McCune Wright Arevalo, LLP, has filed a class action lawsuit against TD Bank for improperly charging $35 overdraft fees who used their debit cards to purchase Lyft or Uber ride-sharing services, in violation of the bank’s agreement with those customers not to approve such one-time fees when they would result in an overdraft.

TD Bank’s improper actions specifically targeted bank customers who chose not to enroll in the banks’s TD Debit Card Advance Program, which does allow for approvals of one-time overdraft charges such as ride-sharing purchasing. The class action is filed on behalf of all TD Bank customers nationwide who did not enroll in the TD Debit Card Advance Program and who did incur overdraft charges and related fees as a result of ride-sharing purchases. All such customers are encouraged to contact McCune Wright Arevalo, LLP to inquire about the potential remedies available to them pursuant to the class action.

How TD Bank Improperly Charged Ride-Sharers With Overdraft Fees

The named plaintiff in the lawsuit, Britney Lawrence, used her TD Bank debit card to pay for two  Uber rides on March 14, 2016 costing $7.53 and $8.21. Lawrence did not have enough money in her account to pay for either ride, but the bank approved the rides anyway, despite the fact Lawrence had not signed up for the TD Debit Card Advance Program. The next day TD Bank charged Lawrence’s accounts two $35 overdraft fees – for a total of $70 – and later seized those amounts from her next deposit.

TD Bank’s agreement with debit card users who have not signed up for the TD Debit Card Advance Program states that the bank will not approve attempted charges which would overdraft the user’s account where those charges are “one-time debit card transactions.” The bank does indicate that it will, within its discretion, approve charges resulting in overdrafts when the charges are recurring charges, such as with a gym membership or Netflix plan.

TD Bank’s account holder materials are quite clear on the fact that the bank pledged not to approve overdrafts on one-time charges such as ride-sharing services, stating, “We do not authorize and pay such overdrafts unless you choose to enroll in TD Debit Card Advance.”

McCune Wright Arevalo, LLP is Representing All Affected Account Holders

The law firm of McCune Wright Arevalo, LLP – a leading national class action firm based out of California’s Inland Empire – is seeking damages and injunctive relief from TD Bank on behalf of all consumers with viable claims who have similarly been injured by TD Bank’s action of charging overdraft fees on one-time purchases. The firm previously won a verdict of $207 million on behalf of clients who had been injured by improper overdraft fees imposed by Wells Fargo.

The class action complaint alleges breach of contract by TD Bank as well as violations of New Jersey’s Consumer Fraud Act and Connecticut’s Unfair Trade Practices Act.  

In bringing the suit, firm co-founder Richard McCune told Law360:

“Ride-sharing transactions are clearly one-time events, not recurring monthly charges like a health club or Netflix, and banks should not be allowed to ignore their own contracts by assessing overdraft fees even when customers have not opted into the bank’s overdraft program. This is precisely what TD Bank does, generating improper $35 overdraft fees based on Uber and Lyft rides.”

Contact McCune Wright Arevalo, LLP to Inquire About Participation

If you believe you have also been victimized by TD Bank’s improper practice of assessing overdraft fees on one-time purchases, please contact McCune Wright Arevalo, LLP to inquire about participation in this class action.