Jimenez v. TD Bank, N.A.

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. This Settlement Website and the Long Form Notice explain the lawsuit, the Settlement, and your legal rights.

Judge Noel L. Hillman, of the United States District Court for the District of New Jersey, is overseeing this case, Jimenez, et al. v. TD Bank, N.A., Case No. 1:20-cv-07699-NLH (D.N.J.). The persons who sued—Judith Jimenez, Stephanie Vil, and Kathy Fogel—are the Plaintiffs. TD Bank, N.A. (“TD Bank”) is the Defendant.

The lawsuit claims that TD Bank violated its contractual agreements and various federal and state laws by reopening TD Bank consumer checking accounts without customer authorization, resulting in the posting of unauthorized transactions on those accounts. You can review the operative complaint in this lawsuit on the Important Documents page. TD Bank denies that it engaged in any wrongdoing. The Court has not decided which side is right.

In a class action, one or more Plaintiffs sue on behalf of themselves and other people with similar claims. Together, all the people 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) are eligible to receive the benefits described in the Long Form 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 Representative and her 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 may be in the Settlement Class.

You are a member of the Settlement Class if you are a current or former holder of a TD Bank consumer checking account that, between June 24, 2014, and April 25, 2023 (“Class Period”), was reopened by TD Bank without your authorization (or a joint accountholder’s authorization) after the account’s closure, and had a debit, credit, or fee post to the account after that reopening. If you or any joint holder of a jointly held TD Bank consumer checking account consented to or requested that the account be reopened, you are not a member of 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 described above. If you did not receive a postcard or email addressed to you but you believe you are in the Settlement Class defined above, you may contact the Settlement Administrator.

If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement, email at info@TDAccountReopeningSettlement.com, or call the toll-free number, 888-831-6427. You may also send questions to the Jimenez v. TD Bank, N.A. Settlement Administrator at PO Box 2167, Portland, OR 97208-2167.

If the Court approves the Settlement and it becomes final, TD Bank will provide four million nine hundred thousand dollars ($4,900,000.00) to settle the Action (the “Cash Settlement Amount”). After paying attorneys’ fees to Class Counsel of up to one third of the Cash Settlement Amount, Class Counsel’s expenses, and any Court-approved Service Awards to the Plaintiffs for their participation in the lawsuit, the remaining cash relief (the “Net Settlement Cash Amount”) will be distributed among the Settlement Class Members who do not opt out. Settlement Class Members’ cash awards will be distributed by check.

You were required to submit a Claim to obtain payment. You had the option to submit a Claim Form requesting either a Basic Payment of $125 or an Enhanced Payment equal to the amount of losses you can sufficiently document. In both cases, the amount of the payment will depend on whether there are sufficient funds in light of the Claims submitted, reviewed, and approved. The Claim Form requested certain contact information; a statement indicating whether you were seeking a Basic Payment or an Enhanced Payment; information relating to and substantiating the basis of your Claim; and your signature. If you requested an Enhanced Payment, additional information and documentation were required, as described on the Claim Form. For owners of jointly held accounts, only one Claim will be approved with respect to each account, and the Claim will bind all joint account holders. Once the Court approves the Settlement, your Claim will be reviewed and, if approved, you will receive a check. The Claim Filing deadline was October 22, 2023. Claims are no longer being accepted.

The Settlement Administrator will review your Claim. If your Claim is incomplete or does not establish that you are entitled to a payment, the Settlement Administrator will notify you to correct any problems with your Claim. If you do not correct the problems, your Claim will be denied. More details on how Claims will be decided are available in the Settlement Agreement on the Important Documents page.

Submission of a Claim Form does not guarantee a payment under the Settlement, any Claim is subject to confirmation by the Settlement Administrator and/or TD Bank, and the amount distributed to each Settlement Class Member who does not opt out is governed by the Settlement Agreement.

If you are a Settlement Class Member and your Claim is rejected, you will not receive any payment and you will release your claims against TD Bank. If your Claim is rejected because it is determined that you are not a Settlement Class Member, you will not receive any payment and any claims you may have against TD Bank will not be released.

The Court granted Final Approval of this Settlement on November 9, 2023. If you did not exclude yourself from the Settlement (see FAQ 12 to 14), then a check will be sent to each Settlement Class Member who submitted an approved Claim at the address the Settlement Class Member provided on the Claim Form.

