SUMMARY
IF YOU HAVE OR HAD A CHECKING ACCOUNT WITH TD BANK AND YOU WERE CHARGED CERTAIN RETRY NSF FEES DURING THE TIME PERIODS LISTED IN THE SETTLEMENT AGREEMENT (DEPENDING ON THE STATE WHERE YOU OPENED YOUR ACCOUNT), THEN YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT
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You may be a member of the Settlement Class in Perks et al v. TD Bank, N.A., in which the plaintiffs allege that defendant TD Bank, N.A. (“Defendant”) unlawfully assessed Retry NSF Fees during the time periods listed in the Settlement Agreement (depending on the state where you opened your account). If you are a member of the Settlement Class and if the Settlement is approved, you may be entitled to receive a cash payment from the $20,750,000.00 Settlement Fund and/or the forgiveness of $20,750,000 in Uncollected Retry NSF Fees.
The Court has preliminarily approved this Settlement. It will hold a Final Approval Hearing in this case on May 3, 2022. At that hearing, the Court will consider whether to grant Final Approval to the Settlement, and whether to approve payment from the Settlement Fund of up to $7,500.00 in service awards to each of the two class representatives, up to 25% of the Value of the Settlement as attorneys’ fees, and reimbursement of costs to the attorneys and the Settlement Administrator. If the Court grants Final Approval of the Settlement and you do not request to be excluded from the Settlement, you will release your right to bring any claim covered by the Settlement. In exchange, Defendant has agreed to issue a credit to your Account, a cash payment to you if you are no longer an accountholder, and/or to forgive certain amounts.
The Court in charge of this case still has to decide whether to approve the Settlement. If it does, and after any appeals are finally resolved, payments will be made to those who have filed a valid claim and suffered compensable injuries and damages.
Your legal rights are affected whether you act or don’t act.
Please read this notice carefully.
| 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 and/or forgiveness of certain Uncollected Retry NSF Fees 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; 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 payment for Retry NSF Fees and/or forgiveness of Uncollected Retry NSF 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 payment and/or forgiveness of Uncollected Retry NSF Fees 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. |
These rights and options – and the deadlines to exercise them – are explained in the Notice.
PLEASE DO NOT CONTACT THE COURT OR ANY REPRESENTATIVE OF DEFENDANT CONCERNING THIS NOTICE OR THE SETTLEMENT.