TD Bank agrees to pay $122 million to settle claims it employed illegal overdraft practices - CNBC | Canada News Media
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TD Bank agrees to pay $122 million to settle claims it employed illegal overdraft practices – CNBC

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TD Bank on Thursday agreed to pay $97 million in restitution to approximately 1.42 million customers, as well as a $25 million civil penalty to settle allegations brought by the Consumer Financial Protection Bureau that it engaged in illegal overdraft fee practices. 

Banks typically charge overdraft fees when you overdraw your checking account. Instead of having your debit card declined or the purchase canceled, your bank will cover the difference and charge you an overdraft fee. TD Bank, for example, charges $35 when you overdraft your account by more than $5 and levies up to five of these charges per day. 

But under current laws and regulations, banks have to give customers the option of opting into overdraft programs before charging them these fees. According to the consent order entered Thursday, TD Bank didn’t do that. Instead, the CFPB claims that from January 2014 through December 2018, TD charged consumers overdraft fees for ATM and debit card transactions without first getting their approval to enroll them into the program. In some instances, the CFPB claims TD Bank had new customers sign up for its Debit Card Advance overdraft program with the “enrolled” option pre-checked and did not mention the service at all. 

Additionally, TD Bank allegedly used deceptive language when marketing its Debit Card Advance program, claiming it was a “free” service, as well as referring to it as a “feature” or “package” that “comes with” new checking accounts, according to the CFPB. But like all overdraft programs, TD’s Debit Card Advance is an optional service.

Although TD Bank agreed to settle the case, president and CEO Greg Braca said in a statement Thursday that the bank disagreed with the CFPB’s conclusions. “Throughout the period in question, TD had a clear process to secure formal consent before providing this service to customers, enabling them to make an informed and conscious choice,” Braca said. He added that TD has already “voluntarily and proactively implemented enhancements” to the Debit Card Advance program’s disclosure and enrollment processes beginning in 2014. 

How to avoid getting dinged with overdraft fees

Americans spend about $117 a year on overdraft fees, according to a recent analysis by bill pay service doxo. Among households that overdraft once or more a year, the average cost is $354 per year. 

Some consumers may not be able to avoid late fees or overdrafts, especially during the pandemic when millions are unemployed. But for many, these fees may be avoidable. In fact, many times they occur because people simply forget, says Jim Kreyenhagen, VP of marketing and consumer services at doxo. “We get busy, we don’t think about moving money from our savings account to our checking account, we haven’t set up an automatic transfer, so we overdraft.”

Several banks, including Ally, Bank of America, PNC, Santander and Wells Fargo, have introduced programs that waive or refund overdraft fees upon request during the pandemic. Keep in mind that a majority of banks offering assistance right now do require that customers call to enroll in these programs; it’s not automatic.

To further help those struggling amid the pandemic avoid these fees, Senators Cory Booker (D-N.J.) and Sherrod Brown (D-Ohio) introduced a bill earlier this year that would bar banks, credit unions and other financial institutions from charging overdraft fees until the coronavirus crisis is over. The bill, however, has not yet made it into a stimulus package or onto the Senate floor for a vote and currently only has a 4% chance of being enacted into law

It can also help to make it a habit to regularly check your account balance to see if you have enough money there to cover your expenses. If you’re short on cash at the moment, see if there’s a way to avoid overdrawing your account, perhaps by dipping into savings or asking friends and family for financial support. 

If you do find that you’re routinely overdrafting, you can opt out of the overdraft protection program and avoid the fees altogether. There may be an option to unenroll from overdraft protection within your account settings on your online banking portal, or you may have to call your bank directly and ask to be removed from any overdraft programs. Once you’re unenrolled, your debit card purchase will be declined if there’s not enough money in your account.

Keep in mind that you can only opt out of overdrafts on one-time transactions made with your debit card, so if you use checks, or if you have recurring payments set up (think your rent or monthly subscription services) and you go over your current checking balance, you may still be charged an non-sufficient funds fee.

Another way to stop overdraft fees is by changing banks. Some banks offer checking accounts without monthly fees, overdraft fees or non-sufficient funds fees, including Discover Bank’s checking account and online bank Simple’s checking account. Wells Fargo plans to roll out two types of checking accounts without overdraft fees early next year.

Check out: Americans spend over $5,000 a year on groceries—save hundreds at supermarkets with these cards

Don’t miss: Overdrafts earned the biggest banks $11.68 billion last year—and experts warn they could ‘balloon exponentially’ during the pandemic

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Roots sees room for expansion in activewear, reports $5.2M Q2 loss and sales drop

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TORONTO – Roots Corp. may have built its brand on all things comfy and cosy, but its CEO says activewear is now “really becoming a core part” of the brand.

