Action Bank
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If You Incurred One or More Overdraft Fees in Connection with Your TD Bank Personal or Business Account, Your Carolina First Bank Account, and/or Your Mercantile Bank Account, You May Be Entitled to Benefits from this Class Action Settlement.
A $70 million settlement has been reached in a lawsuit against TD Bank, N.A. (“TD Bank”) called In re: TD Bank, N.A. Debit Card Overdraft Fee Litigation, Civil Action No. 6:15-mn-02613-BHH (D.S.C.), claiming that TD Bank, Carolina First Bank, and Mercantile Bank, a brand name of Carolina First Bank used in Florida, assessed Overdraft Fees in a manner inconsistent with customer account agreements and applicable laws (the “Action”). TD Bank acquired The South Financial Group, the holding company for Carolina First and Mercantile (together, “Carolina First”), in 2010.
The Action challenges several bank practices:
- TD Bank’s practice of assessing Overdraft Fees on Personal and Business Accounts based on the Account’s Available Balance rather than its Ledger Balance;
- TD Bank’s assessment of Overdraft Fees for ATM or One-Time Debit Card Transactions on Personal Accounts;
- TD Bank’s assessment of Sustained Overdraft Fees on Personal and Business Accounts;
- TD Bank’s assessment of Overdraft Fees for Uber or Lyft ride-sharing transactions on Personal Accounts while an account holder was not enrolled in TD Debit Card Advance; and
- Carolina First’s practices of (1) High-to-Low Posting, and (2) assessing Overdraft Fees based on the Account’s Available Balance rather than its Ledger Balance.
TD Bank denies liability for each of the claims, and maintains that the challenged overdraft practices complied with customer agreements and applicable laws. The Court has not decided which side is right.
Current and former holders of TD Bank Personal and/or Business Accounts and former holders of Carolina First Accounts who incurred Overdraft Fees may be eligible for a payment by check or account credit (“Settlement Payment Amount”). In addition, members of the Settlement Classes whose accounts were closed with amounts owed to TD Bank may be eligible for reductions in their outstanding balances (“Overdraft Forgiveness Amount”).
Read this website carefully. This website advises you of the benefits that may be available to you under the Settlement and your rights and options as a Settlement Class Member.
| Make a Claim | If you are a member of the TD Available Balance Consumer Class, Regulation E Class, Usury Class, and/or TD Available Balance Business Class, you must have submitted a completed Claim Form by February 7, 2020 to receive your portion of the Settlement Payment Amount. If you submitted a valid and timely claim, you will be sent a payment or provided an account credit. Additionally, you have given up your right to bring your own lawsuit against TD Bank about the claims in this case. |
| Do Nothing | If you are a member of ONLY the South Financial Class and/or Uber/Lyft Class, you did not need to submit a Claim Form to receive your portion of the Settlement Payment Amount. If you did not exclude yourself from the Settlement, payments for these two Settlement Classes will be distributed automatically by check or account credit, and you will give up your right to bring your own lawsuit against TD Bank about the claims in this case. If you are a member of the TD Available Consumer Class, Usury Class, or TD Available Balance Business Class whose Account was closed with amounts owed to TD Bank, you may be eligible to receive distributions from the Overdraft Forgiveness Amount. You did not need to submit a Claim Form to receive a distribution from the Overdraft Forgiveness Amount. If eligible, and you did not exclude yourself from the Settlement, you will receive this benefit automatically. |
| Exclude Yourself from the Settlement | Receive no benefit from the Settlement. This was the only option that allowed you to retain your right to bring any other lawsuit against TD Bank about the claims in this case. The deadline to exclude yourself from the Settlement was December 4, 2019. |
| Object | A written request to the Court and the lawyers for both sides must have been submitted if you did not like the Settlement. The deadline to object to the Settlement was December 4, 2019. |
These rights and options –and the deadlines to exercise them– are explained further in the FAQs page of this website.
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COMMUNITY.
