Fratianne v. TD Bank, N.A.
Duplissie v. TD Bank, N.A.

FREQUENTLY ASKED QUESTIONS

Your Legal Rights May Be Affected: The Class Notice explains the Actions, the proposed Settlement, the requests by Class Counsel and the Class Representatives, your legal rights, what benefits are available, who is eligible for them, and how to get them.

The Class Notice is being sent to Class Members by a Court order requiring that you be informed of the proposed Settlement and the Settlement Hearing to be held by the Court to consider, among other things, whether

(a) the Settlement is fair, reasonable and adequate and should be approved; and

(b) to grant Class Counsel’s request for Class Counsel Fees and the Class Representatives’ request for a Service Award. The Class Notice is not an expression of any opinion by the Court as to the merits of the claims or defenses asserted in the Actions.

A. The Allegations

Return of Mortgage Release:  The Actions claim that TD Bank failed to mail or failed to timely mail recorded mortgage releases to Plaintiffs within thirty (30) days after TD Bank received them from the registry of deeds in violation of 33 M.R.S.A. § 551 (Supp. 2014). 
The Actions further assert that, for hundreds of other residential and commercial mortgagors / borrowers, TD Bank similarly failed to timely mail recorded mortgage releases within thirty (30) days after TD Bank received them from the registry of deeds. 

Express Denial:  TD Bank expressly denies all the claims in the Actions and denies that it has done anything wrong.

B. Status of the Actions

Complaints:  Plaintiffs Fratianne and Duplissie commenced the Actions by filing putative class action complaints on May 8, 2015 and November 17, 2015, respectively.

Formal and Informal Discovery: The Plaintiffs and TD Bank (collectively, “Settling Parties”) engaged in substantial discovery, including the production of documents, the taking of depositions and the exchange of other written information requests, as described in more detail in Section 1 of the Settlement Agreement.

Mediation: To explore the possibility of settlement, the Settling Parties retained the Honorable Edward N. Cahn (Ret.), an experienced, independent mediator, to assist them in determining whether a resolution of the Actions was possible.

Settlement: Following mediation, the Settling Parties agreed to settle the Actions on the terms stated in the Settlement Agreement, subject to approval by the Court.
Preliminary Approval: On October 28, 2016, the Court entered an Order (“Preliminary Approval Order”) which, among other things,

(a) preliminarily approved the Settlement Agreement subject to further consideration of the Settlement, and any objections, at the Settlement Hearing;

(b) preliminarily certified, for settlement purposes only, the Class as defined above;

(c) preliminarily appointed Plaintiffs as Class Representatives and Plaintiffs’ counsel as Class Counsel;

(d) authorized the Class Notice to be posted to this Settlement Website and for notices to be sent directly to Class Members and to be published; and

(e) scheduled a Settlement Hearing to consider, among other things, whether the Settlement is fair, reasonable and adequate and should be approved. 

More Information Online: Copies of the Preliminary Approval Order and its exhibits can be obtained on this Settlement Website at the section entitled “Settlement Filings” or by requesting a copy from the Settlement Administrator whose contact information can be found in the Contact Us section of this Settlement Website.

Class Actions and Class Representatives: A class action is similar to any lawsuit, except that it is prosecuted by the plaintiff, referred to as the “class representative,” on behalf of the individual plaintiff and a class of similarly situated persons – which might include you.

Class Counsel: Counsel for the plaintiff typically serves as counsel for the class and is referred to as “class counsel.” Class counsel owes a fiduciary duty to the class and acts as your lawyer if you are determined to be a class member.

Court Supervision: The Court in a class action actively supervises the conduct of the proceedings to ensure that the interests of the class are fairly represented. Among other things, the Court must approve the appointment of plaintiff as the class representative and plaintiff’s counsel as class counsel and the class action may not be settled unless the Court determines that the settlement is fair, reasonable and adequate and should be approved. Moreover, in a class action, determinations by the Court, whether or not favorable to the plaintiff, will also bind the members of the class that the plaintiff represents, unless a class member has requested to be excluded from the class.

In these Actions, Justice Michaela Murphy is assigned to the Actions for purposes of hearing and determining the Plaintiffs’ motions for preliminary and final approval of the Settlement Agreement and the Settlement and, if approved, for all proceedings related to the implementation, enforcement and administration of the Settlement Agreement and the Settlement.

