Consumer complaint received 2023-04-21
Company: TD BANK US HOLDING COMPANY
State: SC
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
I am writing again regarding my ongoing attempt to resolve the fraudulent access to my bank account with TD Bank. One of the most striking deficiencies in this process has been the lack of customer service from TD Bank and their failure to maintain any consistency in service. Had I been able to contact their fraud department directly I believe the issues which have caused this matter to continue for 18 months would have been easy to resolve. However, because of the process of making a complaint to someone who relays that complaint and then waiting to see the result creates a process that lengthens the time between the incident and the resolution which is anti conducive to resolution. 

I have previously, but will attach to this complaint as well, the notification that I received from XXXX regarding a BITCOIN purchase. ( Attachments 1 - 3 ) Immediately, I knew something was wrong with my account as I had never purchased any type of cryptocurrency. I immediately attempted to access my TD account and found that my user name and password no longer worked. I then called TDs Customer Service. As I mentioned in earlier complaints I had a friend, XXXX XXXX, visiting that weekend and only just confirmed with her that she overheard this conversation with customer service. I explained the notification, that I was unable to access the account and that only my voice, via their voice recognition technology, was the only means available to identify myself. He assured me that in the circumstances that met the requirement for identity verification. Because my account access had been altered and I had no access to my account I asked that the account be frozen until I could present myself at the bank with identification. During the last investigation TD Bank informed me that frozen is not a term that they use and that that word would not trigger any action to my account. I found that odd as Ive heard that term in relation to banking all my life, but accepted the explanation but wondered why, given that fraud had been identified, that numerous changes to my account had been made after my access was removed and fraud was still occurring why the agent would assure me that no further transactions would occur if he was unfamiliar with the term I used and therefore uncertain what action I thought it would bring about. I would have expected that he would say we dont use the word frozen but hard stop or whatever the TD corporate substitute term would be. In any case, in going through some old paperwork over the weekend I came across a copy of a check that had been returned unpaid to my TD account with frozen account indicated as the reason for return ( see attachments 4A and 4B ). Which brought me back to make one final complaint through the CFPB. Should this complaint fail to bring an end to this nightmare and since the CFPB lacks any further avenue of appeal I will have no choice but to take the matter to litigation. As I have witnesses, documentary evidence, evidence of other fraud committing using my identity dating from this same breach of my bank account I can not imagine that any lawsuit would be successful. In fact, I can not for the life of me understand why it has gone on this long and then I will have no choice but to take the matter to court.

Those are the facts concerning the discovery of the fraud and my actions to stop the unauthorized use of the card immediately upon the receipt of information which indicated fraud had been or was in the process of being committed. I can not explain why my bank let these imposters change all of the access and alerts to my account and after being informed of the fraudulent use, continued to let these individuals override any attempt by myself to block them from doing so. To me, the changes and the overrides support my claim of fraud beyond all doubt, but yet TD continues to deny my claim. It appears that they do not want to accept that I phoned their customer service immediately and used every means available to me to stop any further fraud and they failed to take appropriate action or allowed themselves to also be conned by allowing the fraudsters to override my requests. However, continuing to cause harm to myself is unacceptable and I will proceed to court should this last attempt to resolve the matter be unsuccessful. Finally, it is essential that I have TDs decision reversed so that I can turn to addressing the rest of the fraud resulting from my personal information being breached by fraudsters. Until I am able to have this account activity deemed fraudulent I am greatly hindered proving the continued fraud and identity theft. Because this activity continues to this day I can not and will not let this matter drop no matter how weary I am of dealing with it. Hopefully, this complaint will reach someone who will address my valid complaint for fraud which first occurred with my TD Checking Account in XX/XX/2021.

Company response to consumer: Closed with explanation