TD Bank’s Overdraft Fees Are Illegal, Lawsuit Claims

CHERRY HILL TWP.  — A Connecticut woman is suing  Cherry Hill-headquartered TD Bank over its allegedly “unlawful” overdraft fee that charges users who don’t replenish their bank accounts within 10 days.

Per the  class action lawsuit filed Jan. 4 on behalf of Shaina Dorsey by Marlton-based lawyer Stephen DeNittis, the sustained overdraft charge of $20 is imposed after an initial charge of $35 for the overdraft itself and exceeds the limit permitted by the National Bank Act.

“Unlike an initial overdraft fee, the Sustained Fee for Overdrawn Accounts is an additional charge to a customer for which the bank has provided nothing new in the way of services,” the lawsuit reads. “The charge is based solely on the alleged indebtedness to the bank remaining unpaid by the customer for a period of time.”

According to the suit, Dorsey’s checking account went into “overdraft” status in Aug. 15, 2016 and remained that way until Sept. 8, 2016. The $20 fee on Aug. 26, 2016 was in addition to six other fees totaling $210 “for transactions that created her ‘overdraft’ status in the first place.”

A TD Bank spokesperson declined to comment on the pending litigation.

TD Bank’s “Personal Deposit Agreement,” which is quoted in the lawsuit, states that the institution “may charge a fee” for overdrawn accounts after 10 days, including ones with overdraft protection.

The lawsuit cites U.S. Consumer Financial Protection Bureau statistics that show “sustained negative balance” fees as a proliferating — and purportedly profitable — issue.

A July 2014 report also shows that customers charged such a fee soon transfer funds, thus the bank’s credit extension is “typically very short-term.” The lawsuit further claims that transactions causing a sustained overdrawn fee are often for $50 or less.

The class action suit claims that the fees are technically interest charged at an illegal rate and, when factoring for the legally permitted rates, are tens of times greater than what could be imposed.

The lawsuit seeks plaintiffs who use TD Bank and were hit with the extended overdraft charges.

Readers seeking additional information on the suit should visit:   http://www.denittislaw.com/

Greg Adomaitis may be reached at [email protected] . Follow him on Twitter @GregAdomaitis . Find NJ.com on Facebook .

Source: www.nj.com www.nj.com

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