CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Class Action SUPERIOR COURT NO.: 500-06-000372-066 OPTION CONSOMMATEURS 500-06-000373-064 500-06-000375-069 Plaintiff -and- SERGE LAMOUREUX MICHELLE GRIFFITH DANY BROUSSEAU MARYLOU CORRIVEAU Designated Persons v. THE TORONTO-DOMINION BANK and al. Defendants CANADA PROVINCE OF QUÉBEC DISTRICT OF QUÉBEC NO.: 200-06-000033-038 Class Action SUPERIOR COURT OPTION CONSOMMATEURS Plaintiff -and- JOËL-CHRISTIAN ST-PIERRE Designated Person v. THE TORONTO-DOMINION BANK and al. Respondents
SETTLEMENT AGREEMENT NOTICE OF HEARING TO APPROVE THE SETTLEMENT Class action settlement regarding TD and MBNA credit cards Please read this notice carefully as it may affect your rights. Class actions have been instituted by Option consommateurs against several financial institutions, including The Toronto-Dominion Bank ( TD Bank ) and MBNA Canada Bank (now known as BofA Canada Bank), in respect of certain practices applicable to their credit cards. These practices relate to unilateral credit limit increases, calculation of the 21-day grace period before the application of credit charges, overlimit fees and cash advance fees. In the class actions, Option consommateurs claimed that TD Bank contravened the Consumer Protection Act in relation to the above credit card practices. TD Bank contested the claims, noting that it complied at all times with applicable federal legislation. TD Bank and Option consommateurs have negotiated and reached a settlement of these class actions, with no admission of liability. This settlement may affect your rights, whether you act or not. This settlement is subject to the approval of the Superior Court. Why is this Notice published? BASIC INFORMATION The purpose of this notice is to inform you that Option consommateurs and TD Bank have reached a settlement putting an end to the class actions. This settlement covers the period from the institution of the class actions until October 22, 2014. Option consommateurs and its lawyers believe that the settlement is the best solution for the consumers; they will ask the Superior Court to approve it. The Superior Court will hold a hearing to determine whether it will approve the settlement and extend the period of the class actions so that the period covered ends at the date of execution of the settlement agreement. You may attend the hearing, which will take place on February 18, 2015 at 10:30 a.m. in room 15.07 of the Montréal Courthouse located at 1 Notre-Dame Street East in Montréal.
SETTLEMENT SUMMARY What is the purpose of the settlement? Compensation: TD Bank agrees to pay a total amount of $3,280,000 as part of the settlement. This amount will be distributed as follows: - An amount of at least $2,227,207.96 will be distributed in equal shares (approximately $4.45) to each of the eligible TD Bank s credit card accounts and also to the eligible MBNA credit card accounts opened since December 1, 2011. - an amount of $820,000 plus taxes will be paid to counsel for Option consommateurs. - an amount of $50,000 will be paid to Option consommateurs as indirect compensation to compensate closed accounts. Release: In consideration of payment of the total amount of $3,280,000.00, TD Bank will receive a release of any and all claims made in the class actions or to be made, including any claims related to the unilateral credit limit increases, the calculation of the grace period before the application of credit charges, the overlimit fees and cash advance fees, if one or more of these practices have occurred before October 22, 2014, for all TD Bank credit card accounts and all MBNA credit card accounts. This settlement is without any admission of liability. Who will receive a compensation? Compensation will be distributed to all eligible TD Bank credit card accounts and also to all eligible MBNA credit card accounts opened since December 1, 2011, that meet the following criteria: 1. the account is open; 2. the cardholder's first and last name appear on the electronic version of the account; 3. the account is coded as residing in the province of Québec; 4. the number of credit cards associated with the account is greater than zero; 5. any or all of the balance of the account has not been compromised, written off or charged off or is not 60 or more days past due; 6. is an account to which a supplementary disclosure statement is to be sent under the Cost of Borrowing Regulations SOR/2001-101, for the period in which the credit is to be applied, without consideration of that credit;
