Amazing Fishstore LLC et al. v. TD Bank, N.A., Civil Action No. 1:22-cv-00958-KMW-AMD
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 the first quarter of 2025.
Back To TopAll reissue requests must be sent in writing to the Settlement Administrator at the following address:
Amazing Fishstore v TD Bank Settlement Administrator
P.O. Box 5657
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:
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.
Back To TopThe balance of the Net Settlement Fund after attorneys’ fees and costs, the Service Awards, and the Settlement Administrator’s fees was divided among all Participating Settlement 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.
Back To TopThe lawsuit claims that TD Bank breached its contracts with business checking accountholders by assessing and collecting certain Overdraft Fees and NSF 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.
Back To TopIn 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.
Back To TopThe 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.
Back To TopIf you received Notice of the Settlement from a postcard or email addressed to you, then the Parties believe you are in the Settlement Classes. Even if you did not receive a postcard or email with Notice of the Settlement, you may still be a member of the Settlement Classes, as described below.
If you did not receive a postcard or email addressed to you but you believe you are in the Settlement Classes, as defined below, you may contact the Settlement Administrator.
You are a member of the Settlement Classes if you are a current or former holder of a TD Bank business checking account who, between February 23, 2016, and September 30, 2022 (“Class Period”), incurred an APSN Fee or Retry Fee. An APSN Fee is an Overdraft Fee assessed by Defendant during the Class Period for a debit card transaction that was authorized at a time when the Account’s Available Balance was positive but later paid by Defendant when the Account’s Available Balance was insufficient to cover the transaction. A Retry Fee is an Overdraft or NSF Fee assessed by Defendant during the Class Period on a debit transaction that was returned unpaid by the Bank due to insufficient funds and subsequently resubmitted by a merchant or other third party for payment and returned unpaid or paid into overdraft.
Back To TopIf you are not sure whether you are in the Settlement Classes, or have any other questions about the Settlement, visit the Important Documents section of this website or call the toll-free number 1-888-861-9530. You may also send questions to the Settlement Administrator at:
Amazing Fishstore Settlement Administrator
P.O. Box 5657
Portland, OR 97228-5657
If the Court approves the Settlement and it becomes final, TD Bank has agreed to provide $10,500,000 to the Settlement Classes, which includes money for (a) payments to Settlement Class Members, (b) attorneys’ fees and expenses, (c) settlement administration costs, and (d) Service Awards to the named Plaintiffs. TD has also agreed to provide an additional $5,000,000 in the form of reductions to the outstanding balances of Participating Settlement Class Members who were charged APSN or Retry Fees and whose accounts were 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 to the Plaintiffs for their participation in the lawsuit, the remaining cash relief (the “Net Settlement Fund”) will be distributed among the Settlement Classes. Settlement Class Members’ cash awards will be distributed by account credit to current customers and by check to former customers.
Back To TopIf the Settlement receives Final Approval from the Court, every Settlement Class Member who has not excluded themself or itself from the Settlement Classes, each on behalf of themself or itself, and on behalf of their 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 or Retry 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 themself or itself from the Settlement Classes 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.
Back To TopThe exclusion, or Opt Out, deadline was September 14, 2024. Exclusion Requests are no longer being accepted.
Back To TopNo. 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 Classes if you wanted to pursue your own lawsuit.
Back To TopNo. You will not receive a payment if you exclude yourself from the Settlement.
Back To TopThe Court has appointed lawyers to represent you and others in the Settlement Classes as “Class Counsel”:
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 Classes. 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.
Back To TopThe 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.
Back To TopThe Objection Deadline was September 14, 2024. Objections are no longer being accepted.
Back To TopObjecting 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.
Back To TopThe 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.
Back To TopIf you did nothing, you will receive the benefits to which you are entitled under this Settlement.
Back To TopThe 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:
Amazing Fishstore Settlement Administrator
P.O. Box 5657
Portland, OR 97228-5657
You may also contact the Settlement Administrator at the toll-free number 1-888-861-9530. Please do not contact TD Bank or the Court for information.
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