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LAWSUITS NEWS & LEGAL INFORMATION

Overdraft Fees Lawsuits Ongoing

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New York, NYAlthough some banks and financial institutions have settled their overdraft fees lawsuits, more overdraft lawsuits have been filed by consumers alleging banks deceptively reorder transactions to maximize profits. Banks have defended the practice, saying it isn’t illegal. Despite that, some excessive overdraft fees lawsuits have been settled and more continue to be filed.

According to Consumer Affairs (1/8/15), TD Bank is one of the latest banks to face a lawsuit regarding its overdraft practices. Specifically under fire is the practice of reordering transactions from highest to lowest - instead of the order in which they occurred - to push customers into overdraft faster and maximize the amount banks make on overdraft fees.

For example, if a person has $150 in her account and makes three purchases of $10, followed by a purchase of $160, based on chronological order, that person would only pay for one overdraft transaction. With the purchases reordered from highest to lowest, all four transactions would generate an overdraft charge. Considering that some banks charge $35 per overdraft fee, those charges can add up. In the above example, it’s a difference of $35 versus $140.

The lawsuit also alleges lower-income consumers are excessively affected by the practice, claiming 90 percent of overdraft fees are paid by those who can least afford it, with the fees making it more and more difficult for those consumers to get out of overdraft. TD Bank had reportedly settled an earlier overdraft fees lawsuit for $62 million.

Other banks have also settled lawsuits concerning overdraft fees. In 2012, Citizens Bank agreed to pay $137.5 million to settle a class-action lawsuit filed against it, while in 2011, Bank of America reportedly paid $410 million to settle lawsuits concerning its fees. In 2015, Capital One settled a lawsuit for $31.8 million. That lawsuit involved around 611,000 customers and alleged the company used deceptive practices to maximize overdraft fees.

Overdraft fees have been big moneymakers for the banks. A report from SNL Financial (cited by The Wall Street Journal; 5/28/15) notes three of the largest banks in the US - J.P. Morgan Chase, Bank of America, and Wells Fargo - took in a total of $1.14 billion in overdraft fees in the first quarter of 2015. On average, banks charge $30 for overdraft transactions, up from $29 in 2012.

Banks have defended themselves saying the reordering of transactions is not illegal.

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READER COMMENTS

Posted by

on
How can I become part of this class action suit against Regions Bank

Posted by

on
What do I have to do to be added to this lawsuit. I am subjected to overdraft fees weekly from TD bank! I just went there today to complain again regarding the transactions.

Posted by

on
I have 4 accounts with TD Bank and have been fighting this type of overdraft issue for year's. I'm glad to be a part of this because I have been disputing fee's with them for too long.

Posted by

on
I would like to join the class action lawsuit against TD Bank for unfair overdraft fees. How can I do this?
thank you

Posted by

on
on August 20, 2016 to December 21, 2016 Please add me to the class action suit against TD Bank. I have proof of irregular deposit time frames, debits being held for random time frames, and over $2500 in overdraft charges.

Posted by

on
I too have the problem with Regions Bank. They rearrange transactions constantly and then charged OD fees. There are even some transactions that will show paid and all of a sudden become pending and they charge OD fees for it. I can never get ahead because they do this constantly. Please include me in the lawsuit.

Posted by

on
Regions Bank rearranges transactions to maximize their OD Fees by sometimes posting a week or 2 later. I would like to be included in this lawsuit as they are costing me hundreds per month.

Posted by

on
Just recently I have realized the banking schemes to keep people who are borderline broke and living not paycheck to paycheck but transaction to transaction. My Indiana small town bank recently held 5 transactions at the end of the month in order to get their mortgage payment August 1 mind you I have a 15 day grace period to get it paid. Which because of them doing this I was charged $200 in overdraft charges along with an additional $49.00 charge because a payment came through while the balance was negative. A total of $293.00 in a weeks time is a bit ridiculous. Mind you I got paid a week later which would have remedied the account so only a $39 charge would have occurred! People are broke and the banks are part of the problem- what are you suppose to do? It's not a matter of budgeting your money its stopping banks and their money games- it's a shame and to see the lifestyle those charges are supporting is scandalous!

Posted by

on
Community American Credit Union has been charging me over daft fees since I open my account, I specified that I did not want any over drafts paid because I wanted to make sure I was more responsible for my account and how I wrote checks.

