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

US District Judge Robert Kugler recently declined to dismiss a class action lawsuit against TD Bank. The lawsuit alleges that the bank overcharged customers using ATMs outside of TD Bank’s network, according to a report by Courier Post.

Specifically, the lawsuit targets a TD policy that charges two fees of $ 3 each when customers check their balance and withdraw money from an ATM off the network. Client attorneys claimed that the wording of the contract only allowed the fee for a single withdrawal, while TD claims that they “expressly authorized and conspicuously disclosed” both types of fees.

Kulger said the lawsuit made “compelling” arguments that the language in TD’s contract was ambiguous.

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