Bank / Credit Union

Judge dismisses TD Bank's appeal to throw out class action lawsuit over ATM fees

July 1, 2021

U.S. District Judge Robert Kugler recently declined to dismiss a class action lawsuit against TD Bank. This lawsuit claims that the bank overcharged customers who use ATMs outside TD Bank's network, according to a report by Courier Post.

The suit, in particular, targets a TD policy that charges two fees of $3 each when customers check their balances and withdraw money from an out-of-network ATM. Customers' attorneys claimed that the wording in the contract only allows the charge for a single withdrawal, while TD claims that it "explicitly authorize and conspicuously disclose" both types of charges.

Kulger said the lawsuit made "persuasive" arguments that the language in TD's contract was ambiguous.