Campagna v. TD Bank Settlement

Judge Karen M. Williams, of the United States District Court for the District of New Jersey, is overseeing this case, Campagna v. TD Bank, N.A., Case No. 1:20-cv-18533-KMW-SAK (D.N.J.). The persons who sued—Natalie Campagna, Gloria DeVault, Amanda Farmer, Philip Pagliaro, and Yaakov Roziner—are the Plaintiffs. TD Bank, N.A. (“TD Bank”) is the Defendant.

Plaintiffs claim that TD Bank breached its contracts with TD Cash Secured Credit Card holders and violated state consumer protection statutes when TD Bank did not automatically graduate TD Cash Secured Credit Card holders to an unsecured TD Bank credit card when those cardholders used their accounts for seven consecutive billing cycles without committing an act of default. TD Bank denies that it engaged in any wrongdoing.

The lawsuit claims that TD Bank breached its contracts with TD Cash Secured Credit Card holders and violated state consumer protection statutes when TD Bank did not automatically graduate TD Cash Secured Credit Card holders to an unsecured TD Bank credit card when those cardholders used their accounts for seven consecutive billing cycles without committing an act of default.

You can review the complaint in this lawsuit on the Documents page. TD Bank denies that it engaged in any wrongdoing.

In a class action, one or more people called Class Representatives (in this case, Plaintiffs) sue on behalf of themselves and other people with similar claims. Together, all the people with similar claims are members of a Settlement Class.

The Court has not decided in favor of either Plaintiffs or TD Bank (together, the “Parties”). Instead, the two sides have agreed to a Settlement. In doing so, the Parties avoid the costs and uncertainty of litigation and a trial, and Settlement Class Members (except those who excluded themselves) receive the benefits described in the Long Form Notice. The Settlement does not mean that any law was broken or that TD Bank did anything wrong. TD Bank denies all claims in this case. The Class Representatives and their lawyers believe the Settlement is in the best interests of Settlement Class Members.

You are a member of the Settlement Class if you reside in the United States, opened a TD Cash Secured Credit Card on or after May 20, 2015, but before January 18, 2022 (“Class Period”), and, through August 29, 2022, maintained your account for seven consecutive billing cycles without committing an act of default, and were not graduated to an unsecured TD Bank credit card in the cycle following that seven-month period.

If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement, email us at info@TDBankSecuredCardClassAction.com or call the toll-free number, 1-844-808-4836. You may also send questions to Campagna v. TD Bank Settlement Administrator, P.O. Box 6877, Portland, OR 97228-6877.

The judge overseeing the case granted Final Approval of the Settlement on February 23, 2023. The Settlement became final on March 30, 2023. TD Bank has provided two million two hundred fifty thousand dollars ($2,250,000.00) to settle the Action (the “Settlement Payment Amount”). After paying attorneys’ fees to Class Counsel of $750,000.00, expenses to Class Counsel of $13,526.93, and Court-approved Service Awards of $7,500.00 to one of the Plaintiffs and $5,000.00 to each of the other four Plaintiffs for their participation in the lawsuit, the remaining cash relief (the “Net Settlement Fund”) will be distributed among the Settlement Class. Settlement Class Members’ cash awards will be distributed by check.

Each Settlement Class Member that has not opted out was sent a payment of $8.82. For more information on the payment amount, please view the Settlement Agreement paragraph 88 (page 29).

Initial Settlement Fund Payment checks expired on October 28, 2023. If the Settlement Fund Payment check was not cashed, a reissued check will be sent to the Class Member's most recent address on file. Final reissue Settlement Fund Payment checks are anticipated to be sent as paper checks by the end of November 2023.

In the event that there are residual funds in the account after these payments expire, then residual funds may be distributed to Participating Class Members who claimed their payment of $8.82. Whether there will be a residual distribution is not known at this time. Please check this website periodically for important updates.

Settlement Class Members did not need to do anything to receive the cash awards under the Settlement. If you did not exclude yourself from the Settlement (see FAQ 11 to 13), then a check was automatically sent by mail to the address you maintain(ed) with TD Bank.

Checks were mailed in May 2023.

Initial Settlement Fund Payment checks expired on October 28, 2023. If the Settlement Fund Payment check was not cashed, a reissued check will be sent to the Class Member's most recent address on file. Final reissue Settlement Fund Payment checks are anticipated to be sent as paper checks by the end of November 2023.

