Jessy Edwards  |  September 9, 2022

Category: Legal News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

A TD Bank logo is pictured
(Photo Credit: PL Gould/Shutterstock)

TD Bank class action overview: 

  • Who: A Florida resident is suing TD Bank. 
  • Why: The plaintiff says TD Bank illegally and fraudulently opened accounts for people without their consent.
  • Where: The lawsuit was filed in a Florida federal court.

Consumers who have never banked with TD Bank discovered that TD Bank opened fraudulent accounts using their identity and personal information, a new class action lawsuit alleges.

Plaintiff Alba Herrera filed the class action lawsuit against TD Bank, N.A. Sept. 6 in a Florida federal court, alleging violations of the Fair Credit Reporting Act.

According to the lawsuit, TD Bank has a practice of allowing unauthorized accounts to be opened without minimal verification or security authentication procedures.

Most recently, unauthorized third parties capitalized on TD Bank’s “loose practices” by using TD Bank’s Online Banking platform to open fraudulent checking and savings accounts with consumers’ stolen personal identifying information, the lawsuit alleges.

“The consumers were not aware of these accounts being opened, did not authorize them, and in Plaintiff’s case, had never even banked with TD Bank in the past,” it states.

Consumers shocked to have TD Bank accounts, lawsuit says

In February 2022, residents of the Sandhills area in North Carolina began receiving checks, debit cards, statements, and welcome letters from TD Bank, Herrera alleges. 

The residents were shocked because they had never opened accounts with TD Bank, and the nearest TD Bank branch was 100 miles away in South Carolina, the TD Bank lawsuit states. 

“TD Bank never reached out to them to confirm identity before opening the accounts.”

Herrera says the local authorities opened an investigation and determined that over 1,000 Sandhills residents’ names were used to open unauthorized TD Bank accounts.

Hererra is looking to represent anyone who had a checking or savings account opened under their identity by TD Bank without their authorization using personal information via TD Bank’s online banking platform.

The plaintiff is suing for negligence, violations of the Fair Credit Reporting Act, and violations of the Electronic Funds Transfer Act.

Herrera is seeking certification of the class action, damages, fees, costs and a jury trial. 

The news comes as Bank of America, Wells Fargo and TD Bank are accused of aiding and abetting the multibillion dollar TelexFree ponzi scheme. In September, consumers who say they were each misled when they applied for a secured TD Bank credit card filed a class action lawsuit against the bank. 

Read about more class action lawsuits and settlements involving banks here

What do you think of the allegations in this TD Bank class action lawsuit? Let us know your thoughts in the comments! 

The plaintiff is represented by Jeff Ostrow and Jonathan M. Streisfeld of Kopelowitz Ostrow, P.A. and Lynn A. Toops, Amina A. Thomas and Lisa M. La Fornara of Cohen & Malad, LLP.

The TD Bank class action lawsuit is Alba Herrera v. TD Bank, N.A., Case No. 1:22-cv-22838-XXXX in the U.S. District Court for the Southern District of Florida.


Don’t Miss Out!

Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!


Read About More Class Action Lawsuits & Class Action Settlements:

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

15 thoughts onTD Bank class action claims company opened fraudulent consumer accounts

  1. JM says:

    TD Bank, especially Brick, NJ (Ocean County), needs all savings accounts investigated. The savings book which transactions are printed on are not secure leaving the customer at risk for account mistakes, theft and identity theft BY THE EMPLOYEEES.

  2. Lettitia T Hodges says:

    I received 2 statements at the same time stating an account under my name was issued a check but was returned NSF. This is the first I’ve ever heard of the remitted and bank. I believe I am a victim of fraudulent activity.

  3. Thurman Lamberti says:

    Add me as well please this happened to me too

  4. Tameka Parker says:

    This has happened to me as well

  5. Nathan Clark says:

    I believe that I am a victim of TD Bank fraud as well. A credit card account was opened in my name without my expressed permission. A balance was added but I received no notification of the account.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.