The Toronto-Dominion Bank (TD) – TD Travel Credit Cards – TD Points – Quebec Class Action

Date of Initial Application: July 17, 2015

On October 27, 2016, the Superior Court of Quebec approved the settlement in this file.

A copy of the Settlement Approval Judgment is available on this page.

________________________________________________________________________________________________________________

July 21, 2016

PLEASE READ THIS NOTICE ATTENTIVELY SINCE YOUR RIGHTS AND RECOURSES MAY BE AFFECTED BY A PROPOSED CLASS ACTION SETTLEMENT

If you are a person in the Province of Quebec (Canada) who is a primary cardholder or an additional cardholder of one or more of the following TD Travel Cards:

  • “TD First Class Travel Visa Infinite Card”
  • “TD Platinum Travel Visa Card”
  • “TD Classic Travel Visa Card”
  • “TD Business Travel Visa Card”

(the “Putative Class Members”), your rights could be affected by a proposed class action settlement.

On July 21, 2016, the Superior Court of Quebec authorized the class action for settlement purposes only concerning the Putative Class Members (the “Class Action”).

The Parties have reached a settlement which is subject to the approval of the Court (the “Settlement Agreement”, a copy of which is available on this web page), without any admission of liability.

The Superior Court of Quebec will hold a hearing on October 27th, 2016 at 9:00 AM, in room 15.07 of the Montréal Courthouse located at 1 Notre-Dame Street East in Montréal, to determine whether it will approve the Settlement Agreement.

You may attend the hearing if you wish but you have no obligation to do so.

If you agree with the proposed settlement and wish to be bound by said settlement, you have nothing at all to do.

 

SETTLEMENT AGREEMENT SUMMARY

As per the Settlement Agreement, the Respondent agrees to maintain and apply the Redemption Value of 10,000 TD Points equal $50 in travel savings (or 200 TD Points equal $1 in travel savings) to an Eligible Account on a Book Any Way Travel Purchase (also known as “Other Travel Providers” hereinafter “Book Any Way Travel Purchase”) for an on-going period ending on August 31st, 2017 inclusively (the “Eligible Period”).  Until that date, you will be able to continue to redeem any TD Points you may have accumulated at said Redemption Value.  All existing terms and conditions of the TD Travel Rewards Program, detailing how and under what circumstances you may redeem TD Points, remain applicable.

At the end of this Eligible Period, namely as of September 1st, 2017, the following New Redemption Value will apply to all Eligible Accounts for any remaining outstanding TD Points on your account, for Book Any Way Travel Purchases:

 

TD Points Redeemed

on a Book Any Way Travel Purchase

New Redemption Value

-First 300,000 TD Points on a Book Any Way Travel Purchase

10,000 TD Points = $40 in travel savings
or
250 TD Points = $1 in travel savings

-Next 300,000 or more TD Points on the same Book Any Way Travel Purchase

10,000 TD Points = $50 in travel savings
or
200 TD Points = $1 in travel savings

You should therefore take note of this Eligible Period in order to be able to redeem your TD Points at the Redemption Value before September 1st, 2017 for Book Any Way Travel Purchases.  You have no obligation to redeem any TD Points before September 1st, 2017 but as mentioned, as of that date, all your accumulated TD Points will be subject to the New Redemption Value for Book Any Way Travel Purchases detailed in the table above.

The Respondent also agrees to pay Petitioner’s Class Counsel the Class Counsel Fees as detailed in the Settlement Agreement.  These Class Counsel Fees will not affect your account.

In consideration of the Settlement Agreement, the Respondent will receive from you and the other Putative Class Members a full release of any and all claims made in Petitioner’s Amended Application for Authorization of a Class Action.

