TD, Carolina First, Mercantile Banks Overdraft Fee Settlement

Settlement Structure: Claims Made

Active: Closed

Closed Settlement Statement:

According to court documents, the claim submission deadline has passed. Please contact the claims administrator if you have any questions.

Case Summary:

A $70 million payment will be used to settle more than one class action against TD Bank and two other banks it owns, Carolina First Bank and Mercantile bank, claiming they charged improper overdraft fees. The complaints alleged the banks charged overdraft fees in a manner inconsistent with customer account agreements and state laws. The complaints also claimed that the banks’ practices violated Regulation E and the National Bank Act’s usury limitations.

Docket Number:

6:15-mn-02613-BHH (D.S.C.)

Company: TD Bank NA

Filing Deadline: February 7, 2020

Objection Deadline: December 4, 2019

Exclusion Deadline: December 4, 2019

Final Approval Hearing: January 8, 2020

Proof of Purchase:

You do not need to submit proof. Also, if you are a member of only the South Financial Class or Uber/Lyft Class, you do not need to submit a claim form.


You may be eligible if you are a member of any of six classes defined for this combined action. They include a TD Available Balance Consumer Class, a South Financial Class, a Regulation E Class, a Usury Class, an Uber/Lyft Class, and a TD Available Balance Business Class. The classes have different class periods and conditions. For more information see the notice at

Typical Settlement Amount:

Benefits include $43 million for cash compensation and $27 million of reductions in amounts owed to TD Bank by those whose accounts were closed with negative balances. Payments will be distributed according to formulas worked out as part of the settlement.

Total Settlement Amount: $70 million

Class Representative Proposed Incentive Fee:

Up to $10,000 each

Law Firms:
McCune Wright Arevalo, LLP
Webb Klase & Lemond LLC

Claim Form: TD Bank Overdraft Fee Settlement Claim Form

Case Name: In re: TD Bank, N.A. Debit Card Overdraft Fee Litigation

Settlement Website: TD Bank Overdraft Fee Settlement Website

Claims Administrator:
Epiq Class Action & Claims Solutions, Inc.

Claims Administrator Contact Information:

TD Bank Overdraft Litigation
c/o Epiq
P.O. Box 6006
Portland, OR 97228-6006

Tags: Overdraft Fees, Your Bank