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CHERRY HILL TWP. -- In the deathwatch of TD Bank pulling its coin-counting "Penny Arcade" accessories from account over accurateness concerns, a proposed customer class-action accusation has been filed adjoin the bank.
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The clothing was filed Wednesday in the the U.S. District Court of New Jersey's Camden commune on account of New York woman Regina C. Filannino-Restifo. The Canadian-based operation has its cyberbanking address in Cherry Hill.
"She acclimated the apparatus all the time," Marlton-based advocate Stephen De Nittis said of Filannino-Restifo, abacus he was brought on to the case both because of cartography and his common administration of customer artifice cases in New Jersey.
The accusation cites an April 6 NBC address that begin bristles Penny Arcades bootless to accurately calculation beneath than $300 deposited into each. It added claims that TD Coffer "deceptively short-changed consumers of their funds" and as a aftereffect can accompany the coffer for damages.
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We approved 3 coin-counting devices
De Nittis, who is administration the case alongside Manhattan-based advocate Jeffrey Smith, said the machines activated in that address were "off by a ample amount."
TD Coffer beneath to animadversion on the awaiting litigation, but did activity a account that apprehend in part, "We are aghast with the acquaintance that The Today Show had with our Penny Arcade bread counting machines. At TD Bank, we abode a exceptional on the candor of these machines, and that's why we apple-pie and analysis them alert circadian to affirm accuracy."
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The account added that TD has aback launched an "enhanced testing program" and that the Penny Arcade accessories will be brought aback into account already TD is annoyed "they accommodated our achievement requirements."
Filannino-Restifo "owns a cardinal of coin-operated abrasion and dehydration machines and uses the Penny Arcade to calculation the bill from these machines on a approved basis," the clothing states.
De Nittis said that Filannino-Restifo was a TD Customer, so the 8 percent Penny Arcade acceptance fee did not administer to her.
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Per the suit, New Yorkers who acclimated TD's Penny Arcade accessories aural the accomplished six months could accompany the chic activity effort. Nationally, that time anatomy expands to those who acclimated it aural the accomplished six years.
The clothing seeks affirmation of absolute amercement or $50 per claim, whichever is greater, but not to beat $1,000.
Earlier this month, NJ Advance Media brought aloof beneath $90 in bill to three agnate coin-counting devices. One alternate hardly more, the added hardly beneath and the third gave us aback the actual amount.
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The accompaniment analysis of weights and measures, which is tasked with testing the machines that are not amid aural banks, did not acknowledge to a appeal for comment.
Greg Adomaitis may be accomplished at gadomaitis@njadvancemedia.com. Follow him on Twitter @GregAdomaitis. Find NJ.com on Facebook.
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