On April 26, 2016 DeNittis Osefchen, P.C. filed a consumer class action on behalf of all Nationwide deposit customers of TD Bank who have been harmed through the continued shortchanging of TD Bank’s Penny Arcade machines.  On April 6, 2016, NBC’s “Today” show reported that TD Bank’s Penny Arcades fail to accurately count the coins placed in them.  The Today reporter tested TD Bank’s Penny Arcade machines by placing $300 worth of coins in Penny Arcades at five different, random TD Bank locations.  Each of these tests resulted in the Penny Arcade counting less than $300, with one machine counting only a total of $256.90 for the $300 worth of coins.  The loss of $43 represents a loss of almost 15% of the actual coin value placed in the machine.  Upon information and belief, TD Bank’s Penny Arcade machines have continuously undercounted coins placed in them by consumers for years and resulted in the loss of millions of dollars for consumers.  Defendant’s continued shortchanging has deceived and harmed consumers.  Consumers relied on Defendant’s representation that the Penny Arcades would accurately count the coins placed inside the machine and therefore placed their coins in Penny Arcades expecting a fair and accurate tallying of the coin value.  Instead, Defendant deceptively short-changed consumers of their funds, and as a consequence, Plaintiff and all other members of the Class have a private right of action against TD Bank for damages.  As a result of the suit, TD Bank had stopped using the machines.