Just like right know I have a garnishment on my checking account, I see that my account is in the negative now due to the fact that the bank took over draft fees from account but did not pay the item. So not only did they send back the item trying to drafted out of my account, but charged me the return check fee due to the fact the the those funds in my account was seized by the creditor that I owe. Then they allowed the creditor that I owed to draft $199.08 out of my account knowing they themselves (the bank ) used some of those funds to place my account back in the positive which only left $143 for the creditor to be able to get retrieve.



HOW IN THE HECK IS POSSIBLE TO DO!!!!!

Posted by

on
US Bank is the worst bank on the planet Not only was my account Recently hacked into hacked into and fraud activity which they kept releasing the fraud hold and wouldn't freeze the account but they have charged us over $20,000 and $35 Bank overdraft fees in the last 3 years

They have basically done nothing in the last three weeks since the fraud activity has occurred and even though we brought all of our investigation and Analysis they still have not fixed the problem I need an attorney sign me up for the class action lawsuit

Posted by

on
To date this year over $700 oODs. I am 70 years old, w/ medical issues, when I checked and saw I was overdrawn pending the next day, I borrowed and got it right in the bank same day, this should have removed any overdrafts, but they did not and they even overdraft the overdraft, and maintain ce fees

Posted by

on
Please add me. Bank of America recently charged me 4 overdraft fees, by re-ordering the postings and refusing to return an automatic payment.
BOA also refused to allow me to opt-out of overdraft protection.

Bsnk of Amercia has charged me $930 dlls in a 1 year period for overdraft fees, returned payment fees and "extended overdraft fee".
I am going to file a formal complaint. This is excessive, an abusive.

Posted by

on
Please add me. Bank of America has charged me 9 overdraft fees of $35 each in the past 2 days! I'm a broke college student who has been screwed over about 3 separate occasions from these charges. The last time this happened a few months ago the banker told me she set up overdraft protection for me and now this is still happening. I called the bank and now they are telling I can't have over draft protection unless I have a savings account which I don't, so this means that banker lied to me when she told me she set me up with overdraft protection. This is just flat our crooked and inhumane! I'm so upset and fed up!

Posted by

on
Can someone add me or point me in right direction about to bank I recently received a letter from to stating they will take out stuff chronologically and this wasn't the case before this also now I paid my credit cards on the 3 rd of this month now it's the 8 th and they reversed payment and are charging me twice for each transaction because I had withdrawn money that I thought I had in there after paying my cards anyhow long story short I have over 450$ in fees and they are reversing payments after my credit cards were posted and now causing me to have to pay fees on my credit cards this is terrible

Posted by

on
US bank has found a way to get around the reordering its called fund holds. They hold the funds for transactions and include them in your account balance even before they have posted. I had 3.00 in my account after a transaction and they say the transaction overdrew my AVAILABLE balance by 32.00 so the day after I got payed they assessed me a 36.00 fee.

Posted by

on
I received the post card many months ago saying I was part of this class action suit. I haven't heard anything since.

Posted by

on
I recently have received 140.00 in overdraft fee. Just ridiculous Td Bank has lost it's mind. They allowed me to make a purchase when they knew i was overdrawn which i found out after the purchase. I checked my accounts online and it didn't state that i was overdrawn so i made the purchase. Totally pissed in Florida.

Posted by

on
I have also been charged the fees past and present. Please include me in the lawsuit as well.

Posted by

on
I would like to be added! I have been charged an overdraft fee of $35 after planet fitness took out 10 dollars (monthly membership auto payment) from my account and made it go negative. The next day I was charged ANOTHER $35 dollars for having a negative account because the first overdraft fee made me account go negative over $5. I am in the process of changing banks right now. $70 eaten from my bank account is ridiculous! I am a young adult working full time and supporting myself. It's hard enough to keep $50 in my account at a time without a bank eating my money.

Posted by

on
FSNB took money from a account ,just enough to create both accounts to be in the neg so they could charge over draft fees to all three accounts.

Posted by

on
I would like to be added to this suit. Finally an answer to why transactions are processed that way. I have easily lost thousands of dollars in fees due to opportunist accounting tactics.

Posted by

on
I have contacted TD ban numerous times about how they reorganize my deposits and purchases and while doing so I have racked up many overdraft fees as a single mom there of three this is very hard and this often pulls out a major part of my buget which make it hard each month. I would like to be added to this lawsuit

Posted by

on
I would like to be included in the Class Action against TD Bank for the "reordering of transactions in order to maximize overdraft fees."

Thank you.

Posted by

on
So get this, I had like 10$ in my account, they charge me 15$ maintance fee then have the balls to charge me another 35$ on overdraft WHICH THEY CAUSED with there maintance fee.

