Consumer complaint received 2019-07-12
Company: TD BANK US HOLDING COMPANY
State: MA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Banking errors

Complaint:
XX/XX/2019 - While placing an order for a birthday gift for my son on XXXX, I discovered someone had accessed my XXXX XXXX card and used almost all of my Membership Reward points. I called XXXX, they reversed the transactions which were used to purchase XXXX gift cards. XXXX closed the compromised card and issued a new one. This is not the first time an XXXX was compromised. I logged into my TDBank account online and checked the balance. No issues. 
XX/XX/2019 XXXX is the payroll service used by XXXX XXXX XXXX XXXX. It withdraws payroll via debit from the company TDBank account. This occurred in the normal course of business. 
XX/XX/2019 I received an email from XXXX that a client paid a bill. I logged into my TDBank online. To my surprise, the account had been drained to just {$230.00}. Over {$27000.00} was missing. I assumed this was a simple mistake. Examining the check register online, I saw two massive withdrawals. I called the XXXX XXXX branch, and then immediately left the office for the branch. There, I met with XXXX XXXX, the Assistant Manager of the branch for a very long time. I arrived at the bank at approximately XXXX XXXX. 
At the bank, Ms. XXXX had me log into the account using an XXXX  owned by the bank. We discovered that someone had created a false item labeled Payroll in the ACH transfer component of online banking. Details for each individual listed a bank account number linked to an entity with a Delaware address called XXXX. Ms. XXXX called her ACH Department and while on the phone with them, told me that it takes 2 days for a transfer, and we should be able to recover the money. The first transfer was for over {$12000.00} as I recall and made onXX/XX/19 with a transaction date of XX/XX/19, and the second was for over {$14000.00} and made on XX/XX/19 with an ACH fee date of XX/XX/19. 
In both cases, less than TWO BUSINESS DAYS had transpired. From past experience, and published information from TDBank, an ACH Transfer takes TWO BUSINESS DAYS, so we were in the open window to recall the funds. I asked Ms. XXXX how the money transferred without the required security questions being asked. Neither she nor the person from ACH were able to answer that question, but it was admitted to me that NO SECURITY QUESTIONS WERE ASKED. The transfers were allowed because the IP address used matched that used for prior transfers.

Working with Ms. XXXX, she completed the requisite forms to recall the ACH transfers. Meanwhile, I called XXXX with my cellphone. I spoke to someone at XXXX, identified the accounts receiving the money, had a hold placed on the accounts. Upon completion of the ACH recall forms ( INCLUDED HEREIN ), Ms. XXXX faxed these to XXXX. It is important to note that XXXX  uses Visa cash cards as its deposit vehicles. When calling them, if you hit 0 with the automated attendant, youre given three choices : Option 1 If youre law enforcement calling about a subpoena. ; Option 2 If youre a bank calling to question a transfer to a XXXX  cash card ; Option 3 If youre a bank calling to question an ACH transfer In addition, the only mailing address listed for  XXXX is one for the delivery of summonses and subpoenas. 
I departed the bank and went to the XXXX XXXX Police Department and met with Detective XXXX XXXX and filed a complaint. It is case # XXXX. 
XX/XX/2019Running anti-virus and malware scans of all computers and systems, nothing was found. I then ran my Chrome history. OnXX/XX/19, not only had someone used up my XXXX XXXX XXXX points, but an attempt was made to obtain new XXXX XXXX XXXX. The intruders were unable to do so. ( I spoke to XXXX on XX/XX/19 again regarding this. They were unable to obtain new cards because they were unable to answer the security questions. NOTE : SECURITY QUESTIONS ARE NOT KEPT ANYWHERE BUT IN MY HEAD. THIS PROVIDES FURTHER PROOF THAT TDBANK TRANSFERRED FUNDS WITHOUT SECURITY QUESTIONS BEING ASKED. ) In addition, I found evidence that on XX/XX/2019, someone ran a program in our computers designed to find my IP address.

If you research the subject, anyone can copy an IP address. Log into a wireless router that they own like a XXXX or XXXX, enter a copied IP address, save it, and that remote computer shows up as the same computer from which the data was stolen. 
I returned to TDBank XXXX XXXX and brought all of this information to Ms. XXXX. While there, Officer XXXX showed up, and we had a frank discussion with Ms. XXXX. Detective XXXX doesnt understand how TDBank allowed the money to go through without the asking of security questions. Ms. XXXX affirmed she didnt know how either. ( NOTE I HAVE SPOKEN SEVERAL TIMES WITH MR. XXXX INDLUDING ON XX/XX/2019. HE  HAS STILL NOT HEARD BACK FROM THE SECURITY OFFICER DESPITE MULTIPLE ATTEMPTS TO REACH THIS PERSON. ) XX/XX/2019 XXXX XXXX from the TDBank XXXX XXXX branch called me. I had to go to the bank and sign two new ACH forms, one for  the full amount of each transfer. Ms. XXXX told me that Ms. XXXX of the bank told her this had to be done. 

XX/XX/2019, XXXX XXXX. Voicemail left by XXXX XXXX, Vice President of TDBank, former manager of the XXXX  XXXX branch. Ms. XXXX stated that she knows me, is involved, and will do whatever is needed to make this right and that I will be made whole. 
Multiple calls to Ms. XXXX and Ms. XXXX ensue XX/XX/2019Spoke with XXXX XXXX. He agrees with my position in all of this. TDBank fraud department is not getting back to him. 
XX/XX/2019 I called the fraud department of TDBank. They told me that it is my responsibility to call my payroll company and have them get my money back. We were unable to get the money back and your payroll company is now responsible. I told the person on the line that that is utter nonsense. I explained AGAIN that these were false payrolls. My true payroll company debits the account once per week. I was essentially blown off and the fraud department at TDBank was utterly clueless that someone had illegally accessed my account and created a false payroll using TDBanks software. 
I went to the XXXX XXXX branch and met with the manager, XXXX. I reviewed all of this. Complained. Handed her a second demand letter. ( Enclosed. ) XXXX faxed the letter to Ms. XXXX. 
XX/XX/2019 Emails to XXXX XXXX regarding info provided me. 
XX/XX/2019- Around XXXX XXXX, Ms. XXXX called me. She said the bank rejected my claim. The reasoning is that it is my responsibility to maintain protection ( which I do ) per the business banking agreement. I explained to Ms. XXXX that I have evidence that the security question is asked and that supports the fact that TDBank did not ask any security questions. She asked me to send this information to her, which I did via email. She is attempting to get the bank to change its mind about declining my claim. 
- Problem with TDBank position. 
There is no definition of adequate security I inherited the affected bank account as it came with my purchase of the business The late XXXX XXXX or former employee XXXX XXXX would have signed any banking agreements. 
All I ever signed was a signature card for the bank. 
The new TDBank account issued me has a banking agreement. 
NOTE : MY BROWSING HISTORY DOESNT INDICATE THAT THERE WAS ANY LOG-IN FROM MY COMPUTER ( S ) ON XX/XX/XXXX, THE DAYS WHEN THE ACH TRANSERS WERE MADE. 
XX/XX/2019 Email to XXXX XXXX, XX/XX/XXXXXXXX. He called me back to discuss my email. He opined that the fact that there was no evidence of malware or virus detected that someone could have entered my office and run the programs. I expressed doubt but told him that XX/XX/XXXX has keys to all offices. 
XX/XX/2019 Email to XXXX after having discussed his theory with my wife. My server is located apart from the office in a separate room and an unknown quantity of people have access. Also, you can get into my office by sliding a credit card down the door jam. 
XX/XX/2019 At the advice of friend, used XXXX to post my TD Bank dilemma. They reached out to me almost immediately. 
XX/XX/2019 Received texts from XXXX XXXX denying my claims again. Also, told that their legal department was now handling it due to their commitment made via XXXX. 
Received a letter from the bank dated XX/XX/2019 denying my ACH reversals with no reason given. 
Received a TDBank statement charging for the ACH transfers and showing that they occurred within 24 hours At XXXX XXXX, I returned a call to Officer XXXX XXXX of the XXXX XXXX Police Detective Bureau. He indicated he spoke with an XXXX XXXX at TDBank. XXXX is the head of security at TD. According to Officer XXXX, he read her my statement and his investigative materials, specifically that TD Bank failed to follow its own security protocols in letting this money through. He will make a copy of his report available. 
XX/XX/2019 Officer XXXX gave me a progress report. First, the payroll created in my TD Bank account consisted of seven people, all of whom were true persons but whose identities had in fact been reported as stolen. Second, all of the XXXX cards that received funds from my account were being used in the XXXX, Colorado area at XXXX and XX/XX/XXXXXXXX ATMs and XXXX XXXX grocers. Officer XXXX had obtained via search warrant the video tapes but these were encrypted. By XX/XX/XXXX, he expects to have unencrypted videos. However, they were able to obtain a photo of the male from the videos. He is working with law enforcement in Colorado. He also stated there are similarities with other cases and made mention of an elderly community in Florida that this individual seems to have attacked. 

Officer XXXX has proof that the accounts were accessed illegally.

Company response to consumer: Closed with explanation