If you have or had a checking account with TD Bank, N.A. and you were charged APSN overdraft fees between June 27, 2019, and September 30, 2022, then you may be entitled to a payment from a class action settlement.

UPDATE: The Final Approval Hearing is scheduled for October 15, 2024 at 11:30 a.m.

A settlement has been reached in a class action lawsuit pending in the United States District Court for the District of New Jersey titled Burns v. TD Bank, N.A., Case No. 1:21-cv-18194-KMW-AMD (D.N.J.) (the “Action”). In the Action, Plaintiffs were challenging TD Bank’s practice of assessing Overdraft Fees on transactions that were authorized at a time when the Account’s Available Balance was positive but later paid by TD Bank when the Account’s Available Balance was insufficient to cover the transaction (“APSN Fee”). The lawsuit contends, among other things, that TD Bank’s assessment of such fees in these circumstances was not authorized by the terms of the Personal Deposit Account Agreement. TD Bank disputes that contention and denies that it engaged in any wrongdoing. The Court has not decided which side is right. The Court has tentatively approved the proposed Settlement Agreement to which the parties have agreed (the “Settlement”).


Summary of Your Legal Rights and Options in this Settlement
Do Nothing and Receive a Check or Account Credit If you do nothing, 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).
Exclude Yourself from the Settlement 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 any individual claims you may have against Defendant, but you will not receive a payment or other settlement benefits. If you exclude yourself from the Settlement but want to seek recovery from Defendant, you will have to file a separate lawsuit or claim.
Object 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 will receive a payment, and you will not be able to sue Defendant for the claims asserted in this litigation.
Go to a Hearing Ask to speak in Court about the fairness of the Settlement. You may speak at a hearing about the fairness of the Settlement if you submit an objection that complies with the requirements in FAQ 16 and a letter saying that you intend to appear and wish to be heard that complies with the requirements in FAQ 20.

These rights and options—and the deadlines to exercise them—are explained further in the notice and on the Frequently Asked Questions (FAQs) page of this website. For complete details, please see the Settlement Agreement, which is available here.

Current Status

Current and former holders of a TD Bank personal checking account who were assessed an APSN Fee between June 27, 2019, and September 30, 2022 (“Class Period”), may be eligible to receive a payment


Important Dates
  • September 14, 2024
    Deadline to Object to the Settlement
  • September 14, 2024
    Deadline to Opt Out of the Settlement
  • October 15, 2024 at 11:30 A.M.
    Final Approval Hearing