 

RIGHT OF EXCLUSION (Opt Out)

If you do not wish to be bound by this Class Action and Settlement Agreement, you must send, by no later than October 6th, 2016 (the “opt out deadline”), to the clerk of the Superior Court of Quebec a duly signed request of exclusion containing all of the following information:

  1. The name and Court docket number of this case, which is: Medalsy vs. The Toronto-Dominion Bank (500-06-000750-154);
  2. Your name, address, phone number(s) and email address(es) (if you have one), name of the TD Travel Card issued, account number, and the total balance of TD Points in your account (if known);
  3. Specific confirmation that you wish to exclude yourself (opt out) of the Class Action and the Settlement Agreement in this case.

The request for exclusion (opt out) must be sent by registered or certified mail (with a copy to our firm) at the following address:

Greffe de la Cour supérieure du Québec

PALAIS DE JUSTICE DE MONTRÉAL
1 Notre-Dame Street East
Room 2.120
Montreal (Quebec) H2Y 1B5

If you opt-out from this Class Action and Settlement Agreement, you will not be eligible to receive the benefits of this Settlement Agreement and, therefore, the New Redemption Value detailed in the table above will be applicable to your account without further notice. Should you opt-out you will therefore be solely responsible for ensuring and prosecuting your own rights and recourses at your own costs and within any applicable legal delays.

RIGHT TO OBJECT OR TO MAKE ARGUMENTS

WITH REGARD TO THE SETTLEMENT 

The Parties’ attorneys will make representations to the Court in support of the Settlement Agreement at the above mentioned settlement approval hearing.

If you wish, you can also come to Court to present your arguments or objections (Right to Object) with regard to the Settlement Agreement.  You have no obligation to do so.

To exercise your Right to Object, you must submit a signed objection notice on or before October 6th, 2016 at the latest. Your notice must briefly state your name, contact information, the reasons why you object, whether your intent is to be present in Court during the settlement approval hearing on October 27th, 2016, and if you intend to be represented by independent counsel (providing the name and contact information of said counsel if known).

The objection notice must be sent to our firm by no later than October 6th, 2016.  However, if you agree with the proposed settlement and wish to be bound by said Settlement Agreement, you have no obligation to submit any notices whatsoever and you have no obligation to be present at the hearing.

The complete terms of the Settlement Agreement and of the Notices to class members are available on this page.

In case of discrepancies between this page and/or the Notices and the Settlement Agreement, the Settlement Agreement shall prevail.

 

 

________________________________________________________________________________________________________________________

LEX GROUP Inc. has launched a national class action lawsuit against The Toronto-Dominion Bank (hereinafter “TD”), on behalf of all Canadians who, on August 16, 2015:

– are/were a Primary Cardholder or Authorized User of one of the following TD Travel Credit Cards:

a)     the “TD First Class Travel Visa Infinite Card”;

b)     the “TD Platinum Travel Visa Card”;

c)     the “TD Classic Travel Visa Card”;

d)     the “TD Business Travel Visa Card”;

(hereinafter collectively the “TD Travel Card(s)”);

and

–  had earned and accumulated (but not yet redeemed) TD Points on their said TD Travel Card;

 

The class action proceedings allege that in June/July 2015, TD decided to unilaterally modify the Cardholder Agreements governing the TD Travel Cards (and the TD Travel Rewards Program) in order to reduce the value of the Cardholders’ TD Points earned and accumulated before August 16, 2015.

In this regard, before August 16, 2015, TD Points could be redeemed off the cost of Travel Purchases at a value of $50 for each 10,000 TD Points increments, or $1 for 200 TD Points.

However, as of August 16, 2015, TD reduces the redemption value from $50 to 40$ for each 10,000 TD Points increments, when making Travel Purchases with third-party providers other than TD’s own “Expedia for TD” service.

Accordingly, if you are a Primary Cardholder or an Authorized User of one of the above-listed TD Travel Cards, with TD Points accumulated before August 15, 2015, then you may be part of the proposed Class defined by the class action initiated by our office.  Should you be defined as a member of the class, you may be entitled to compensation should the Court authorize and ultimately grant the class action, or should a settlement be reached (and approved by the Court).

Please fill out the form below if you wish to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.  Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.  By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.