Burns v. TD Bank

The Settlement has received Final Approval. The Administrator is in the process of finalizing disbursement activities. So long as the Class Member did not Opt Out of the Agreement, we anticipate awards will be mailed to Settlement Class Members with closed accounts, or credited to Settlement Class Members with open accounts, in mid-March 2025.

All reissue requests must be sent in writing to the Settlement Administrator at the following address:

Burns v TD Bank Settlement Administrator
P.O. Box 5826
Portland, OR 97228-5357

All requests must include your full name, return address, and signature. If possible, please also include the original Settlement payment check.

If the name of the Class Member on the check should be changed, please send in documentation, as applicable, according to the following list:

• Name Change – If your name has changed, please provide documentation showing this to be the case, which can include documents such as a marriage certificate, divorce decree, or court papers indicating a name change.
• Name Removal – In order to have a name removed from a check reissue, either have both parties on the check sign a letter requesting the name to be removed or provide documentation that shows one party is unable to negotiate the check (e.g., a death certificate).
• Deceased Class Member – If the Class Member indicated on the check is deceased, please submit acceptable documentation showing that you are the beneficiary of his or her estate. Acceptable documentation is a death certificate, together with the pertinent portion of the Will, or court order/letters testamentary naming you as personal representative, administrator, executor, or executrix.
• Incapacitated Class Member – If the Class Member cannot act on his or her own behalf, acceptable documentation includes a power of attorney or guardianship/custodial paperwork.

For reasons of security, a check reissue cannot take place until either the original check is received back by us, a mailing has been returned to us as undeliverable, or the original stale date of the check has passed or expired. Because one of these events must occur before we can act on your request, it is not possible for us to provide an estimated date for the reissue to take place. We thank you for your patience.

The balance of the Net Settlement Fund after attorneys’ fees and costs, the service awards, and the Settlement Administrator’s fees was divided among all Class Members as outlined in the Settlement Agreement. Current customers of TD Bank received a credit to their accounts for the amount they are entitled to receive. Former customers of TD Bank received a check from the Settlement Administrator.

A court ordered that the Notice be provided because you have a right to know about the proposed Settlement of this class action lawsuit and its effect on you. The Notice explains the lawsuit, the Settlement, and your legal rights.

Judge Karen M. Williams, of the United States District Court for the District of New Jersey, is overseeing this case, Burns v. TD Bank, N.A., Case No. 1:21-cv-18194-KMW-AMD (D.N.J.). The persons who sued—Kyle Burns, Ruby Hayes, Jasmine Norville, and Lisa Rodriguez—are the Plaintiffs. TD Bank, N.A. (“TD Bank”) is the Defendant.

The lawsuit claims that TD Bank breached its contracts with personal checking accountholders by assessing and collecting certain Overdraft Fees not authorized by Defendant’s account agreement.

You can review the complaint in this lawsuit under the Important Documents section of this website. TD Bank denies that it engaged in any wrongdoing.

In a class action, one or more entities called Class Representatives (in this case, Plaintiffs) sue on behalf of themselves and other entities with similar claims. Together, all the entities with similar claims are members of a Class.

The Court has not decided in favor of either Plaintiffs or TD Bank (together, the “Parties”). Instead, the two sides have agreed to a Settlement. In doing so, the Parties avoid the costs and uncertainty of litigation and a trial, and Settlement Class Members (except those who exclude themselves) receive the benefits described in the notice. The proposed Settlement does not mean that any law was broken or that TD Bank did anything wrong. TD Bank denies all claims in this case. The Class Representatives and their lawyers believe the proposed Settlement is in the best interests of Settlement Class Members.

If you received Notice of the Settlement from a postcard or email addressed to you, then the Parties believe you are in the Settlement Class. Even if you did not receive a postcard or email with Notice of the Settlement, you may still be a member of the Settlement Class, as described below.

If you did not receive a postcard or email addressed to you but you believe you are in the Settlement Class, as defined below, you may contact the Settlement Administrator.

You are a member of the Settlement Class if you held a TD Bank personal checking account, and between June 27, 2019, and September 30, 2022, incurred one or more Overdraft Fees for a debit card transaction that was 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.

If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement, visit the Important Documents section of this website or call the toll-free number, 888-695-6078. You may also send questions to the Settlement Administrator at:

Burns v TD Bank Settlement Administrator
PO Box 5826
Portland, OR 97228-5826

If the Court approves the Settlement and it becomes final, TD Bank will provide Thirty-Two Million Two Hundred Twenty-Five Thousand Dollars ($32,225,000.00) in total relief, consisting of Twenty-One Million Nine Hundred Seventy-Five Thousand Dollars ($21,975,000.00) in monetary payments (“Settlement Payment Amount”) and Ten Million Two-Hundred Fifty Thousand Dollars ($10,250,000.00) in reductions to the outstanding balances of Participating Class Members’ accounts closed with amounts owed to TD Bank (“Overdraft Forgiveness”). After paying attorneys’ fees to Class Counsel of up to 33% of the Value of the Settlement and Court-approved Service Awards of up to $5,000.00 to the Plaintiffs for their participation in the lawsuit, the remaining cash relief (the “Net Settlement Fund”) will be distributed among the Settlement Class. Settlement Class Members’ cash awards will be distributed by account credit to current customers and by check to former customers.

