Customer Sues TD Bank, Says It Reopened Account Without Consent
A Florida customer has filed a lawsuit against TD Bank, claiming it violated its customer agreement by reopening an account in her name. The plaintiff Judith J. Jimenez says she had a checking account with TD Bank since 2005. The account was closed and then opened again by the bank and it resulted in unexpected fees.
Under its account agreement, TD Bank has the right to terminate or close any account at any time for any reason, without advance notice. However, Jimenez argues in the TD Bank class action, that the agreement does not give the bank authorization to open or reopen any accounts.
Jimenez’s account had been in good standing for 15 years. TD Bank closed her account without providing any explanation or documentation, which is allowed under the account agreement. She was mailed a check for the account balance of $342.65. The check indicated it was for the “Closed Account Ending 9188.” She later received her bank statement, which noted the withdrawal made April 15. However, on April 17, the bank reopened the account in Jimenez’s name without her knowledge or permission with a zero balance.
The class action lawsuit claims that there were four reasons for TD Bank to reopen the account:
- reverse a provisional credit of $12.31 that TD had previously issued to Ms. Jimenez
- process a $35 check that Ms. Jimenez had written prior to TD Bank closing the account
- assess Ms. Jimenez a monthly maintenance fee of $4.99 for her account
- assess bogus fees that amounted to nearly 100% profit for TD.
On April 20, TD Bank assessed her an overdraft fee of $35 for the check. The bank also reportedly charged another $35 overdraft fee for the provisional credit reversal. On April 22, Jimenez’s income tax refund was deposited directly into her account. TD Bank immediately withdrew $87.30 “to replenish her purportedly negative balance”. That was $70 in overdraft fees plus the $12.31 credit reversal plus the $4.99 monthly maintenance fee.
On April 28, TD Bank once again closed her account and sent her another check for the remaining balance.
Case Info
The TD Bank Account Class Action is Judith J. Jimenez, et al. v. TD Bank NA, Case No. 1:20-cv-07699, in the U.S. District Court for the District of New Jersey.
HT: TopClassActions
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They did the same thing to me with out my consent l thing l gona do the same thing is any law firm can contact me
Personally, I am more than annoyed with TD Bank not having their lobby opened. I have moved most of my money to chase and am getting to the point where I am going to close my TD account. I don’t need a bank that is not opened.