Consumer complaint received 2023-03-11
Company: TD BANK US HOLDING COMPANY
State: NY
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
Td bank is denying my claim for fraudulent activity on my debit card, I went to a branch in XXXX NY on XX/XX/XXXX asking for help on my account as I saw these unauthorized transactions they told me that theres nothing they can do until the pending transactions post on the account. When I asked them to freeze my account while these transactions were occurring they told me there was nothing they could do as the transactions were pending. I told them I was traveling outside the country soon but I wanted to resolve this before I left. They told me I would have to monitor the transactions and once they post then the bank would be able to help me. When I went to the branch again in XXXX NY on XX/XX/XXXX they were able to help me close my account and issue me a new debit card. They told me it takes 7-10 business days to be given a provisional credit. I called in to customer service on XX/XX/XXXX and they had messed up the transactions that were disputed, they told me that the claim was denied as there was no incorrect pin used. Then they told me they can refile a claim for me and told me the same it would take 7-10 business days to get refunded. Then I called in again the following week on XX/XX/XXXX and they told me it was denied again and that I should get a police report. I went to the police and they informed me that Td bank is aware to give their customers an affidavit, to come with that affidavit with the police report. I went back to the branch on XX/XX/XXXX and they printed out the statements and affidavit for me. They said that Td bank never filed the claim initially and thats why I was having these issues. Someone needs to hold Td bank accountable. Td had also said that my card was not used after reporting it but it was used at XXXX XXXX for XXXX on XX/XX/2023. At the branch on XX/XX/2023 they told me that the other branch didnt file the claim initially. I am awaiting a police report number from the police they told me it can take 2 or 3 days. TD Bank has told me that once I get the report number that the branch will fax it to them and that this can take anywhere from 14 days to one month. Td bank and its representatives have been extremely careless, they do not care for their customers yet we entrust them to hold onto our money. In addition I have went to three different police departments, multiple different branches, I am at a branch today on XX/XX/2023 a representative by the name of XXXX XXXX is helping me refile a claim he says what I have brought is not a police report. I explained to him that Td bank can get the report online, the document I brought him has the officers name, shield number, date and report number. Td bank is not accepting responsibility the amount I am owed is XXXX. Why would TD Bank refund me the XXXX but not my remaining balance? Clearly the branches have conducted in error, I went to the branch within a timely manner to report the fraud on my account, I did everything they told me to do. Yet they are denying my claim for the following reasons : Card present attempts after card closure which may indicate whomever is using the card is aware that it is Successful online banking logins occurring during the disputes time trame, indicating customer was aware of balance and transactions Unable to determine fraud occurred. 

Card was used on XX/XX/2023 at a XXXX XXXX in XXXX based off of what it says online. Clearly TD banks conduct and investigation has not been through or proper including the assistance from staff in multiple TD branches. The requested resolution is to refund me XXXX immediately otherwise this matter will be taken to small claims court. According to the federal Electronic Fund Transfer Act, your liability is up to {$50.00} if you notify the bank within two business days after you realize the card is missing. I reported this to the bank within a timely manner yet they did not take any action.

Company response to consumer: Closed with explanation