The category, which at Roots spans leggings, tracksuits, sports bras and bike shorts, has seen such sustained double-digit growth that Meghan Roach plans to make it a key part of the business’ future.

“It’s an area … you will see us continue to expand upon,” she told analysts on a Friday call.

The Toronto-based retailer’s push into activewear has taken shape over many years and included several turns as the official designer and supplier of Team Canada’s Olympic uniform.

But consumers have had plenty of choice when it comes to workout gear and other apparel suited to their sporting needs. On top of the slew of athletic brands like Nike and Adidas, shoppers have also gravitated toward Lululemon Athletica Inc., Alo and Vuori, ramping up competition in the activewear category.

Roach feels Roots’ toehold in the category stems from the fit, feel and following its merchandise has cultivated.

“Our product really resonates with (shoppers) because you can wear it through multiple different use cases and occasions,” she said.

“We’ve been seeing customers come back again and again for some of these core products in our activewear collection.”

Her remarks came the same day as Roots revealed it lost $5.2 million in its latest quarter compared with a loss of $5.3 million in the same quarter last year.

The company said the second-quarter loss amounted to 13 cents per diluted share for the quarter ended Aug. 3, the same as a year earlier.

In presenting the results, Roach reminded analysts that the first half of the year is usually “seasonally small,” representing just 30 per cent of the company’s annual sales.

Sales for the second quarter totalled $47.7 million, down from $49.4 million in the same quarter last year.

The move lower came as direct-to-consumer sales amounted to $36.4 million, down from $37.1 million a year earlier, as comparable sales edged down 0.2 per cent.

The numbers reflect the fact that Roots continued to grapple with inventory challenges in the company’s Cooper fleece line that first cropped up in its previous quarter.

Roots recently began to use artificial intelligence to assist with daily inventory replenishments and said more tools helping with allocation will go live in the next quarter.

Beyond that time period, the company intends to keep exploring AI and renovate more of its stores.

It will also re-evaluate its design ranks.

Roots announced Friday that chief product officer Karuna Scheinfeld has stepped down.

Rather than fill the role, the company plans to hire senior level design talent with international experience in the outdoor and activewear sectors who will take on tasks previously done by the chief product officer.

This report by The Canadian Press was first published Sept. 13, 2024.

Companies in this story: (TSX:ROOT)

The Canadian Press. All rights reserved.

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Talks on today over HandyDART strike affecting vulnerable people in Metro Vancouver

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VANCOUVER – Mediated talks between the union representing HandyDART workers in Metro Vancouver and its employer, Transdev, are set to resume today as a strike that has stopped most services drags into a second week.

No timeline has been set for the length of the negotiations, but Joe McCann, president of the Amalgamated Transit Union Local 1724, says they are willing to stay there as long as it takes, even if talks drag on all night.

About 600 employees of the door-to-door transit service for people unable to navigate the conventional transit system have been on strike since last Tuesday, pausing service for all but essential medical trips.

Hundreds of drivers rallied outside TransLink’s head office earlier this week, calling for the transportation provider to intervene in the dispute with Transdev, which was contracted to oversee HandyDART service.

Transdev said earlier this week that it will provide a reply to the union’s latest proposal on Thursday.

A statement from the company said it “strongly believes” that their employees deserve fair wages, and that a fair contract “must balance the needs of their employees, clients and taxpayers.”

This report by The Canadian Press was first published Sept. 12, 2024.

The Canadian Press. All rights reserved.

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Transat AT reports $39.9M Q3 loss compared with $57.3M profit a year earlier

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MONTREAL – Travel company Transat AT Inc. reported a loss in its latest quarter compared with a profit a year earlier as its revenue edged lower.

The parent company of Air Transat says it lost $39.9 million or $1.03 per diluted share in its quarter ended July 31.

The result compared with a profit of $57.3 million or $1.49 per diluted share a year earlier.

Revenue in what was the company’s third quarter totalled $736.2 million, down from $746.3 million in the same quarter last year.

On an adjusted basis, Transat says it lost $1.10 per share in its latest quarter compared with an adjusted profit of $1.10 per share a year earlier.

Transat chief executive Annick Guérard says demand for leisure travel remains healthy, as evidenced by higher traffic, but consumers are increasingly price conscious given the current economic uncertainty.

This report by The Canadian Press was first published Sept. 12, 2024.

Companies in this story: (TSX:TRZ)

The Canadian Press. All rights reserved.

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