The Court has granted Final Approval of this Settlement. As a result, every Settlement Class Member who has not been excluded from the Settlement Class, each on behalf of himself, herself, or itself, and on behalf of his, her, or its respective heirs, executors, assigns, beneficiaries, predecessors, and successors, and any person or entity claiming under them (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, 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, breach of the implied covenant of good faith and fair dealing, conversion, unjust enrichment, the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., the Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq., and the Massachusetts Consumer Protection Law, Mass. Gen. Laws ch. 93A, § 2) 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 is not excluded from the Settlement Class will also be bound by all of the decisions by the Court.

Section XIV of the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement.

If you didn’t want benefits from the Settlement, and you wanted to keep the right to sue TD Bank on your own about the claims in this case or any other Released Claims, then you must have taken steps to opt out of the Settlement. Exclusion, or Opt-Out, requests must have been postmarked no later than September 22, 2023. Exclusions are no longer accepted.

No. If you did not exclude yourself, you gave 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 want to pursue your own lawsuit. The exclusion deadline was September 22, 2023. Exclusions are no longer accepted.

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

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

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

Class Counsel intend to request up to one third of the Cash Settlement Amount for their attorneys’ fees, plus their reasonable expenses in connection with this case. The attorneys’ fees, costs, and expenses awarded by the Court will be paid out of the Settlement Fund Account. Class Counsel will file their motion seeking attorneys’ fees, costs, and expenses by August 23, 2023. That motion will be available on the Important Documents page. The Court will review Class Counsel’s request and determine the amount of fees, costs, and expenses to award.

Class Counsel will also request Service Awards of up to $8,000 for Judith Jimenez and up to $5,000 for Kathy Fogel and Stephanie Vil, to be paid out of the Settlement Fund Account, for their service bringing this action for the benefit of the entire Settlement Class.

The deadline to object to the Settlement was September 22, 2023. Objections are no longer 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. Please note, the deadline to object or exclude yourself was September 22, 2023.

The Court held a Final Approval Hearing on November 7, 2023, at 2:00 p.m. ET 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 3A, Camden, New Jersey 08101. Final Approval was granted.

At this hearing, the Court considered whether the Settlement is fair, reasonable, and adequate. The Court considered any requests by Class Counsel for attorneys’ fees, costs, and expenses and for Service Awards for the Plaintiffs. The Court granted approval of the Settlement, the request for attorneys’ fees, costs, and expenses, and the request for Service Awards.

If you did nothing at all, you will not receive a payment, and you gave up your right to participate in further litigation against TD Bank about claims related to the unauthorized reopening of your TD Bank consumer checking account during the Class Period.

If the Settlement Class Member is deceased, Settlement Fund Payments can be made payable to the estate of the deceased Settlement Class Member, as long as proper documentation is submitted before the date that Payment checks are mailed. Settlement Fund Payment checks will be mailed after the Settlement becomes final.

The Settlement Class Member’s estate must provide (1) a copy of the death certificate confirming that the Settlement Class Member is deceased; and (2) documentation showing the beneficiary of Settlement Class Member’s estate (acceptable documentation may be the pertinent portion of the Will, or Court Order/Letters Testamentary naming you as Personal Representative, Administrator, Executor, or Executrix). Please do not send original documents as they will not be returned to you.

You may submit your documentation to the Settlement Administrator by writing to:

Jimenez v. TD Bank, N.A. Settlement Administrator
PO Box 2167
Portland, OR 97208-2167

If the Settlement Class Member’s estate does not inform the Settlement Administrator of the Settlement Class Member’s death before Payment checks are mailed, then the deceased Settlement Class Member will be barred from receiving a Payment under this Settlement.

Please check this website periodically for important updates including the exact date of the Settlement Fund Payment distribution if the Settlement becomes final.

This Settlement Website and the Long Form Notice summarize the proposed Settlement. More details are in the Settlement Agreement.

You may write with questions by email to info@TDAccountReopeningSettlement.com, or by mail to Jimenez v. TD Bank, N.A. Settlement Administrator, PO Box 2167, Portland, OR 97208-2167, or call the toll-free number 888-831-6427.

Please do not contact TD Bank or the Court for information.