Consumer complaint received 2022-07-25
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:
This will be my third complaint regarding the fraudulent charges against my checking account with TD Bank and an opportunity for me to address the bank 's refusal to acknowledge these charges as fraud from another angle. The bank has responded to my previous complaints as follows : 1. There were no card present attempts after card was closed by the customer. Indicating fraudster knew when the card was closed. 
2. PIN number was entered correctly on the first attempt. No indication Pin number was compromised.

3. Transactions in between fraud not being claimed indicating card in possession. Upon receipt of the escalation, leadership reviewed and upheld the denial 4. XXXX XXXX PIN used transactions occurring in between claimed fraud not being claimed indicating card in possession 5. No closed card attempts made with card at point of sale after card was closed by the customer. Case considered closed. 

In my previous complaints I did not go back to basics and provide documentation of the most building block evidence as I assumed the bank took these claims to be fact. I never considered that I needed to back up my most basic claims, however, after reviewing the XXXXXXXX database, specifically those complaints involving TD Bank, it appeared that those that were successful adopted this approach. Therefore, I am filing this complaint to follow that example and address the banks previous denials without assuming that they accept anything as proven fact though I firmly believe that TD Bank is and has always been privy to this evidence and has chosen to ignore it in favor of canned denials without a thought of the repercussions that their decisions have caused in the single consumers life. 

On Saturday, XX/XX/XXXX, at XXXX pm I received a notification that a purchase of bitcoin had just occurred with my XXXX account ( see Attachments 1 and 2 ). I knew this to be in error or misuse of my card or account as I had never made a purchase of this kind. I immediately contacted XXXX and informed them and asked that they suspend the account. The results of this phone call and the action taken by XXXX were sent to me via email on XX/XX/XXXX ( see Attachment 3 ). As my TD checking account was the funding account for this purchase via my XXXX account I wanted to check and make sure it was secure as well and take any further action necessary. It was at this time that I attempted to access my TD account via online banking and found that neither my long-standing username nor password worked to access my account. I immediately called TD Banks XXXX customer service number and my voice was recognized and confirmed using their voice recognition technology to grant access to discuss my account. At this time, I was notified by the agent that there were numerous pending transactions against my account of which I had no knowledge, and which had not been authorized by myself. I asked the agent to have the account frozen and disable the debit card until I could go into the branch and speak to someone in person. The agent assured me that these actions were taken at that time ( Saturday XX/XX/XXXX, at approximately XXXX pm ). However, as you can see from my attached statements from TD the account continued to be used fraudulently despite my fraud notification ( see Attachment 4 A-C ) and directly refutes claims 1 and 5 made by TD Bank and outlined above. As Monday was a bank holiday I went into my branch on Tuesday, XX/XX/XXXX, to report the fraudulent transactions, that I knew had occurred only after speaking to the customer service agent, but also to find out what had happened to my online access. I knew something had happened but really was unsure to the extent as I had not had any access to my account. As I have previously reported, my debit card was not in my possession and all these actions that I have described above as well as my activity throughout that weekend can be further confirmed by a friend who was visiting with me in my home and who remained in order to provide transportation to my bank on Tuesday. 

In point 3 of TDs reasons for denial they claim that activity on my debit card that was not claimed as fraud occurred during the fraud. This is very easily explained as I had numerous monthly charges that automatically deducted from my account without any action on my part. It was merely coincidence that these charges posted during the fraudulent activity, but it nevertheless does not make them fraudulent nor does their occurrence evidence any fraudulent activity on my part. Any cursory investigation of the account would have shown that the same amounts had been deducted on the same date over the course of many months previous. However, if TD Bank had frozen my account as I requested during my phone call to their customer service line these deductions should also have been denied as that is what I had requested when I contacted the bank. Further, as to claim 4 of TDs denial I categorically deny that any card present PIN used transactions occurred after XXXX pm on Saturday XX/XX/XXXX, were made by myself. It would not have been possible as I no longer had my debit card in my possession or any other access to my account via website or app throughout that weekend at this time and could not have made any purchases or withdrawals via any means as none were available to me. Again, I do have a witness who can testimony as to my activity and further support my denial that the circumstances described in claim 4 occurred in the first place.

As to point 2 of TDs reasons for denial I can only report was I was told by a branch employee when I reported the fraud in person on Tuesday, XX/XX/XXXX, that the PIN was changed at the same time my username and password were changed. I have no way of knowing if this was truly the explanation or if the fraudsters somehow gained this information through other means. I can only say that I had only just received a direct deposit of just over XXXX  XXXX from an insurance payout that I had been in a prolonged battle of nearly three years to settle. I am unaware if I was targeted because of the receipt of these funds but the coincidence that I had a healthy balance for the first time in many weeks only to see those funds disappear in one weekend seems strange ; but I have not been informed nor was I aware of anything out of the ordinary as I went about my usual routine in the days prior to these events. Therefore, I can not confirm or deny the validity of TDs second point, but can only argue that, as all account access had been altered and was no longer available to myself that it seems to follow that the PIN was changed at the same time. I have certainly not been provided with any evidence that it was not changed, nor have I received any written response or documentation from TD Bank despite my repeated requests for this information going back to the first denial of my claim by TD Bank a mere four days after my in person visit to the branch.

Finally, in various communications with TD Bank during this dispute process they have mentioned my historical banking records and again I would assert that if they would consult these, they would see that I very rarely use non-TD Bank ATMs and might have once paid for a balance inquiry in the entirety of my relationship with them. It has not been a common practice in my life to pay for such services and I have only on rare occasions done so, not just during my time with TD Bank, but throughout the entirety of my adult life. I would gladly provide any banking record still available to me if I thought it would assist them in making the correct informed decision I would gladly do so. Therefore, I do not believe that TD Bank has any reasonable claim left to assert to explain the denial of my claim of fraud or to question the validity of my claim. I believe that TD Bank should immediately return the funds fraudulently removed from my account in the amount of {$3800.00}. These charges can be found on my attached bank statement that I have attached to this claim and marked as Attachment 4C. Additionally, funds, in the amount of {$490.00}, were routed out of my account electronically to an unknown XXXX account during the time period that I no longer had any access to my account ( see Attachment 4A ). Though my XXXX account was used by the fraudsters by this time I had that account secured and XXXX and it was not involved in the processing of this transfer. Finally, my name, social security number and bank account were used to apply for and receive a loan, in the amount of {$1000.00} via XXXX XXXX during the time period in which I had lost all account access ( see Attachment 4A ). Therefore, I believe TD Bank should return {$4300.00} to me immediately and provide written documentation of the fraudulent use of my account so that I may in turn provide this documentation to XXXX so that I will not be held liable for the fraudulent receipt of these funds nor held liable for the non-payment and additional fees that have accrued while I awaited TD Bank to properly resolve this valid claim of fraud. Though, in conclusion, as I have asserted above if TD Bank had properly secured my account, as I was assured, they had done on Saturday, XX/XX/XXXX much of this activity would have been rejected at the point of purchase or attempt to transfer.

Company response to consumer: Closed with explanation