Just a few days ago, I had a paypal purchase for 99.99$ which the bank rejected and yet....once again they charged me with a 35$ over draft fee.

I am going nuts here, I'm losing my mind, I'm in the process to changing banks but the headaches now of changing over bills etc. This bank needs to be sued to their knees and then some.

This bank makes me want to kill myself, i can not believe how a bank i trusted to store my money is milking me, for every penny i earned fighting for this country in Iraq. I really don't know what to do anymore.

Posted by

on
i have been hit by these fees please help and add me please

Posted by

on
After two day and many hours of back and forth. TD hit me with overdraft fees that are well above $600. I'm so tired of trying to fight 'City Hall' PLEASE ADD ME TO LAW SUIT.
HELP!

Posted by

on
I have just been charged almost $400 in overdraft fees due to reordering of larger debits and was just informed of a change chronological ordering but still hitting large transactions first.

I had money in one account and the second account had a negative balance due to overdraft fees I planned to dispute. TD transferred money out of one account WITHOUT notice or authorization into the negative balance account before I could dispute the charges!

Add me to the lawsuit.

Posted by

on
Oh my god. If I showed you my statement you say no way that's legal. They tacked on overdraft fees for overdrafts. How can you ever get ahead. Please add me!

Posted by

on
Please add me also. $455 in charges in the last week. They listed a large deposit that still needed to be verified as available funds in my account, then they retroactively charged me for every charge I made against that "available" balance. I wish I would have screen shot my phone because there's no way I would've made that many charges, I really SHOULDNT HAVE BEEN ABLE TO IF THAT BALANCE WASNT AVAILABLE. They screwed me royally. And the whole time, they are listing my available balance as though all the charges I'm making are being accounted for. I'm still baffled, they robbed me blind, and acted like it was me who was broke and making careless transactions... 12 TIMES??????? I don't think so.

Posted by

on
PLEASE INCLUDE ME, I AM TIRED OF GOING BACK AND FORTH WITH THIS BANK OVER CHARGES

Posted by

on
TD Bank fees out you deeper in the hole. They keep helping you dig. Over $1000 stolen by TD in the past twelve months. I'm sick over it. Include me too!!

Posted by

on
Include me

Posted by

on
Please include me in this lawsuit. I paid over 3k in overdrafts last year thanks to TD Bank!!!

Posted by

on
Please add me to the TD Bank class action suit
My account fell below the $100 checking balance and it a matter of 2 months accumulated fees and penalties that used up the entire balance and since i had overdraft on my card it then allowed the bank to continue to charge me penalty fees after the account had NO MONEY!
So now I owe them money to close my account!

Posted by

on
Please add me, Bank of America are thieves and rob you blind

Posted by

on
They sent me a new debit card, and I did my cross boarder visa direct transfers using the old debit, and it did not go through, I didn't realize it had bounced back and incurred $595 of ODP fees in two months.

Posted by

on
I had money wired to my TD BANK account from a cousin who lives oversea to cover my bills.The wired money never made it to my US account (correct swift,correct account number...) LOST FOR ONE WHOLE MONTH and no one from TDBANK could tell me what happened to that money ONE MONTH ! in the meanwhile they had no problem hitting me with overdrafts again and again and again...Not far from a $1000 in 2 or3 weeks ! NOBODY from TD Bank would care .They refund me a couple of $35 as a "courtesy" they said but kept taking HUNDREDS with the other hand!This is just wrong.I'm just a doorman who make $10/ hour with wife and 2 kids I don't get help from no one (no state money or family money )Nothing extra here... once the rent and the utilities are paid... I'm broke until the next check.
I'm in a living hell since January 2016.Now i'm always short at the end of the months THANK'S TO THE OVERDRAFTS and the senseless...
It's just wrong... I lack words to describe how vulnerable I feel right now.

Posted by

on
SINCE 2009 I HAVE 426 DOLLARS IN ODF A YEAR AND THEY REFUSE TO LISTEN AND CREDIT MY ACCOUNT HOW DO I GET ADD TO LAWSUIT

Posted by

on
HOW CAN I START A LAW SUIT AGAINST THIS BANK THEY CHARGED ME OVER $600 IN OVERDRAFT FEES IN TWO MONTH

Posted by

on
I desperately want to be added to this lawsuit. This has happened to be many times and frequently because they have not processed checks I deposited by mobile deposit. Also, it does not make sense that they charge fees for debit card transactions presented on a weekend since the funds do not transfer until the following Monday. I would love to speak to someone about this.

