CHERRY HILL TWP. -- In the wake of TD Bank pulling its coin-counting "Penny Arcade" devices from service over accuracy concerns, a proposed consumer class-action lawsuit has been filed against the bank.

The suit was filed Wednesday in the the U.S. District Court of New Jersey's Camden vicinage on behalf of New York woman Regina C. Filannino-Restifo. The Canadian-based operation has its banking headquarters in Cherry Hill.

"She used the machine all the time," Marlton-based lawyer Stephen De Nittis said of Filannino-Restifo, adding he was brought on to the case both because of geography and his frequent handling of consumer fraud cases in New Jersey.

The lawsuit cites an April 6 NBC report that found five Penny Arcades failed to correctly count less than $300 deposited into each. It further claims that TD Bank "deceptively short-changed consumers of their funds" and as a result can pursue the bank for damages.

De Nittis, who is handling the case alongside Manhattan-based lawyer Jeffrey Smith, said the machines tested in that report were "off by a considerable amount."

TD Bank declined to comment on the pending litigation, but did offer a statement that read in part, "We are disappointed with the experience that The Today Show had with our Penny Arcade coin counting machines. At TD Bank, we place a premium on the integrity of these machines, and that's why we clean and test them twice daily to confirm accuracy."

The statement added that TD has since launched an "enhanced testing program" and that the Penny Arcade devices will be brought back into service once TD is satisfied "they meet our performance requirements."

Filannino-Restifo "owns a number of coin-operated washing and drying machines and uses the Penny Arcade to count the coins from these machines on a regular basis," the suit states.

De Nittis said that Filannino-Restifo was a TD Customer, so the 8 percent Penny Arcade usage fee did not apply to her.

Per the suit, New Yorkers who used TD's Penny Arcade devices within the past six months could join the class action effort. Nationally, that time frame expands to those who used it within the past six years.

The suit seeks repayment of actual damages or $50 per claim, whichever is greater, but not to exceed $1,000.

Earlier this month, NJ Advance Media brought just under $90 in coins to three similar coin-counting devices. One returned slightly more, the other slightly less and the third gave us back the correct amount.

The state division of weights and measures, which is tasked with testing the machines that are not located within banks, did not respond to a request for comment.

Greg Adomaitis may be reached at gadomaitis@njadvancemedia.com. Follow him on Twitter @GregAdomaitis. Find NJ.com on Facebook.