TD Bank, ARC sued over alleged sale of travelers’ financial, flight data to federal agencies

TD Bank class action lawsuit overview:

• Who: Plaintiffs David Ramirez and Candice McIntyre filed a class action lawsuit against TD Bank N.A. and Airlines Reporting Corporation (ARC).
• Why: Ramirez and McIntyre claim the companies sold airline passengers’ personal and financial data to federal government agencies without their consent.
• Where: The TD Bank class action lawsuit was filed in Delaware federal court.

A new class action lawsuit accuses TD Bank and Airlines Reporting Corporation of selling airline passengers’ personal and financial data to federal government agencies without their consent.

Plaintiffs David Ramirez and Candice McIntyre’s class action lawsuit claims TD Bank and ARC violated the Right to Financial Privacy Act (RFPA) by selling airline passengers’ personal and financial data to federal government agencies without warrants, subpoenas or notice to the passengers.

“Defendants have operated a secret pipeline for years that delivers, for profit, detailed personal and financial information — including over three years’ worth of passengers’ full names, addresses, complete credit card numbers, travel itineraries and payment amounts — directly to multiple federal agencies,” the TD Bank class action lawsuit says.

Ramirez and McIntyre argue the companies sold the data in “bulk” to government agencies, including the U.S. Immigration and Customs Enforcement, Customs and Border Protection, Internal Revenue Service, Secret Service and Department of Defense.

Class action: TD Bank, ARC violated RFPA’s core requirements

Ramirez and McIntyre seek to represent a nationwide class of individuals who had their financial records relating to airline ticket purchases processed through ARC and TD Bank’s settlement system and disclosed to federal government agencies through ARC’s travel intelligence program without proper legal process or notice between Jan. 1, 2021, and April 21, 2026.

The plaintiffs argue the companies violated the RFPA, which requires individualized legal process, written certification of compliance and an opportunity for customers to challenge disclosures before their financial records can be shared with the government.

They demand a jury trial and request declaratory and injunctive relief and an award of statutory, actual and punitive damages for themselves and all class members.

Last year, TD Bank faced a class action lawsuit alleging it improperly charged customers overdraft fees.

Have you ever had your personal and financial data sold to a federal government agency without your consent? Let us know in the comments.

The plaintiffs are represented by Mark D. Richardson, Jonathan D. Waisnor and James M. Fee of Labaton Keller Sucharow LLP and Brian Levin of Levin Law P.A.

The TD Bank class action lawsuit is Ramirez, et al. v. TD Bank N.A., et al., Case No. 1:26-cv-00460-UNA, in the U.S. District Court for the District of Delaware.

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