If the Settlement receives Final Approval from the Court, every Settlement Class Member who has not excluded himself or herself from the Settlement Class, each on behalf of himself, herself, or itself, and on behalf of his, her, or its respective past, present and future heirs, executors, administrators, assigns, beneficiaries, directors, officers, managers, employees, general partners, limited partners, principals, employees, insurers, reinsurers, attorneys, advisors, representatives, predecessors, successors, assigns, and legal representatives (collectively, “Releasing Parties”), shall automatically be deemed to have fully and irrevocably released and forever discharged TD Bank and each of its present and former parents, subsidiaries, divisions, affiliates, predecessors, successors and assigns, and the present and former directors, officers, employees, agents (alleged, apparent, or actual), insurers, shareholders, attorneys, advisors, consultants, representatives, partners, joint venturers, independent contractors, wholesalers, resellers, distributors, retailers, predecessors, successors, and assigns of each of them (collectively, “Releasees”), of and from any and all liabilities, rights, claims, actions, causes of action, demands, damages, costs, attorneys’ fees, losses, and remedies, whether known or unknown, existing or potential, suspected or unsuspected, liquidated or unliquidated, legal, statutory, or equitable, that constitute, result from, arise out of, are based upon, or relate to any of the claims that were asserted in the Action, and any of the conduct, allegations, acts, transactions, facts, events, representations, statements, omissions, duties, or matters up to and including the date of Preliminary Approval that were or could have been alleged in this Action by Plaintiffs or by any other Settlement Class Members relating in any way to the assessment of APSN Fees, including, without limitation, any claims, actions, causes of action, demands, damages, losses, or remedies relating to, based upon, resulting from, or arising out of Defendant’s practices, policies and procedures related to the authorization, processing, payment, return and/or rejection of an item or any failure to adequately or clearly disclose, in one or more contracts, agreements, disclosures, or other written materials, through oral communications, or in any other manner overdraft fee practices, whether assertable in the form of a cause of action or as a private motion, petition for relief or claim for contempt, or otherwise, and in any court, tribunal, arbitration panel, commission, agency, or before any governmental and/or administrative body, or any other adjudicatory body, and whether based on any federal, state, local, statutory or common law (including, without limitation, breach of contract and breach of the implied covenant of good faith and fair dealing) or any other law, rule, regulation, ordinance, code, contract, common law, or any other source, including the law of any jurisdiction outside the United States (including both direct and derivative claims), including any and all claims for damages, injunctive relief, interest, attorney fees, and litigation expenses (“Released Claims”). Each Settlement Class Member who does not exclude himself or herself from the Settlement Class will also be bound by all of the decisions by the Court.

Section XII of the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement. The Settlement Agreement is available under the Important Documents section of this website.

The exclusion, or Opt-Out, deadline was September 14, 2024. Exclusion Requests are no longer being accepted.

No. If you did not exclude yourself, you have given up the right to sue TD Bank for the claims that the Settlement resolves. You must have excluded yourself from the Settlement Class if you wanted to pursue your own lawsuit.

No. You will not receive a payment if you excluded yourself from the Settlement.

The Court has appointed lawyers to represent you and others in the Settlement Class as “Class Counsel.”

E. Adam Webb
G. Franklin Lemond, Jr.
WEBB, KLASE & LEMOND, LLC
1900 The Exchange, SE, Suite 480
Atlanta, GA 30339

Jeffrey Kaliel
KALIEL GOLD, PLLC
1100 15th Street NW, 4th Floor
Washington, DC 20005

Class Counsel will represent you and others in the Settlement Class. You will not be charged for this counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

The Court has agreed to award Settlement Class Counsel a portion of the Settlement Amount for attorneys’ fees and for reimbursement of costs. You can find more information in the Final Approval Order here.

The Objection Deadline was September 14, 2024. Objections are no longer being accepted.

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself from the Settlement is telling the Court that you do not want to be part of the Settlement. If you exclude yourself from the Settlement, then you cannot object to the Settlement because it no longer affects you.

The Court held a Final Approval Hearing to decide whether to approve the Settlement and whether to approve Class Counsel’s request for attorneys’ fees and expenses and for Service Awards for the Class Representatives on October 15, 2024, at 11:30 a.m. at the United States District Court for the District of New Jersey, located at the Mitchell H. Cohen Building & U.S. Courthouse, 4th & Cooper Streets, Courtroom 4A, Camden, New Jersey 08101. After the hearing, the Court decided to approve the Settlement. You can find the Final Approval order here.

If you did nothing, you received the benefits to which you were entitled under this Settlement.

The Notice summarizes the Settlement. More details are provided in the Settlement Agreement. You can obtain the complete Settlement Agreement under the Important Documents section of this website. You also may write with questions to the Settlement Administrator at:

Burns v TD Bank Settlement Administrator
PO Box 5826
Portland, OR 97228-5826

Or call the toll-free number, 888-695-6078. Please do not contact TD Bank or the Court for information.