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TD Bank out-of-network fees class action lawsuit overview:
- Who: Jerome Polvay filed a class action lawsuit against TD Bank.
- Why: Polvay claims TD Bank charges its customers an unwarranted second out-of-network fee for single account balance inquiries made at non-TD Bank ATM machines.
- Where: The class action lawsuit was filed in the New Jersey federal court.
TD Bank charges customers unwarranted out-of-network fees for balance inquiries they did not request while using a non-TD Bank ATM machine, a new class action lawsuit alleges.
Plaintiff Jerome Polvay claims TD Bank improperly assesses its customers two out-of-network fees during a transaction where an account balance inquiry is made at a non-TD Bank ATM.
“Indeed, no customer could have requested multiple balance inquiries of the exact same account during the same ATM transaction,” states the TD Bank class action.
Polvay wants to represent a nationwide class of TD Bank customers who were assessed multiple out-of-network fees for a single account balance inquiry at a non-TD Bank ATM.
Plaintiff also wants to represent a subclass of TD Bank customers who were assessed multiple out-of-network fees for a single account balance inquiry made at a FCTI ATM located in a 7-Eleven store.
Polvay argues that, while TD Bank customers are aware they will be charged $3 for an account balance inquiry at a non-TD Bank ATM, the bank is not authorized to assess double fees on a single request during the same transaction.
TD Bank accused of charging customers second fee for printing account balance info
TD Bank, however, will charge customers a second out-of-network account balance inquiry fee in the event they choose to print the balance information which is displayed on a non-TD Bank ATM screen, the TD Bank class action alleges.
“Simply stated, the printing of a receipt for the balance inquiry transaction displayed on the screen is not a balance inquiry under the contract, but TD Bank unlawfully always assesses a second OON Fee,” states the TD Bank class action.
Polvay claims TD Bank is guilty of breach of contract and breach of the covenant of good faith and fair dealing. He is demanding a jury trial and requesting declaratory and injunctive relief along with actual, punitive, and exemplary damages for himself and all Class Members.
TD Bank agreed to pay more than $41 million earlier this year to resolve claims it wrongfully charged non-sufficient funds fees to customers attempting to retry a failed transaction.
Have you been charged a double out-of-network fee when making a single account balance inquiry at a non-TD Bank ATM? Let us know in the comments!
The plaintiff is represented by Katrina Carroll and Todd D. Carpenter of Lynch Carpenter, LLP.
the TD Bank class action lawsuit is Polvay v. TD Bank, NA, et al., case no. 1:22-cv-04758, in the US District Court for the District of New Jersey.
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