Consumer complaint received 2022-12-06
Company: TD BANK US HOLDING COMPANY
State: SC
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
Complaints Filed with cfpb Submission XXXX XXXX  XX/XX/XXXX ; XXXX Stated my case in an argumentative style. 

Response : On XX/XX/XXXX Reg E : XXXX was initially filed claiming fraud. Claim was denied for the following reasons : There were no card present attempts after card was closed by the customer. Indicating fraudster knew when the card was closed. PIN number was entered correctly on the first attempt. No indication Pin number was compromised. Upon receipt of the escalation, leadership reviewed and upheld the denial Card Present PIN used transactions occurring in between claimed fraud not being claimed indicating card in possession No closed card attempts made with card at point of sale after card was closed by the customer. Case considered closed Submission XXXX XXXX XX/XX/XXXX ; XXXX Added additional information and attached additional documentation. Did not change approach to complaint to style of argument Response : Same as to submission XXXX 

Submission XXXX : XX/XX/XXXX ; XXXX I didnt change my facts or assertions for this submission but I presented them in a different way after researching other consumers complaints for fraud with TD Bank, N , A which had been successful. I went back to a narrative argument and presented evidence refuting the reasons for detail point by point. 

Response : On XX/XX/XXXX Reg E : XXXX was initially filed claiming fraud. Claim was denied for the following reasons : There were no card present attempts after card was closed by the customer. Indicating fraudster knew when the card was closed. PIN number was entered correctly on the XXXX attempt. No indication Pin number was compromised. No closed card attempts made with card at point of sale after card was closed by the customer. 

Upon receipt of the escalation, leadership re-reviewed and upheld the denial Card Present PIN used transactions occurring in between claimed fraud not being claimed indicating card in possession Denial stands, case considered closed. 

Finally, I had managed to solicit a response that seemed to respond to my information and at last I had made progress bringing the reasons for denial down to one. I could address this issue and was hopeful believing the end was in sight at last. 

Submission XXXX  : XX/XX/XXXX ; XXXX I submitted this last complaint to address the one remaining point of contention from TD Banks response to my last complaint. It was an assertion that my card and PIN ( it had been changed, indeed all of my information had been changed, facts well known to the bank ) were used in between the claimed fraud and non fraud. This was essentially not possible. I did not have my card. I was at home and not running around shopping. I called in and asked for my account to be closed on XXXX XXXXXX/XX/XXXX which I documented using the notification from XXXX. Either TD did not follow my instructions which is possible as I know that the fraudster removed all my fraud alerts from the account, and changed the email and phone number so that they would be contacted rather than myself regarding the account. I have no idea when this was done but again the bank is well aware this occurred and knows when it occurred. 

Response : On XX/XX/XXXX, the Reg-E claim ( XXXX ) was filed claiming fraud. XXXX debit card transactions provided on this dispute, totaling {$4500.00} o XXXX XXXX {$130.00} o XXXX XXXX XXXX  {$8.00} o XXXX XXXX XXXX  {$13.00} o XXXX XXXX  XXXX {$31.00} o XXXX XXXX  {$5.00} o XXXX XXXX  {$15.00} o XXXX XXXX {$83.00} o XXXX XXXX XXXX {$10.00} o XXXX XXXX  XXXX XXXX {$54.00} o XXXX XXXX  XXXX {$69.00} o XXXX XXXXXXXX XXXX XXXXXXXX  {$13.00} o XXXX XXXX XXXX {$250.00} XXXX XXXX XXXX XXXX  {$3.00} o XXXX XXXX XXXX {$10.00} o XXXX XXXX {$320.00} o XXXX XXXX {$130.00} XXXX XXXX XXXX {$13.00} o XXXX XXXX {$23.00} o XXXX XXXX  XXXX {$16.00} o XXXX XXXX {$320.00} o XXXX XXXX XXXX  {$97.00} o XXXX XXXX XXXX {$200.00} o XXXX XXXX XXXX {$200.00} o XXXX XXXX XXXX {$200.00} o XXXX XXXX XXXX {$200.00} o XXXX XXXX {$420.00} o XXXX XXXX XXXXXXXX {$500.00} o XXXXXXXX XXXX XXXX  {$300.00} o XXXX XXXX {$280.00} o XXXX XXXX XXXX {$420.00} XXXX XXXX XXXX XXXX {$400.00} o XXXX XXXX XXXX {$7.00} o XXXX XXXX  XXXX {$4.00} On XX/XX/XXXX XXXX XXXX : XXXX claim was denied for the following reasons : There were no card present attempts after card was closed by the customer. Indicating fraudster knew when the card was closed. 
PIN number was entered correctly on the XXXX attempt. No indication Pin number was compromised. 
No closed card attempts made with card at point of sale after card was closed by the customer. Upon receipt of the escalation, leadership re-reviewed and upheld the denial Card Present PIN used transactions occurring in between claimed fraud not being claimed indicating card in possession Denial stands, case considered closed. The statement you provided with your complaint only shows posting dates for transactions. Our internal records show the authorization time received from the merchant, and they indicate unclaimed transactions in between claimed transaction on a stolen card.

Im sure you can see my frustration. Just when I thought the end was in sight they circled back and argued those points my previous complaint had addressed and they had dismissed in their response. Just when I thought we were all on the same page and the end was in sight I felt the rug being pulled from under my feet. During this past XXXX that has happened countless times. I have jumped through every hoop that TD presented me with and complied with every request always with assurance that this bit would surely see the claim approved. Obviously, it never worked out that way but clearly we were not. It is a hamster wheel of a cycle and I hope I have successfully shown that TD Banks failure to provide a response that directly addresses the circumstances particular to myself. 

They point out that they have access to further information. Great, I am aware that they are also well aware that at some point on XX/XX/XXXX my online access ( email and password ), PIN, fraud alerts, and phone number were all changed on my checking account. I was not responsible for those changes nor do I know the identities of the persons or persons who were responsible. I had no way to access this account once I had been alerted to possible fraud and it seems that my phone call to their customer support requesting a freeze be placed on my account was either not done or the fraudsters were able to recover the account. The bank knows the answers to these questions. I do not but I have taken note of the dates they have referenced my closure of the account. They quote the day I entered the branch in person but not the day I was alerted and called to request the account be frozen until I could get into a branch. Since I have never received any of the correspondence TD claims in their responses to have sent to me by XXXX. Not a XXXX letter was received at my address dealing with this issue. I have asked in each of my submissions to have the documents relied upon by TD in reaching their decision. Those also have never been forthcoming though I have understood that providing them to me at my request is required by law.

In the response to submission four TD notes specific amounts debited and Im assuming they are saying those are the transactions that I have marked as fraudulent. In fact the response makes reference to the statement I provided as XXXX of my supporting documents, giving the impression of a thoughtful and considerate review of my claim. However, if you look at the statement as it is attached to submission XXXX  the charges highlighted do not match the amounts that the response references. It is this sort of response which has frustrated me from the outset. The reply looks comprehensive on the surface but closer examination reveals that it is relying on facts different from those attached to the complaint. I am again requesting a review of my claim for fraud. I am reattaching the supporting documentation as submitted with submission XXXX XXXX XXXX  and request that TD make a truly thoughtful and considerate review of my claim for fraud and ask that they rely on these documents for same.

Company response to consumer: Closed with explanation