7. is an account in respect of which one or more of the holders has not exercised a right of exclusion as communicated to counsel for TD Bank by counsel for Option consommateurs pursuant to the settlement; 8. is an account for which transactional data exists in electronic format; and 9. for greater certainty excludes credit cards issued by TD Bank, through its division CUETS Financial. What do I have to do to receive compensation? If you are entitled to compensation, there is no action that you have to take in order to be compensated. The compensation will be deposited directly by way of credit in each of the eligible accounts (see above). OPTING OUT If you do not wish to be bound by this settlement for any reason whatsoever, you must take steps to exclude yourself from the group. What happens if I exclude myself? If you exclude yourself: 1. You will not receive any compensation; 2. You will not be bound by the class actions or this settlement; and 3. You will not be able to object to this settlement. What happens if I do not exclude myself? If you do not exclude yourself: 1. A credit will be distributed directly to your credit card account, if you are eligible; 2. You will give up the right to take your own legal actions against TD Bank regarding the matters covered by the settlement; 3. You will be able to present arguments to the Court with regard to the settlement; If you do not exclude yourself and the settlement is approved, you will receive a compensation and you will give a release to TD Bank, as mentioned above in the section What is the purpose of the settlement. How can I exclude myself? To exclude yourself, you must send to the clerk of the Québec Superior Court a duly signed request for exclusion containing the following information: 1. The court docket numbers of the class actions: 500-06-000372-066, 500-06-000373-064, 500-06-000375-069 and/or 200-06-000033-038;
2. Your name, your address, your phone number and your email adress if you have one; 3. The declaration must contain the relevant numbers of your credit card accounts. The request for exclusion must be sent by registered or certified mail before February 8, 2015 to the following address: Greffe de la Cour Supérieure du Québec PALAIS DE JUSTICE DE MONTRÉAL 1 Notre-Dame Street East Room 1.120 Montreal (Québec) H2Y 1B5 Reference: 500-06-000372-066, 500-06-000373-064, 500-06-000375-069 Or Greffe de la Cour supérieure du Québec PALAIS DE JUSTICE DE QUÉBEC 300, boulevard Jean-Lesage Québec, Qc G1K 8K6 Reference : St-Pierre action - 200-06-000033-038 PRESENTATION OF YOUR ARGUMENTS WITH REGARD TO THE SETTLEMENT Counsel for Option consommateurs will make representations to the Court with regard to the settlement. If you so wish, you can also come to Court to present your arguments with regard to the settlement. How can I present my arguments to the Court with regard to this settlement? To present your arguments to the Court, you must appear at the hearing that will be held on February 18, 2015 at 10:30 a.m. in room 15.07 of the Montreal Courthouse, located at 1 Notre-Dame Street East in Montréal. Although you are not obligated to do so, it is also suggested that you complete and send, before the hearing, an arguments form, which may be downloaded from the website of either Option consommateurs or its lawyers, or may be obtained by mail (see section For More Information ). Be sure to explain what your arguments are. Do I need a lawyer in order to present my arguments to the Court?
No. You can present your arguments to the Court with regard to the settlement without a lawyer. If you wish to be represented by a lawyer, you may hire one at your own expense. If I present my arguments to the Court and the settlement is approved, will I still be eligible for compensation? Yes, you will still receive compensation if you are eligible. How can I obtain more information? FOR MORE INFORMATION For more information and access to the text of the settlement agreement, the schedules and the various forms, please go to the following websites: Option consommateurs: www.option-consommateurs.org/ Lawyers for Option consommateurs: http://www.sfpavocats.ca/recours-collectifs/ No other notice will be published or distributed in connection with the settlement. In case of discrepancies between this notice and the settlement agreement, the settlement agreement shall prevail. The publication of this notice has been approved by the Court.