The Court granted Final Approval of this Settlement. As a result, every Settlement Class Member who did not exclude himself or herself from the Settlement Class, each on behalf of himself, herself, or itself, and on behalf of his, her, or its respective heirs, executors, assigns, beneficiaries, predecessors, and successors, and any person or entity claiming under them (collectively, “Releasing Parties”), shall automatically be deemed to have fully and irrevocably released and forever discharged TD Bank and each of its present and former parents, subsidiaries, divisions, affiliates, predecessors, successors and assigns, and the present and former directors, officers, employees, agents (alleged, apparent, or actual), insurers, shareholders, attorneys, advisors, consultants, representatives, partners, joint venturers, independent contractors, wholesalers, resellers, distributors, retailers, predecessors, successors, and assigns of each of them (collectively, “Releasees”), of and from any and all liabilities, rights, claims, actions, causes of action, demands, damages, costs, attorneys’ fees, losses, and remedies, whether known or unknown, existing or potential, suspected or unsuspected, liquidated or unliquidated, legal, statutory, or equitable, that result from, arise out of, are based upon, or relate to any of the claims that were asserted in the Action, and any of the conduct, allegations, acts, transactions, facts, events, representations, statements, omissions, duties, or matters up to and including the date of Preliminary Approval that were or could have been alleged in this Action by Plaintiffs or by any other Settlement Class Members, whether assertable in the form of a cause of action or as a private motion, petition for relief or claim for contempt, or otherwise, and in any court, tribunal, arbitration panel, commission, agency, or before any governmental and/or administrative body, or any other adjudicatory body, and whether based on any federal, state (including, without limitation, breach of contract, breach of the implied covenant of good faith and fair dealing, the Delaware Consumer Fraud Act, 6 Del. C. §§ 2511, et seq., New York General Business Law § 349 et seq., New Jersey Consumer Fraud Act, N.J.S.A. § 56:8-1, et seq., and Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. § 42-110a, et seq.), local, statutory or common law or any other law, rule, regulation, ordinance, code, contract, common law, or any other source, including the law of any jurisdiction outside the United States (including both direct and derivative claims), including any and all claims for damages, injunctive relief, interest, attorney fees, and litigation expenses (“Released Claims”). Each Settlement Class Member who did not exclude himself or herself from the Settlement Class will also be bound by all of the decisions by the Court.

Section XV of the Settlement Agreement describes the legal claims that you gave up if you remained in the Settlement. The Settlement Agreement is available on the Documents page.

The deadline for all Settlement Class Members to exclude themselves from the Settlement passed on January 27, 2023.

Exclusion requests are no longer accepted.

No. If you did not exclude yourself, you gave up the right to sue TD Bank for the claims that the Settlement resolves. You were required to exclude yourself from the Settlement Class if you wanted to pursue your own lawsuit.

No. You will not receive a payment if you excluded yourself from the Settlement.

The Court has appointed lawyers to represent you and others in the Settlement Class as “Class Counsel”:

Class Counsel will represent you and others in the Settlement Class. You will not be charged for these counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

The Court granted Class Counsel’s request for $750,000.00 in attorneys’ fees, in addition to costs and expenses incurred in connection with this case. The attorneys’ fees and expenses awarded by the Court will be paid out of the Settlement Payment Amount.

The Court also granted Service Awards of $7,500.00 to one of the Class Representatives and $5,000.00 to each of the other four Class Representatives, to be paid out of the Settlement Payment Amount for their service as representatives of the entire Settlement Class.

The deadline for all Settlement Class Members to object to the Settlement passed on January 27, 2023.

Objections are no longer accepted.

Objecting is telling the Court that you do not like something about the Settlement. One can object to a Settlement only if they do not exclude themselves. Excluding yourself from a Settlement is telling the Court that you do not want to be part of the Settlement. If one excludes themselves from a Settlement, then they cannot object to the Settlement because it no longer affects them.

Please note, the deadline for all Settlement Class Members to exclude themselves from or object to the Settlement passed on January 27, 2023.

The Court held the Final Approval Hearing on February 23, 2023, at 11:00 a.m. EST at the United States District Court for the District of New Jersey, located at the Mitchell H. Cohen Building & U.S. Courthouse, 4th & Cooper Streets, Courtroom 4A, Camden, New Jersey 08101. At this hearing, the Court found that the Settlement is fair, reasonable, and adequate. The Court also granted Class Counsel’s requests for attorneys’ fees and expenses and for Service Awards for the Class Representatives.

If you did nothing, you will receive the benefits to which you are entitled under this Settlement.

Payments were mailed in May 2023 to Settlement Class Members who have not opted out.

Initial Settlement Fund Payment checks expired on October 28, 2023. If the Settlement Fund Payment check was not cashed, a reissued check will be sent to the Class Member's most recent address on file. Final reissue Settlement Fund Payment checks are anticipated to be sent as paper checks by the end of November 2023.

This Settlement Website summarizes the Settlement. More details are in the Settlement Agreement. You can obtain the complete Settlement Agreement from the Documents page. You also may write with questions to Campagna v. TD Bank Settlement Administrator, P.O. Box 6877, Portland, OR 97228-6877, email us at info@TDBankSecuredCardClassAction.com or call the toll-free number, 1-844-808-4836.

Please do not contact TD Bank or the Court for information.

The Update Personal Info page of this Settlement Website is closed. We anticipate final Settlement Fund Payment check reissues will be mailed by the end of November. Checks will be issued to the most recent address associated with your record.

If you have recently relocated and did not update your mailing address, please ensure you have properly set up postal mail forwarding as this is the final reissue of Settlement Fund Payment checks.

If the Settlement Class Member is deceased, as long as proper documentation was submitted before the date that Settlement Fund Payment checks were mailed, Settlement Fund Payments could be made payable to the estate of the deceased Settlement Class Member.

The Settlement Class Member’s estate must have provided (1) a copy of the death certificate confirming that the Settlement Class Member is deceased and (2) documentation showing the beneficiary of Settlement Class Member’s estate (acceptable documentation may be the pertinent portion of the Will, or Court Order/Letters Testamentary naming you as Personal Representative, Administrator, Executor, or Executrix).

Documentation is no longer accepted.

If the Settlement Class Member’s estate did not inform the Settlement Administrator of the Settlement Class Member’s death before Settlement Fund Payment checks were mailed, then the deceased Settlement Class Member is barred from receiving a Payment under this Settlement.