Appointment of Class Representatives and Class Counsel: The Court, in the Preliminary Approval Order, preliminarily appointed the Plaintiffs to be the Class Representatives and Plaintiffs’ counsel, Michael R. Bosse, Daniel J. Mitchell, and Meredith C. Eilers, of the law firm of Bernstein Shur, to be Class Counsel.

Contact Class Counsel: Class Counsel can be contacted, if necessary, as follows:

Michael R. Bosse
Daniel J. Mitchell
Meredith C. Eilers
Bernstein Shur
100 Middle Street
P.O. Box 9729
Portland, ME 04104-5029
(207) 774-1200

Appointment of Settlement Administrator: Also, in its Preliminary Approval Order, the Court appointed RG/2 Claims Administration LLC to act as the Settlement Administrator. Its responsibilities include, among other things, creating and maintaining this Settlement Website, responding to inquiries from, and communicating with, Class Members and reviewing submitted Proof of Claims and Revised Proof of Claims, as applicable, to determine if they were timely submitted, complete and valid and should be approved for issuance of a Distribution Check in the amount of a Claim Payment.

Contact Settlement Administrator: The Settlement Administrator can be contacted by mail, email and phone as follows:

TD Mortgage Release
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
Email: mortgagereleasesettlement@rg2claims.com
Toll Free Phone: (866) 742-4955

If you choose to contact the Settlement Administrator for any purpose other than to submit a Proof of Claim or to request to be excluded from the Class, then please refer to either one or both Actions and provide your full name and email or mailing address. Submissions to the Settlement Administrator of Proof of Claims and requests to be excluded from the Class must be done in the manner and method described in FAQs 7 & 16.

You are a Class Member if you meet the definition of the Class as follows:

All persons or entities who were the mortgagor party to a residential or commercial mortgage on real property located in the State of Maine serviced by TD Bank, for which all authorized principal, interest and all other amounts due or otherwise owed by law was completely paid at any time after September 28, 2011 and before the date of the Preliminary Approval Order and concerning which:

(1) TD Bank recorded an original written Mortgage Release with a registry of deeds in the State of Maine;

(2) TD Bank received a recorded Mortgage Release back from the applicable county registry of deeds; and

(3) TD Bank (a) sent the recorded Mortgage Release to the mortgagor party more than thirty (30) days after receiving it back from the registry of deeds or (b) did not send such recorded Mortgage Release to the mortgagor.

If you received the Class Notice sent directly to you concerning the proposed Settlement, then you are likely a member of the Class, unless the Notice was sent in error. Alternatively, you may have learned about the proposed Settlement through the published Notice or in some other manner.

In any of these events, you can determine if you are a member of the Class by calling Class Counsel, Bernstein Shur at (207) 774-1200, and ask whether you are a Class Member. Class Counsel can compare your name against a list of Class Members.

Please do not contact the Settlement Administrator to determine whether you are Class Member.

The Court has not reached any final decisions in connection with the Class Representatives’ claims against TD Bank.

Avoiding Further Litigation Uncertainty and Costs: The Class Representatives and TD Bank have agreed to the proposed Settlement. In reaching the Settlement, they have avoided the cost, delay and uncertainty of further litigation.

As in any litigation, the Class Representatives and the proposed Class would face an uncertain outcome if they did not agree to the proposed Settlement. The Settling Parties expected that the Actions could continue for a long time and that if the Class Representatives succeeded, TD Bank would file appeals that would substantially postpone final resolution of the Actions. Continuation of the Actions against TD Bank could result in a judgment greater than the proposed Settlement. Conversely, continuing the Actions could result in no recovery at all or a recovery that is less than the amount of the proposed Settlement.

Fairness, Reasonableness and Adequacy: The Class Representatives and Class Counsel believe that the proposed Settlement is fair, reasonable and adequate and should be approved by the Court. They have reached this conclusion for several reasons. If the Settlement is approved, then the Class Members who timely submit complete and valid Proof of Claims will receive a significant monetary recovery.

Also, Class Counsel believes that the significant and immediate benefits of the proposed Settlement are an excellent result for the Class – especially given the risks and uncertainties of continued litigation.