Posted by

on
Please add me to the class action lawsuit against TD Bank for engaging/continuing to engage in deceptive posting practices resulting in excessive overdraft fees on my accounts to maximize TD Bank's own profits.

Posted by

on
i have lost count of all the charges the last 2 years and did not know about the unlawful charges until today but i knew something wasn't right i would have plenty of money in my account to cover the charges but regions would not clear the charges for days.i was signed up for overdraft protection but i cancelled that but it didn't matter they still charge you.simple things like netflix.9$ end up costing me 45$ it should be if i did not have funds in my account it would just kick it back to netflix as no funds

Posted by

on
I have been charged overdrafts when I have had money in my account
The bank misrepresents your balance on your online banking account
Which inaccuratly shows your balance so they can hit you with overdrafts
If You calculate their overdraft fees on Tuesdays and Wednesdays it must be asterinomical due to their online banking deceptions
Your balance is never quite what it is suppose to be
Please add me to the class action suit

Posted by

on
Please add me to the class action law suit against Td bank!

Posted by

on
Please don't take time, add me to the suit. I just this bank is terrible.

Posted by

on
Add me also. $560 for 16 fees in the last 2 weeks. All started when a $2 coffee charged on saturday (when their was money) was posted on a tuesday night. Then the avalanche of fees and no money for other small charge and automatic payments began. And they say there is nothing they can do. But they know how to reorder things to benefit themselves. All charges should be posted chronologically as they happen instead of this manipulation.

Posted by

on
Wells Fargo is awful! They reorganize my charges to get the most possible overdraft charges from me. They've even over drafted a pending charge even though there was money covering to cover it. I've tried to talk to them but they are completely unreasonable and tell me it my fault. Even though when I look online im good. I hate this bank they are keeping me poor.

Posted by

on
PLEASE ADD ME TO THE CLASS ACTION LAW SUITE WITH TD BANK BECAUSE OVE OVERDRAFT FEES

Posted by

on
Please add me to the Lawsuit. I hate the fact they reorder to maximize the fees. A small miscalculation can be brutal!

Posted by

on
My son just got nailed for $330 in overdraft fees from TDBank. Can you imagine paying a $35 OD fee for a $1.50 vending machine Pepsi!!!! This is outrageous practice is criminal and not only should they be financially penalized, the officers of TD Bank should see jail time for robbing the public.

Posted by

on
Yes please add me to this too $70 dollars this week in od fees 35 last week ans another 70 3 weeks ago. This is getting absurd.

Posted by

on
Please add me as well. TD bank has been taking advantage of my student account and charging me ridiculous overdraft fees !!

Posted by

on
Please add me to the class action suit against TD Bank. I have proof of irregular deposit timeframes, debits being held for random timeframes. Thank you.

Posted by

on
I was charged $420 in overdraft fees by TD Bank, over a period of under two weeks. Customer service despite my best efforts only reversed a small part of this, and refused to even consider reversing the entire ammount. Please include me in a class action suit against this bank.

Posted by

on
Include me as well. I am tired of TD Bank's deceptive fee policy. I would walk but my mortgage is with them and my rate is based on me banking with them. They continually reorder debits from largest to smallest to generate multiple overdrafts.

Posted by

on
I was charge 400.00 of overdraft fees with Td bank in kissimmee Florida. I deposit cash into my account only to find out it takes 24 hours for them to post it. So i use my debit card to pay my light bill and gas for my car and bought grocieries. Only to find out i was overdrafted 170.00 dollars. I was pissed so i paid the overdraft. The following week i got my paycheck direct deposited into the account. I ask the customer service rep through the phone if my funds were avaliable she said yes only to find out it wasn't and more overdraft has occured. I couldn't pay my bills because they rob my pay check. I will like to get my funds back. Td bank are thieves.

Posted by

on
Sign me up too. They keep restacking my purchases highest to lowest and charging me overdraft fees that shouldn't be there. I've lost hundreds. Something needs to be done about them getting away with this. I call them to try and talk the fees back and they raise they're voices with me, they're basically thieves hiding behind desks.

Posted by

on
They choose to pay my Verizon bill the highest! they said because the highest one meant the most important on. then bounced four smaller charges which were purchased four days before the Verizon bill was even summited. I got charged $140.00 in fees. I called and talked to three different people. Got hung up on twice when they couldn't answer me. I told them I had receipts from Friday morning to prove I should not have been charged. Please help me. TD Bank is so out of line.

Posted by

on
please i was hit with over 1300$ in fees in this year, the online banking system is wrong. and they move the dates of charges around.

