Consumer complaint received 2019-07-14
Company: TCF NATIONAL BANK
State: MN
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Credit monitoring or identity theft protection services
Sub-issue: Received unwanted marketing or advertising

Complaint:
TO : Consumer Financial Protection Bureau RE : APPEAL OF FRAUD CLAIM ( Initial Claim made on XX/XX/XXXX ) DATE : XX/XX/XXXX After reviewing fraud claim dated XX/XX/XXXX with The Consumer Financial Protection Bureau and The Federal Trade Commission, she is appealing TCF Banks previous denial for her fraud claim. She is requesting reimbursement for the XXXX gift card purchases fraudulently requested via an imposter of her IT support subscription service, XXXX, XXXX. 
Bank letter denying fraud claim dated XX/XX/XXXX ( attached ). 

Wed, XX/XX/XXXX : a representative from XXXX, XXXX, ( imposter of an IT Consumer Support Company ), contacted a Senior Citizen from XXXX XXXX XXXX, MN via her mobile phone, ( XXXX  service provider ). As a service subscriber, she accepted the call. 

The XXXX Representative, ( XXXX ) informed her that XXXX was going out of business/re-organizing and he was authorized to issue her a refund of {$390.00}, ( XXXX XXXX and XXXX dollars ) based on the unused portion of her subscription service. As an IT service provider, XXXX had previously had access to her computer for repair and cleaning purposes. He told her to access her online bank account information so he could deposit her refund. 

XXXX insisted she stay on the phone with him to confirm her refund deposit. XXXX called again and explained that he had erroneously deposited {$3900.00} rather than {$390.00}. He told her he would lose his job unless she returned the overpaid funds. He pleaded with her to purchase XXXX  gift cards to rectify the overpaid funds as the company was closing and they had no accounting department. 

He requested to stay on the phone with her until she drove to XXXX   and purchased the gift cards, then he asked her to go home before reading him the card numbers and codes over the phone. XXXX stayed on the phone with her until she read all the numbers and then insisted she cut up and dispose of the XXXX gift cards and burn the receipts. She cut up the cards but kept all card pieces and receipts, which are attached. 

XXXX also asked her not to access her online bank accounts until he was able to finalize her refund. 
He called her again stating that the XXXX  gift cards had no balance and that XXXX was having technical difficulties with their gift card system. He asked her to go to a different XXXX  and purchase additional cards, which she did. He further explained he had already deducted the previous {$3000.00} from her account, and so, would make another deposit of {$3000.00}. 

She verified the deposits into her checking account and asked XXXX if he could see or had access to any of her other bank accounts. XXXX guaranteed that the XXXX system only allowed them to see the deposit of funds. 

Thu, XX/XX/XXXX : XXXX called her stating that due to XXXX   technical difficulties, the second gift cards also did not work. He asked her again to go to yet another XXXX and/or XXXX to purchase the gift cards. Again, he stayed on the phone with her the entire time from her home to XXXX and while purchasing the cards, insisting she wait until returning home to read the card numbers/codes to him. 

Fri, XX/XX/XXXX : XXXX called her stating the 3rd XXXX  gift card also did not work. He further informed her that due to their systems being shut down and the company restructuring, they were now only permitted to use increments of {$10000.00} for all transactions. He asked her to purchase {$7000.00} in XXXX  gift cards and that he would make a deposit of {$10000.00} in order to rectify her account. 

She purchased {$7000.00} in XXXX  gift cards, while XXXX insisted to stay on the phone with her. XXXX insisted she not access her online bank accounts as this would inhibit him from rectifying her account. 

She saw a deposit of {$10000.00}, however it was in her savings account rather than the previous deposits, which were made into her checking account. 

She also saw that the original {$3900.00} deposit by XXXX XXXX XXXX was actually transferred from one of her other TCF bank accounts. 

She immediately drove to her local TCF Bank to change her passwords. The TCF Bank Representative told her not to freeze her accounts as changing her password would prevent any unauthorized transactions. 

She then called the cop-shop, her local Police Department hub in XXXX XXXX XXXX, MN to report possible fraudulent activity. She further disclosed all of the XXXX  gift cards purchases requested by the XXXX   company. Officer XXXX filed a Fraud Claim # XXXX for XXXX. 

Mon, XX/XX/XXXX : She drove to her local TCF Bank and requested to speak with their Bank Manager, XXXX XXXX. XXXX notified XXXX about XXXX and that she suspected a credit card scheme. XXXX XXXX filed a fraud claim with TCF Bank for her to recover the defrauded funds associated with her XXXX gift card purchases totaling {$16000.00} via her TCF Bank Visa Debit card. 

