This means you choose not to participate in the settlement. You will keep your individual claims against Defendant but you will not receive a settlement payment for Retry OD (i.e. Overdraft) Fees. If you exclude yourself from the settlement but want to recover against Defendant, you will have to file a separate lawsuit or claim.
Object to the Settlement	You can file an objection with the Court explaining why you believe the Court should reject the settlement. If your objection is overruled by the Court, then you may receive a settlement payment and you will not be able to sue Defendant for the claims asserted in this litigation. If the Court agrees with your objection, then the settlement may not be approved.