Galgano d/b/a Shear Envy Hair Studio, et al. v. TD Bank, N.A., Case No. 1:20-cv-05623 (D.N.J.)
A Court authorized this notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all your options. The notice explains the lawsuit, the Settlement, and your legal rights.
The U.S. District Court for the District of New Jersey is overseeing this case. The case is known as Galgano d/b/a Shear Envy Hair Studio, et al. v. TD Bank, N.A., Case No. 1:20-cv-05623 (D.N.J.). The people who sued are called the Plaintiffs. The Defendant is TD Bank.Back To Top
The lawsuit claims that TD Bank breached its contract with accountholders and improperly assessed and collected Out of Network ATM Balance Inquiry Fees when accountholders used an out of network ATM to conduct a balance inquiry together with another transaction such as a cash withdrawal.
The Complaint in this action contains all of the allegations and claims asserted against TD Bank. TD Bank maintains it did nothing wrong but has agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of litigation. The Court granted Final Approval on July 19, 2023.Back To Top
The phrase Out of Network ATM Balance Inquiry Fee (or “OON Balance Inquiry Fee”) refers to the fee TD Bank charged accountholders when using a non-TD Bank ATM to check an account balance in the same session that accountholders made a withdrawal or transfer. This Settlement does not relate to fees charged for transactions at TD ATMs.Back To Top
In a class action, one person or a group of people, called Class Representatives (in this case, two TD Bank customers who were assessed OON Balance Inquiry Fees) sued on behalf of people who have similar claims. All the people who have claims similar to the Class Representatives are members of the Settlement Class, except for those who exclude themselves from the class.Back To Top
To resolve this matter without the delay and uncertainties of litigation, the Parties have reached a settlement. The Settlement requires Defendant to pay money to the Settlement Class, as well as settlement administration expenses, attorneys’ fees, costs to Class Counsel, and an Incentive Award to the Class Representative.Back To Top
If you received notice of the Settlement from a postcard or email addressed to you, then you are in the Settlement Class. If you did not receive a postcard or email notice, then the persons included in the Settlement Class are described below. If you believe you are in the Settlement Class, but for some reason did not receive a postcard or email, please contact the Settlement Administrator at info@OutofNetworkATMFeeSettlement.com or call 1-855-739-1490 (Toll-Free).
With some exceptions explained below, you are a member of the Settlement Class if you are a current or former TD Bank customer who was charged an OON Balance Inquiry Fee during “the Class Period.” The Class Period means:
Excluded from the Settlement Class are (1) TD Bank, its parents, subsidiaries, affiliates, officers and directors; (2) all Settlement Class members who exclude themselves from the Settlement; and (3) all judges assigned to this litigation and their immediate family members.Back To Top
TD Bank has agreed to establish a cash Settlement fund of $11.9 million dollars from which Settlement Class Members will receive payments. The minimum award will be $2, with a possible additional amount for each Participating Settlement Class Member who incurred more than one OON Balance Inquiry Fee. The additional amount cannot be determined at this time; it will depend on the number of Participating Settlement Class Members and the amount of additional OON Balance Inquiry Fees each Participating Settlement Class Member incurred. Pursuant to the Court’s approval, the Settlement Fund will also be used to pay attorneys’ fees awarded to Class Counsel, reimbursement of Class Counsel’s litigation expenses and costs, Administrative Costs of the Settlement Administrator, and a Service Award of up to $7,500 for each Class Representative.
Any Residual Funds that are not feasible and practical to distribute to individual Participating Settlement Class Members will be provided to one or more charitable organization (“cy pres” recipients). The parties will recommend an organization or organizations with their Motion for Final Approval.Back To Top
If you are in the Settlement Class and are entitled to receive a payment, you do not need to do anything to receive a Settlement payment. The Court granted Final Approval of this settlement. You will automatically be sent a check payment or account credit unless you opted out of the Settlement.
Current TD Bank account holders will receive a credit to (or deposit in) their accounts. Participating Settlement Class Members without an active TD Bank deposit account will receive checks mailed to and made payable to the name and address on record with TD Bank and/or the address returned by the United States Postal Service’s National Change of Address database.Back To Top
If you stay in the Settlement Class, all the decisions by the Court will bind you, and you give TD Bank a release. A release means you cannot sue, continue to sue, or be part of any other lawsuit against TD Bank about the issues in this case. Section XVI of the Settlement Agreement contains the release and describes the claims that you give up if you remain in the Settlement.Back To Top
The deadline for all Class Members to exclude themselves from the Settlement passed on May 26, 2023.
Exclusion requests are no longer accepted.Back To Top
No. Unless you exclude yourself, you give up the right to sue TD Bank for the claims that the Settlement resolves. You must exclude yourself in order to try to pursue your own lawsuit.Back To Top
No. You will not receive a payment if you exclude yourself from the Settlement.Back To Top
The Court has appointed lawyers to represent you and others in the Settlement Class, including the law firms of Wilentz, Goldman & Spitzer, P.A., KalielGold PLLC, and The Kick Law Firm, P.C.. Class Counsel will represent you and others in the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.Back To Top
Class Counsel intends to request up to one-third of the Settlement Fund for attorneys’ fees and their litigation expenses and costs incurred in connection with prosecuting this case. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Court will determine the amount of fees and expenses to award.
Class Counsel will also request that a Service Award of up to $7,500 for each Class Representative (totaling $15,000) be paid from the Settlement Fund for their service to the Settlement Class. Any Service Award is subject to Court approval.Back To Top
You can tell the Court that you do not agree with the Settlement or some part of it.
The deadline for all Class Members to object to the Settlement passed on May 26, 2023.
Objections are no longer accepted.Back To Top
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 from the Settlement. Excluding yourself from the Settlement is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.Back To Top
The Court granted Final Approval on July 19, 2023, at 10:00 a.m. EST, at the United States District Court for the District of New Jersey, located at Mitchell H. Cohen Building & U.S. Courthouse, 4th & Cooper Streets, Camden, NJ 08101.Back To Top
If you do nothing, you will still receive the benefits to which you are entitled, assuming you can be reached by class notice. Unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against TD Bank relating to the issues in this case.Back To Top
The Long Form Notice summarizes the proposed Settlement. More details can be found in the Settlement Agreement. You can obtain a copy of the Settlement Agreement on the Documents page of this website. You may also write with questions to Settlement Administrator, ATM Balance Inquiry Fee Settlement Program, P.O. Box 6938, Portland, OR 97228-6938, or call 1-855-739-1490 (Toll-Free). Do not contact TD Bank or the Court for information.Back To Top