Consumer complaint received 2018-01-18
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:
Following fraudulent activity on my account in XXXX ( accepted and reimbursed by bank ), my ATM card was cancelled. On XX/XX/2017 I called and asked to be issued a new ATM card. I was told that I would receive it by mail. I never received the card, and on XX/XX/XXXX I checked my account online to discover that on XX/XX/XXXX two withdrawals were made from my account using an ATM card. I called the bank immediately to dispute the charges. I received a refusal letter dated XX/XX/XXXX. The reasons given in the letter were that : 1. there were no invalid PIN attempts ( because I never received the card and did n't set up the PIN! ) 2. No attempts were made with the card after it was closed ( ca n't explain this ). I called customer service at the bank on XX/XX/XXXX to find out that the card was activated by an automated phone service and that all that was required for this was the last 4 digits of my SSN ( from what I understand, information that is unfortunately too easy to come by these days ). I was told that if I wanted to contest and file another dispute, I had to get a police report within 90 days from XX/XX/XXXX and open another claim. 

During the weekend of XX/XX/XXXX-XX/XX/XXXX, I visited the local TD branch and the local police precinct each three times in order to get a police report filed. The problem was that the precinct would n't take the report without an address for the ATM machine where the withdrawal was made, and the bank could n't give me the address. I was told over the course of my multiple visits to the precinct that they were aware of several incidents of specifically TD Bank bank cards being stolen from the mail in my zip code. Finally, from XXXX on the bank customer service phone line, I was able to get the phone number for XXXX, the company that owns the bank machine, as well as the terminal number. With this info in hand, I called XXXX and was able to get an address for the terminal that was used for the two withdrawals. On XX/XX/XXXX, I finally completed a police report with Officer XXXX XXXX at the XXXX precinct but was told that I had to call the next day to get the report number. I called almost every day and sometimes multiple times a day to get the police report number. In the meanwhile, I had opened another dispute on XX/XX/XXXX at the bank branch as advised ( met with XXXX XXXX XXXX ), so that I would have proof for the police that I was serious about pursuing the issue. When opening this dispute I was told that I would have 3-5 business days to add the police report number to the claim, which the bank rep and I did n't think would be a problem. Since it did become a problem to attain the report number, the claim went through and was of course denied ( letter dated XX/XX/XXXX ). 

Finally on XX/XX/XXXX, I reached SergeanXXXX XXXX XXXX who was willing to help me locate the report. In the end, a return trip to the precinct was required on XX/XX/XXXX to get the report filed. On XX/XX/XXXX, I called the bank 's customer service number and filed another dispute, explaining the situation and giving the police report number. On XX/XX/XXXX ( when I had still not received a response from the bank because the letter was lost in the mail, but later received ) I called the customer service number again to find out the status of the dispute. I was told that the claim was refused because no further details were supplied. XXXX ( the customer service rep ) informed me that a police report number is not sufficient, and that I should have been told to fax them a copy of the report. He then filed for me another dispute and gave me the fax number to use to submit the police report. I faxed the report to the number given the following day. The last refusal letter I received was dated XX/XX/XXXX 

Needless to say, I am disappointed and very frustrated with the system. I have followed all advice and taken all steps required of me to pursue this injustice, to no satisfaction. The refusal letters contain very little info, customers are unable to speak to the fraud department directly, and I spend at least one hour on the phone each time I have to call customer service. The customer service reps have very little access to information about the claim refusals plus I never receive copies of any claim they submit in my name, so I have no way to verify that what they transmit to the fraud department accurately represents the ( as you can see, very complex ) details I share with them about the situation. 

It wouldnt take anyone looking into my case long to see that it is clearly a case of fraud as : 1. Fraud was committed on same account ( a fact accepted by the bank ) just the month prior ; 2. I have never used my bank card for withdrawals or payments ; 3. The amounts withdrawn were the maximum allowed for the day ; 4. The money was withdrawn not from a TD Bank bank machine but from a portable ATM at a XXXX ; 5. I was told by police at the local precinct that there have been other TD Bank bank cards taken from the mail in my zip code ; 6. TD Bank informed me that all it takes for someone to activate a bank card is for them to call an automated number and give the last four digits of my SSN ( which, as I said earlier, I believe to be unfortunately these days info easily acquired ). 

It seems to me that the procedure for filing a dispute at TD Bank is designed to exhaust, and the hope is that I give up and relinquish the claim to my money. I am looking for outside help to move things forward, to compel TD Bank to face up to its commitments to its customers and take a serious look at my claim, taking into account all of the evidence available. 

Thank you for your assistance in this matter.

Company response to consumer: Closed with monetary relief