Cruz v. TD Bank, N.A.
Perez & Bucknor v. TD Bank, N.A.

CRUZ V. TD BANK, N.A. – CASE NO. 10-CV-8026 (PKC)
PEREZ & BUCKNOR V. TD BANK, N.A. – CASE NO. 16-CV-05375 (PKC)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

 

YOU MAY BE ELIGIBLE TO OBTAIN A CASH PAYMENT AS A MEMBER OF A CLASS ACTION. THE PROPOSED CLASS IS COMPRISED OF, FROM EIPA’S EFFECTIVE DATE TO THE DATE OF THE PRELIMINARY APPROVAL ORDER, ALL TD BANK ACCOUNT HOLDERS WHO ARE OR WERE JUDGMENT DEBTORS UNDER NEW YORK LAW AND WHOSE ACCOUNTS CONTAINING EIPA EXEMPT FUNDS WERE RESTRAINED, INCLUDING THOSE ASSERTING CLAIMS THAT WERE OR COULD HAVE BEEN ASSERTED IN THE ACTIONS FOR VIOLATIONS OF EIPA, FOR EXAMPLE BUT UNEXCLUSIVELY FOR: FAILURE TO RECEIVE, MAINTAIN OR MAIL TIMELY EIPA NOTICES AND FORMS, OR IMPROPER CHARGES OR FEES, OR IMPROPER AGGREGATION OF ACCOUNT BALANCES TO DETERMINE THE AMOUNT OF EIPA EXEMPT FUNDS, OR PROVIDING IMPROPER, INCOMPLETE, INADEQUATE TYPES OR METHODS OF LESS THAN COMPLETELY UNFETTERED ACCESS TO EIPA EXEMPT FUNDS, OR IMPROPER INTERNAL CONTROLS, POLICIES OR PROCEDURE FOR EIPA COMPLIANCE.

You can obtain full Notice of the class actions and the proposed settlement and download a Proof of Claim Form in order to file a claim or by requesting this information from the Settlement Administrator by mail, e-mail, or phone as follows:

TD EIPA Claims Release
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
Email: bankfeessettlement@rg2claims.com
Toll Free Phone:  (866) 742-4955

YOU MUST TIMELY ACT TO PROTECT YOUR RIGHTS.  You may claim a settlement amount, if eligible, by submitting a Proof of Claim by May 12, 2017. You may exclude yourself from the proposed class by filing a written request for exclusion by May 12, 2017.  You may object to the proposed settlement, Class Counsel’s request for Class Counsel Fees or the Class Representatives’ request for a Service Award by filing a written objection by April 28, 2017.   If you fail to timely act, then you will be bound by the proposed settlement (including the release of TD Bank, N.A.), if approved by the Court, but not eligible to receive any settlement amount.

A full explanation of these options and details for such filings are as follows:

You May:

Brief Explanation:

Due Date:

1.  File a Proof of Claim to Obtain Compensation

This is the only way to receive any payment from the Settlement, if it is approved by the Court. If you file a Proof of Claim, then you will be bound by the Settlement Agreement (including the release of TD Bank), if the Settlement is approved.
See Question 8

You must submit the Proof of Claim by mail or email to the Settlement Administrator postmarked/ transmitted no later than May 12, 2017. 

2.  Request to be Excluded from the Class

You may exclude yourself from the Class and keep your right, if any, to sue TD Bank for the claims asserted in the Actions at your own expense.  If you exclude yourself, then you will not receive any settlement payment and you will not be bound by the terms of the Settlement Agreement, if approved by the Court.
See Question 17

You must submit a written request for exclusion by mail to the Settlement Administrator postmarked no later than May 12, 2017.

3. Object to the Settlement, Class Counsel Fees or Service Award

If you do not exclude yourself from the Class, then you may object to the Settlement or to Class Counsel’s or the Class Representatives’ requests for Class Counsel Fees or a Service Award, respectively.  You also may appear at the Settlement Hearing to present your objections.
See Question 19

Objections and requests to present arguments at the Settlement Hearing must be made in writing and filed with the Court and a copy must be served on Class Counsel and TD Bank’s Counsel no later than April 28, 2017.

4. Do Nothing

If you are a Class Member but you neither submit a Proof of Claim nor exclude yourself from the Class, then you will not receive any settlement payment and you will be bound by the Settlement Agreement (including the release of TD Bank), if the Settlement is approved.
See Question 24

Not applicable

The Court has not yet decided whether to approve the Settlement or to grant Class Counsel’s request for Class Counsel Fees or the Class Representatives’ request for a Service Award.  These issues, among others, will be addressed at the Settlement Hearing.  
If the Court does not approve the Settlement, then the Actions will proceed as if the Settlement had never been proposed and Plaintiffs will, among other things, have to obtain certification of the proposed Class and prove their claims against TD Bank at trial.

PLEASE DO NOT WRITE TO OR TELEPHONE THE COURT FOR INFORMATION.