Express Denial: TD Bank expressly denies any wrongdoing whatsoever, and is making this Agreement solely to avoid the continuing costs, distractions from daily business operations and risks concerning the Actions, and to accommodate customers who are Class Members.

No Admission: This Agreement is not, and shall not be construed or deemed to be, evidence of an admission or concession by TD Bank concerning any claim, liability or damage.

Three Payment Groups: A Class Member who timely submits a complete and valid Proof of Claim and IRS Form W-9 (“Authorized Claimant”) shall receive a Claim Payment as follows:

(a) “Claim Payment Group A”: $500 to Authorized Claimants who can certify and prove, through the submission of documentation, that a recorded Mortgage Release was returned late;

(b) “Claim Payment Group B”: $500 to Authorized Claimants who certify that a recorded Mortgage Release was never returned;

(c) “Claim Payment Group C”: $250 to Authorized Claimants who certify that they received a recorded Mortgage Release, but the recorded Mortgage Release was returned late and have no supporting documentation or tangible proof.

Potential for Pro Rata Payments: If the amount in the Settlement Fund, after payment of the Settlement Administration Costs, Class Counsel Fees and Service Awards, is insufficient to pay all of the Authorized Claimants, then the Authorized Claimants shall be paid pro rata. The pro rata share for Authorized Claimants in Claim Payment Group C shall be half of the pro rata share of Authorized Claimants in Claim Payment Group A and Claim Payment Group B.

“Distribution Checks”: Checks issued to Authorized Claimants (referred to as “Distribution Checks” in the Settlement Agreement) will remain valid for a period of 180 calendar days after issuance but, if not cashed or otherwise negotiated by the end of such period, will be cancelled as stale and will not be reissued.

More than one Authorized Claimant: To the extent that more than one Authorized Claimant was a Mortgagor Party to a Mortgaged Property – for example, if a husband and wife were both Mortgagors on a Mortgaged Property – then all such Authorized Claimants shall be (a) entitled to only one Claim Payment, the amount of which shall be determined based on the above criteria and which amount shall be embodied in one Distribution Check made payable to all such Authorized Claimants; (b) solely responsible for the allocation, if any, of the Claim Payment between and among all such Authorized Claimants; and (c) solely responsible for taking all steps necessary to negotiate any Distribution Check made payable to all such Authorized Claimants, including but not limited to all costs associated with taking such steps.

File on Time or Receive No Payment and Be Bound: Class Members who fail to timely submit a complete and valid Proof of Claim and IRS Form W-9 will not be entitled to receive any Claim Payment but will be bound by any judgment entered in the Actions and by the terms of the Settlement Agreement if approved by the Court, unless the Class Member has timely and properly requested to be excluded from the Class.

Complete and Sign Forms and Mail on Time: To qualify for a Claim Payment, you must timely submit a complete and valid Proof of Claim and IRS Form W-9.

If you received the Class Notice directly by mail, the Proof of Claim and IRS Form W-9 are enclosed. Otherwise, you may obtain a paper copy of the Proof of Claim and IRS Form W-9 by printing them from this Settlement Website at the section entitled “Submit a Proof of Claim” or by requesting them from the Settlement Administrator by mail, email or phone at the contact information for the Settlement Administrator provided in the Contact Us section of this Settlement Website.

Read the instructions on the Proof of Claim carefully, fill out the form, and submit it by mail, first class postage pre-paid, to the Settlement Administrator at the Settlement Administrator’s mailing address below:

TD Mortgage Release
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-4979

Required Mailing Date: To be considered timely, Proof of Claims must be postmarked by no later than January 12, 2017.

No Payment for Invalid or Untimely Forms or Exclusions: If you do not timely submit a completed and valid Proof of Claim, then you will not receive a Claim Payment; however, unless you timely and properly exclude yourself from the Class as described below (see FAQ 16), you will still be bound in all other respects by any judgment entered in the Actions and by the terms of the Settlement Agreement (including the release of TD Bank) if approved by the Court.

Claim Review Process: The Settlement Administrator, under the supervision of Class Counsel, will review each Proof of Claim to determine if it was timely submitted, complete and valid and should be approved. For example,

1. Proofs of Claims that are not timely submitted will be rejected.

2. Proofs of Claims will be deemed incomplete if all required information, as stated in the instructions on the Proof of Claim, is not provided.