TCF Bank sent her a letter declining her fraud claim which stated : Based on documentation from the merchant or other supporting information obtained, we believe you received benefit from one or  more of the disputed transactions. 
We believe that a person you previously authorized to use your card or account made the disputed transactions. TCF has no record that you revoked this permission. 

She never previously authorized any electronic withdrawals or transfers from her TCF Bank accounts. In addition, at no time did she authorize XXXX, ( XXXX ) to withdraw or transfer monies from any of her bank accounts. 

She was defrauded {$16000.00} to purchase XXXX gift cards. 

TCF Bank XXXX did not notify her of any of the bank transfer, as per the Banks Security Agreement. TCF Bank did not send any Alerts or Notifications, even though she had never previously authorized an electronic transfer from her accounts. 

She notified TCF Bank within 2 business days that she suspected fraudulent activity. 

Complaints have been filed with the Consumer Financial Protection Bureau, The Federal Trade Commission, The Federal Bureau of Investigation, MN Department of Human Services, and The Office of Minnesota Attorney General. 

*As per The Federal Reserve - Regulation E, she is appealing her former and original fraud claim to TCF Bank and requesting all debit card transactions are credited back to her TCF Bank debit card, last 4 digits # XXXX. 

XXXX XXXX TCF Bank Accounts ( ending in ) : 1 ) # XXXX - Savings Account 2 ) # XXXX - Checking Account for tax purposes only 3 ) #  XXXX - Checking Account for SS & household utilities 4 ) # XXXX - Regular Checking Account Following lists all dates and activities related to her bank fraud claim : ( she did not make or authorize any of these transfers and TCF Bank did not alert her of any of these unusual transactions as per the banks security agreement. ) XX/XX/XXXX : XXXX fraudulently claimed electronic deposit of {$3900.00} into checking account # XXXX ( funds actually transferred from checking account # XXXX ) XXXX fraudulently claimed electronic deposit of {$3000.00} into checking account # XXXX ( funds were actually transferred from checking account # XXXX ) XX/XX/XXXX : XXXX fraudulently claimed electronic deposit of {$3000.00} into checking account # XXXX ( funds were actually transferred from checking account # XXXX ) XX/XX/XXXX : XXXX fraudulently claimed electronic deposit of {$10000.00} into checking account # XXXX ( funds were actually transferred from checking account # XXXX ) XXXX  Gift Card Purchases : ( all gift card purchases were made with TCF Bank Visa Debit card ending in # XXXX ) XX/XX/XXXX : {$3000.00} - ( 3 -  {$1000.00} gift cards ) from XXXX XXXX in XXXX, XXXX XXXX XXXX, MN {$3000.00} - ( 3 - {$1000.00} gift cards ) from XXXX XXXX in XXXX XXXX XXXX, MN XX/XX/XXXX : {$3000.00} - ( 3 - {$1000.00} gift cards ) from XXXX XXXX in XXXX XXXX, XXXX, MN XX/XX/XXXX : {$5000.00} - ( 5 - {$1000.00} gift cards ) from XXXX XXXX in XXXX, XXXX XXXX XXXX, MN {$2000.00} - ( 3 - {$1000.00} gift cards ) from XXXX XXXX in XXXX, XXXX XXXX XXXX, MN Total XXXX Gift Card purchases : {$16000.00}. 
( All original XXXX gift cards and receipts attached ) Following lists US national bank regulations to protect consumers from bank debit card fraud. 

REGULATION E : Comment for 1005.6 Liability of Consumer for Unauthorized Transfers https : //www.consumerfinance.gov/XXXX XXXX XXXX XXXX Liability of consumer for unauthorized transfers. 
https : //www.consumerfinance.govXXXX XXXX XXXX XXXX 
https : //www.consumerfinance.govXXXX/ TCF Liability : " Errors and Unauthorized Transactions '' under the section called TCF 's Liability to You '' in TCF 's Terms and Conditions for Checking and Savings Accounts. 
If your Account is a Consumer Account, the following limits on your liability apply : If you believe that your Password has been lost or stolen, and you tell us within two Business Days after you learn of the loss or theft, you can lose no more than {$50.00} if someone used your Password without your permission ( except as stated below ). 
If you do NOT tell us within two Business Days after you learn of the loss or theft of your Password and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as {$500.00} ( except as  stated below ). 


CC : Consumer Financial Protection Bureau, https : //www.consumerfinance.gov Federal Trade Commission , ftc.gov/complaint MN Department of Human Services , XXXX XXXX XXXX, The Office of MN  Attorney General, XXXX, Federal Bureau of Investigation , www.ic3.gov Attachments : TCF Bank Letter dated XX/XX/XXXX TCF Bank Statements ( 4 pages ) Copy of all Original XXXX   gift cards ( 2 pages ) Copy of all Original XXXX receipts ( 3 pages )

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation