Consumer complaint received 2023-07-14
Company: TD BANK US HOLDING COMPANY
State: DE
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
I write to complain about TD Bank. I have an outstanding dispute for fraudulent charges in the amount of {$1800.00}. I've submitted the dispute numerous times, including with an FBI report, and it's continued to be denied because " a pin was used. '' I have no idea how the criminals managed that, but they did - I did not make these charges. My understanding is that Regulations were passed ( including Regulation E ) to protect customers in this kind of situation. As I informed TD of my stolen card and information within hours after it happened, my understanding is that my maximum liability should be {$50.00}. TD is essentially trying to say that I'm lying and I need to PROVE that it wasn't me who made the charges, which ( a ) I don't know how to do and ( b ) I don't believe is how the law works. Here are the details : On XX/XX/XXXX, I was visiting XXXX XXXX for the weekend. Sometime in the early morning ( maybe XXXX XXXX, I'm not sure exactly of the time ) on XXXX XXXX, I was pickpocketed. The criminals stole both my wallet and my phone, somehow got into my phone, changed my XXXX XXXX  password, remotely wiped my home XXXX, changed my XXXX  XXXX  to their own face and got into every financial app on my phone. They used my accounts in various ways, including adding credit and debit cards to XXXX XXXX and then buying things online, withdrawing cash from my checking accounts ( and I believe cash advanced one credit card ), electronically transferring money from my accounts, etc. Because they had access to my phone, when the banks would text my number asking for confirmation that these weren't fraud, the criminals simply said it wasn't and the spending spree was allowed to continue. I contacted my wife about this and she began calling all of my banks to inform them of the fraud and to lock everything down - meanwhile, I was flying back home with no identification, having to answer red flag questions, etc. On XX/XX/XXXX, I filed a police report electronically with the XXXX XXXX police, but have yet to receive a final copy ( which they said they would send once the report was accepted and finalized ). 

At this point, every bank that I do business with ( including Bank XXXX XXXX, XXXX, XXXX, XXXX, XXXX and XXXX XXXX ) has refunded the money that was fraudulently taken, or reversed the fraudulent charges ( over {$20000.00} in total ) - except for one : TD Bank. TD Bank is my main checking account and I've been with them for 16 years. I disputed a total of 7 transactions that occurred on my checking account ( for a total of {$2800.00} ) : XX/XX/XXXX - XXXX XXXX XXXX XXXX XXXX XXXX - {$41.00} XX/XX/XXXX - Withdrawal ( XXXX XXXX XXXX, XXXX XXXX ) - {$500.00} XX/XX/XXXX - Withdrawal ( XXXX XXXX XXXX, XXXX XXXX ) - {$500.00} XX/XX/XXXX - XXXX XXXX Transfer - {$200.00} XX/XX/XXXX - XXXX Transfer  ( XXXX XXXX ) - {$1000.00} XX/XX/XXXX ( posted XXXX ) - XXXX XXXX XXXX - {$200.00} XX/XX/XXXX ( posted XXXX ) - XXXX XXXX XXXX - {$400.00} TD Bank acknowledged the fraud, in that they refunded me the {$1000.00} XXXX Transfer. That being said, they denied ( and continue to deny ) my claim for the remaining {$1800.00}. 

Subsequent to my initial disputes and police report, I was able to regain access to my XXXX XXXX  and tracked down additional information ( phone numbers and shipping addresses ) that I believe identify the people who stole from me. I've tried to contact the XXXX XXXX police to supplement my police report, but they have not gotten back to me at all. So, on XX/XX/XXXX, I filed a cyber crimes complaint with the FBI on www.ic3.gov. A copy of that complaint is attached. I then submitted this complaint to TD Bank as further evidence of the crime, but still they deny my claim. I'm a lawyer, and certainly wouldn't risk my law license filing a false FBI report and lying to the bank to try to scam them out of {$1800.00} - it's ridiculous. Unfortunately, no one from TD has contacted me to ask any questions or to follow up. Just form letters denying my claim because " a pin was used and there's no indication as to how the pin was stolen. '' I can think of several ways they may have deduced my pin, but I'm not an investigator and that's really not my job - all I know is that I was robbed and defrauded, and TD refuses to make it right.

Company response to consumer: Closed with explanation