3. Proofs of Claims will be deemed invalid if certain required information on the Proof of Claim does not substantially match the data concerning the Mortgagor Party and the Mortgaged Property contained in TD Bank’s records.

Efforts to Cure Defective Proofs of Claims: If the Settlement Administrator determines that a Proof of Claim is not complete or valid, then the Settlement Administrator will, if possible, contact the Claimant, describe the identified defect in the Proof of Claim, and request that a Revised Proof of Claim be submitted.

Time for Cure: The Claimant will have twenty-one (21) calendar days following the mailing of such notice to mail to the Settlement Administrator a Revised Proof of Claim and any information the Claimant believes is relevant and supports approval of the Claimant’s Revised Proof of Claim. Revised Proof of Claim Review: The Settlement Administrator will, under the supervision of Class Counsel, review any Revised Proof of Claim to determine if it is timely submitted, complete and valid.

Inability of Claimant to Appeal: The Claimant may not appeal the Settlement Administrator’s determination to reject a Proof of Claim or Revised Proof of Claim on the grounds that it was not timely submitted, complete or valid.

Bar from Payment and Binding Judgment: Any Claimant whose Proof of Claim or Revised Proof of Claim has been rejected by the Settlement Administrator shall be barred from receiving any Claim Payment but otherwise shall be bound by any judgment that may be entered in the Actions and the terms of the Settlement Agreement (including the release of TD Bank), if approved by the Court.

TD Bank’s Right to Challenge Claims: All Proof of Claims or Revised Proof of Claims that the Settlement Administrator, under the supervision of Class Counsel, has determined to approve as timely submitted, complete and valid will be subject to review and challenge by TD Bank. If the Settlement Administrator, Class Counsel and TD Bank’s Counsel are unable to resolve TD Bank’s objections, if any, then TD Bank may apply to the Court, on notice to Class Counsel and to the Claimants whose Proof of Claims or Revised Proof of Claims are subject to TD Bank’s objections, for an Order determining that the Claimant’s Proof of Claim or Revised Proof of Claim should be rejected.

TD Bank will bear the burden of persuasion and proof in connection with any objections it makes.

Resolution of TD Bank’s objections will proceed according to the schedule to be set by the Court and Claimants whose Proof of Claims or Revised Proof of Claims are challenged by TD Bank will be subject to discovery, limited to the Claimant’s status as a Settlement Class Member and the Claimant’s entitlement to a Claim Payment under the terms of the Settlement Agreement.

More Information Online: The above description of the review process for approving or rejecting Proof of Claims or Revised Proof of Claims is only a summary. The complete terms of the review process, including the definition of capitalized terms not defined in the Class Notice, are stated in the Settlement Agreement, which you may obtain from this Settlement Website in the section entitled “Settlement Filings” or by contacting the Settlement Administrator at the contact information listed in the Contact Us section of this Settlement Website.

Settlement Hearing and Appeals: The Court will hold a Settlement Hearing on May 5, 2017, at 9:00 a.m., to decide whether to approve the proposed Settlement. If the Court approves the Settlement, there may be appeals.

It is always uncertain whether these appeals can be resolved favorably, and resolving them can take time, perhaps more than a year. It also takes time for all the Proof of Claims and/or Revised Proof of Claims to be evaluated to determine if they were timely submitted, complete and valid.

Mailing Distribution Checks: If there are no appeals and depending on the number of Proof of Claims and/or Revised Proof of Claims submitted, then the Settlement Administrator could issue Distribution Checks as early as forty-five days after the Court’s approval of the Settlement becomes Final.

Please be patient.

Judgment and Release: If the Court approves the proposed Settlement, then it will enter a Judgment containing, among other things, a release which provides that, on the Effective Date, each of the Class Representatives and each Settlement Class Member, on behalf of themselves, and each of their heirs, executors, trustees, administrators, beneficiaries, predecessors, successors and assigns, and any other person claiming by, through or on behalf of them, shall be deemed by operation of law

(a) to have released, waived, discharged and dismissed each and every of the Settled Claims against the Released Parties;

(b) shall forever be enjoined from commencing, instituting or prosecuting any or all of the Settled Claims against any of the Released Parties; and

(c) shall not institute, continue, maintain or assert, either directly or indirectly, whether in the United States or elsewhere, on their own behalf or on behalf of any class or any other person, any action, suit, cause of action, claim or demand against any person or entity who may claim any form of contribution or indemnity from any of the Released Parties concerning any Settled Claim.