Posted by

on
Please include me in your class action lawsuit. I was just charged $315 in over draft fees just this last time and have had many more in the past due to their excessive back to back over draft charges. This is insane. I don't have over draft protection on my account.

Posted by

on
I can't believe that even with the previous settlement they continue to do this. I can't tell you how much I have been charged because of the order they post the transactions. They cause more financial hardship and refuse to credit anything back. I got sick of calling because every customer service rep would say I need to open another account so I would have two-one for bills and one for fun...It is their fault they charge me so much in fees when technically only one transaction went over by a couple dollars then I am so far in the negative that when I get paid I barely have any money.

Posted by

on
I was charged more than $4000 in overdraft fees by TD Bank. I used the Branch in Hoboken New Jersey. The bank consistently rearranged transaction to force an overdraft. Please include me in the class action suit

Posted by

on
Sign me up! Not only did TD Bank charge me overdraft fees because of re-ordering but some of the 'pending' transactions affected were made on a Thursday (when funds were available) and not 'posted' until the following Monday! So not only do they take your money due to re-ordering they also believe it is legal to take your money as a result of their faulty and untimely backend transaction processing. Also customer service representative had no legitimate explanation other than 'that's our policy'.

Posted by

on
I have had numerous occasions where I have had pending charges that drop off and never post. I get NSF fees that they refuse to credit back. It's such a scam. I'm sickened from their greedy ways.

Posted by

on
Definitely add me to the TD bank class suit... when i was pregnant and waiting for my insurance to kick in i had to pay for doctors visits out of pocket which was fine except td kept switching the order of my deposits and withdrawals and charging me ridiculous amounts in overdraft fees.Now they're doing the same with my credit card... saying that i didn't make a payment on time and charging me a late fee. This bank is ridiculous and as soon as i finish paying off the cc I'm switching banks.

Posted by

on
I need a law suit on TD bank they are not posting transactions in order they are reordering them changing. Dates and posting from highest to lowest causing over 400.00 just this week this should be illegal they have cause us to go without food we have 3kids we have had to suffer. My husband was out if town stuck in Baltimore with no way to eat no way to get anything we have direct deposit. So of course when our moneyhit they took it . was in tthe positive after midnight . check deposited they eorderd the transactions and took our money. Please help

Posted by

on
Regions Bank is notorious for this hey pay out first the two day later. The reconcile there ledger putting your largest transaction first even if it was not dine on that day which cause you to over draft then the hit you with multiple overdraft fees.

Posted by

on
I'm with its bank for 2 months now and have already been charged over 2000 dollars in fees that they won't reverse any. Please help

Posted by

on
I'm in. Against Wells Fargo. I heard that by me not paying their fees can prevent me from ever opening up future accounts in any bank. Absolute nonsense.

Posted by

on
Add me to OD fees with TD bank over 1000 within a year .

Posted by

on
Please add me to Bank of America OD Fees - they determine
what gets paid - no matter what I deposit and when -
I have seen transactions pending - then when I look the
following day - they removed the pending transaction, put
in a larger debit and that generated $35.00 fee - last week
I got an od fee of 35.00 for being 5.96 over - I called and
asked for a credit - finally they gave me one - they know
what they are doing, just don't care.

Posted by

on
Please add me to the class action suit against TD Bank. I have proof of irregular deposit timeframes, debits being held for random timeframes, and over $1500 in overdraft charges.

Posted by

on
Wish I could afford a lw suit against my bank, I know that they have got to My Husband and I for over $30,000., in the past 3-4 years, it's probably more once really looked into. It makes it extremely hard when We are raising 5 kids and at one time 6. Bad thing that adds to it is, we already live in one of the poorest, worst states there is...Louisiana! $30,000. could have bought a lot in the past few years...it would have paid off our home...or my car that we lost! Anything else.....but instead it paid someone to screw us.

Posted by

on
Yes this has and still is happening to me. Please add me to lawsuit

Posted by

on
I have been charged these fees. Please include me in this suit.

Posted by

on
BANK OF AMERICA HAS BEEN CHARGING AN "EXTENDED OVERDRAFT FEE OF $35 ON TOP OF THE $35 IT ALREADY CHARGES!! SO ONE SMALL BURGER KING TRANSACTION FOR $3.00 CAN TURN INTO A $73.00 TRANSACTION!!! THIS IS RIDICULOUS. I TAKE RESPONSIBILITY FOR OVERDRAWING MY ACCOUNT (SOMETIMES) BUT I SHOULD NOT BE CHARGED JUST BECAUSE MY PAYDAY IS NOT WITHIN 5 DAYS OF THE OVERDRAFT!!!

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