The Action Center is a critical force in bringing out the best of our community. Our neighbor, both those we serve as participants and those who come and generously give of their time, resources and talent, weave together a fabric of strength, kindness and compassion that permeates and strengthens our community.
COMPASSION.
An attitude of compassion and kindness permeate all that we do. Individuals are treated with dignity, understanding and an assumption of their own resourcefulness, goodness and strength.
CONNECTION.
Connection speaks to the elevation of human connection as a guiding principal of our work. It also speaks to connection to resources and supports our participants can obtain through The Action Center.
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About Us
THE ACTION CENTER – COMMUNITY. COMPASSION. CONNECTION.
Action Banks For Kids
By Tawney Eisenbraun – Lakewood, CO – Since 1968 The Action Center has been a lifeline of care and support to hundreds of thousands of people in our community. Based in Lakewood, but serving all of Jefferson County, the Action Center serves over 20,000 people a year and provides an immediate and compassionate response to our neighbors facing hardship, or experiencing homelessness.
The Action Center meets people where they are and addresses immediate needs by providing food through their self-select grocery (i.e. food pantry or food bank), clothing, personal care items, and other resources to relieve suffering and stress. After immediate needs are met The Action Center connects individuals and families with needed financial resources and services like rental and energy assistance that can stabilize their lives and create lasting change. The Action Center’s resources often mean that a family doesn’t have to face the hard choice of feeding their children or paying their rent, buying needed clothing for kids or paying a utility bill.
The Action Center strives to be a one-stop shop for those who walk through their doors. By partnering with other agencies under one roof, The Action Center works to break the cycle of poverty by connecting people to the broader services they need like workforce development, education, health, and health care that promote greater stability and lasting change. The Action Center’s innovative Pathways Program also gives individuals the opportunity to works on one in extended partnership with a coach. With support individuals set and attain goals and create meaningful and long-lasting change in their lives.
As part of The Action Center’s continued dedication to helping those facing hardship or experiencing homelessness, the organization host three major community events each year aimed at helping ease the financial burden and keeping households stable:
- Each year in August, The Action Center helps families send their kids off to a successful school year with a week-long backpack and School Supply Distribution. This event helps to send more than 5,000 kids, a year, back to school feeling confident and ready.
- In November, The Action Center’s Thanksgiving Distribution provides a meal box filled with “fixin’s” for Thanksgiving to over 1,400 households which will in turn serve over 5,000 meals during the holiday season.
- In December, The Action Center holds its annual Holiday Gift Shop. This event has provided over 3,800 children and their families with toys and gifts to ensure they have a magical holiday.
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Serving 20,000 people each year is no small task. The Action Center is only able to do so successfully with assistance from over 4,000 volunteers who dedicate 100,000 hours each year, on average, to the organization. The Action Center offers a variety of different ways to volunteer. From dedicated shifts each week, to one-time opportunities helping at events, or group volunteer activities, The Action Center offers a multitude of flexible options for those looking to get involved in their community.
None of these programs and services would be available to the community without the support from generous donors. The Action Center’s annual $3.5 million budget is raised from the generosity of community with 37% of contributions coming from individual donors – the rest raised from local businesses, churches, foundations, and government funding. Additionally, as The Action Center heads into its events season, the community rallies and puts together donation drives all throughout Jeffco to help meet the needs these events require.
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You too can become part of The Action Center’s legacy and get involved!
- Take a Tour – See The Action Center’s mission in action and learn more about what it takes to serve 80 households per day!
- Volunteer – Join a passionate group of people who love helping. Visit theactioncenter.org/get-involved for more details.
- Donate – Make a difference in the lives of those facing hardship and donation to The Action Center. The organization accepts both financial gifts and donated items. To learn more visit theactioncenter.org/donate
Learn more by visiting theactioncenter.org or calling 303.237.7704.
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The Action Center is a 501(c)3 non-profit organization. $.89 of every donated dollar serves those facing hardship or experiencing homelessness.