More Information Online: The above description of the release applicable to the Class Representatives and Settlement Class Members is only a summary. The complete terms, including the definitions of capitalized terms not defined in the Class Notice, are stated in the Settlement Agreement, which you may obtain from this Settlement Website at the section entitled “Settlement Filings” or by contacting the Settlement Administrator at the contact information listed in the Contact Us section of this Settlement Website.

No.

If you timely submit a completed and valid Proof of Claim or Revised Proof of Claim, as applicable, then you do not need to contact Class Counsel.

If, however, you require any information about the proposed Settlement that is not otherwise available on this Settlement Website or you prefer not to review this Settlement Website to obtain information about the proposed Settlement, then you may contact, as appropriate, either the Settlement Administrator or Class Counsel at the contact information listed below:

Contact Class Counsel:

Michael R. Bosse
Daniel J. Mitchell
Meredith C. Eilers
Bernstein Shur
100 Middle Street
P.O. Box 9729
Portland, ME 04104-5029
(207) 774-1200

Contact Settlement Administrator:

TD Mortgage Release
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
Email: mortgagereleasesettlement@rg2claims.com
Toll Free Phone: (866) 742-4955

No.

The Settlement Agreement may be terminated under several circumstances outlined in it.

If the Settlement Agreement is terminated, then the Actions will proceed as if the Settlement Agreement had not been entered.

Yes.

Class Counsel has been preliminarily appointed by the Court to represent the Class Representatives and Class Members.

You will not be charged any fees nor incur any costs by contacting Class Counsel concerning any questions you may have regarding the Actions or the proposed Settlement.

Class Counsel may be contacted at the contact information listed below:

Contact Class Counsel:

Michael R. Bosse
Daniel J. Mitchell
Meredith C. Eilers
Bernstein Shur
100 Middle Street
P.O. Box 9729
Portland, ME 04104-5029
(207) 774-1200

Motion for Class Counsel Fees: Class Counsel will file a motion for an award of Class Counsel Fees, consisting of their attorneys’ fees and the reimbursement of their costs and expenses incurred in the Actions. TD Bank reserves the right to object to the motion for Class Counsel Fees. That motion and any objections will be considered by the Court at the Settlement Hearing.

Payment: Any Class Counsel Fees approved by the Court will be paid by TD Bank out of the Settlement Fund.

Class Members Not Responsible: Class Members are not personally liable for any Class Counsel Fees that may be awarded by the Court nor for any attorneys’ fees, costs or expenses incurred by Class Counsel in prosecuting the Actions.

Purpose of Class Counsel Fees: The Class Counsel Fees requested will be the only payment to Class Counsel for their efforts in achieving the proposed Settlement and for their risk in undertaking this representation on a wholly contingent basis. Class Counsel has committed significant time and expense in litigating the Actions for the benefit of the Class. To date, Class Counsel has not been paid for their services in prosecuting the Actions on behalf of the Class Representatives and the Class or reimbursed for their costs and expenses.

The Class Counsel Fees requested will compensate Class Counsel for their work in achieving the proposed Settlement.

Court’s Review: The Court will decide what a reasonable Class Counsel Fee award is and may award less than the amount requested by Class Counsel.

Yes.

Motion for Service Award: The Class Representatives will request that the Court award each Class Representative a Service Award of no more than $5,000 for the time and effort expended in representing the Class in the Actions.

Court’s Review and Payment: The Court will consider the Class Representatives’ request at the Settlement Hearing. Any Service Awards approved by the Court will be paid out of the Settlement Fund before payment to Class Members.

Class Members Not Responsible: Class Members are not personally liable for any Service Award that the Court may award.

Yes.

Exclusion Right: If you do not want to receive a Claim Payment from the proposed Settlement and you want to keep your right, if any, to sue TD Bank, at your own expense, concerning the claims raised in the Actions, then you must take steps to exclude yourself from the Class.

How to Exclude: To exclude yourself from the Class, you must submit a written request, by first class mail, postage pre-paid, to the Settlement Administration at the mailing address listed below:

Settlement Administrator:

TD Mortgage Release
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479

Mailing Date Required: To be effective, your written request for exclusion must be postmarked no later than January 12, 2017.

Exclusion Request Content: In addition, your written request for exclusion must clearly provide all of the following information:

(a) the name and current mailing address of the person and/or entity seeking exclusion;

(b) the address of the Mortgaged Property for which you were the Mortgagor Party; and

(c) a signed statement that you wish to be excluded from the Class and the Settlement in Fratianne v. TD Bank, N.A., No. BCD-CV-15-26 (Business and Consumer Court, Cumberland County) and Duplissie v. TD Bank, N.A., No. BCD-CV-15-76 (Business and Consumer Court, Cumberland County).

Request By Representative: If the exclusion request is made by someone other than you on your behalf, then the person or entity submitting the exclusion request must provide documentation evidencing authority to submit the exclusion request on your behalf. The request for exclusion shall not be effective unless it provides the required information and is made within the time stated above, or the exclusion is otherwise accepted by the Court.

Written Exclusions Only: You cannot make a proper request to exclude yourself from the Class by phone, by email, or by contacting anyone but the Settlement Administrator in the manner and by the deadline stated immediately above.

Bar from Payment and Binding Judgment: If you make a proper request for exclusion, then you will not receive a Claim Payment from the Settlement; you cannot object to the proposed Settlement; and you will not be legally bound by any judgments that may be entered in the Actions or by the terms of the proposed Settlement, if approved by the Court.

No.

If you exclude yourself from the Class, then do not submit a Proof of Claim to ask for any recovery from the Settlement because you will no longer be a member of the Class and, as such, will not be eligible for any recovery from the proposed Settlement, if approved.

Yes.

Objection Right: If you are a Class Member and have not requested to exclude yourself from the Class, then you can object to the Settlement, or any part of it, as well as to Class Counsel’s request for Class Counsel Fees and the Class Representatives’ request for a Service Award.

Filing Date Required: To object, you must, by no later than April 21, 2017, have filed in writing your objection and any supporting papers with the Court (accompanied by due proof of service upon counsel for the Settling Parties) and have served, by hand, mail or overnight delivery, copies of all such written filings on counsel for the Settling Parties at the following addresses:

To the Court

Clerk of Court
Business and Consumer Court Clerk’s Office
205 Newbury Street, Ground Floor
Portland, Maine 04101

To Class Counsel:

Michael R. Bosse
Daniel J. Mitchell
Meredith C. Eilers
Bernstein Shur
100 Middle Street
P.O. Box 9729
Portland, ME 04104-5029

To TD Bank’s Counsel:

Alexander D. Bono Ryan E. Borneman
Duane Morris LLP
30 South 17th Street Philadelphia, PA 19103-4196

Stephanie A. Williams
Duane Morris LLP
2 Monument Square, Suite 505
Portland, ME 04101-4079

Objection Content: In addition, your written objection must include all of the following information: (a) your name and current mailing address; (b) the address of the Mortgaged Property for which you were the Mortgagor Party; (c) a signed statement that you object to the Settlement in Fratianne v. TD Bank, N.A., No. BCD-CV-15-26 (Business and Consumer Court, Cumberland County) and Duplissie v. TD Bank, N.A., No. BCD-CV-15-76 (Business and Consumer Court, Cumberland County); and (d) the reasons for such objection.

Attendance Not Required: Attendance at the Settlement Hearing is not necessary for you to object to any matters to be presented at the Settlement Hearing. If you or your representative wish to appear, however, then to be heard orally to oppose any matters to be presented at the Settlement Hearing (including the approval of the Settlement) and/or present evidence at the Settlement Hearing, you must include with the filing and service of your written objection a notice of your intent to appear at the Settlement Hearing and the identity of any witnesses you may seek to call to testify and exhibits you may seek to introduce into evidence at the Settlement Hearing.

Written Objections Only: Unless the Court orders otherwise, no Class Member or other person shall be entitled to object to any matters to be presented at the Settlement Hearing, or otherwise be heard at the Settlement Hearing, except by serving and filing written objections as described above.

Binding Judgment: Any Class Member who does not object in the manner prescribed above shall be deemed to have waived such objection and shall be bound by any judgments entered in the Actions and all the terms of the Settlement Agreement, if approved by the Court, unless the Class Member has properly requested to be excluded from the Class.

Objection: Objecting is simply telling the Court that you do not like the Settlement or some part of it. You can only object if you remain a Class Member. If you timely submit a valid Proof of Claim and IRS Form W-9, then you may still receive a Claim Payment.

Exclusion: Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, then you have no basis to object because the Actions and the proposed Settlement no longer affect you.

Hearing Date: The Settlement Hearing will be held on May 5, 2017, at 9:00 a.m., before the Honorable Michaela Murphy, at the Business and Consumer Court in Cumberland County, 205 Newbury Street, Ground Floor, Portland, Maine 04101.

Purpose: The Hearing’s purpose will be to determine whether:

(a) the proposed Settlement, as embodied in the Settlement Agreement, is fair, reasonable, and adequate, and should be approved;

(b) to enter the Judgment, substantially in the form attached as Exhibit B to the Settlement Agreement, which, among other things, provides for the dismissal of the Actions with prejudice and the release by the Class Representatives and Settlement Class Members of the Settled Claims as against the Released Parties;

(c) the Actions should be finally certified, for settlement purposes, as a class action under Rules 23(a) and (b)(3) of the Maine Rules of Civil Procedure;

(d) to grant Class Counsel’s application for an award of Class Counsel Fees;

(e) to grant the Class Representatives’ request for a Service Award; and

(f) to rule upon such other matters as the Court may deem appropriate.

Yes.

If you or your representative wish to raise an objection at the Settlement Hearing to any matter to be addressed at the Settlement Hearing, then you must first inform the Court and counsel for the Settling Parties of your intention to speak according to the instructions stated in FAQ 18.

You cannot speak at the Settlement Hearing if you properly requested to exclude yourself from the Class.

No.

Class Counsel will answer any questions the Court may have, but you are welcome to come at your own expense.

If you file and serve an objection to the proposed Settlement (or any part of it) according to the instructions stated in FAQ 18, then you need not appear at the Settlement Hearing to talk about it. So long as you complied with the requirements for filing and serving an objection as stated in FAQ 18, the Court will consider it.

You may also pay your own lawyer to attend the Settlement Hearing, but it is not necessary

If you do nothing, then you will not receive any money from the Settlement.

But, unless you properly request to exclude yourself from the Class, you will be bound by any judgment, whether or not favorable to you, that the Court may enter in the Actions and by all the terms of the Settlement Agreement (including the release of TD Bank), if approved by the Court.

Tax Reporting: The Settlement Administrator shall report to the United States Internal Revenue Service on IRS Form 1099-MISC any Claim Payment made to an Authorized Claimant in the amount you receive.

No Tax Withholdings: The Settlement Administrator will not withhold any taxes from Claim Payment.

No Tax Advice: The tax treatment of any Claim Payment you may be eligible to receive is your responsibility, including whether you are subject to tax withholding and, if so, what steps, if any, you may or must take to accept a distribution that does not withhold any funds for tax purposes. Neither the Settlement Administrator nor the Settling Parties and their counsel (including Class Counsel and TD Bank’s counsel) can provide you with individual tax advice.

Accordingly, you should consult your tax advisor if you are not certain about the tax treatment of a Claim Payment you may be eligible to receive from the Settlement.

The Class Notice contains only a summary of the terms of the proposed Settlement.

The records in the Actions may be examined and copied at any time during regular office hours, and subject to customary copying fees, at the office of the Business and Consumer Court Clerk’s Office, 205 Newbury Street, Ground Floor, Portland, Maine 04101.

In addition, settlement related documents, including the Proof of Claim, Settlement Agreement and Preliminary Approval Order, may be obtained on this Settlement Website or by contacting the Settlement Administrator at the contact information provided in the Contact Us section of this Settlement Website.

PLEASE DO NOT WRITE TO OR TELEPHONE THE COURT FOR INFORMATION.

Dated: November 28, 2016

By Order of the Court
Business and Consumer Court
For Cumberland County