Consumer complaint received 2022-08-20
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:
I have made numerous complaints to the CFPB regarding fraud that occurred on my TD checking account and my most recent complaint resulted in the bank returning a decision that narrowed their reasons for denial from five to one. The one remaining reason for denial is : Card Present PIN used transactions occurring in between claimed fraud not being claimed indicating card in possession Denial stands, case considered closed. 

I have continually requested documentation from TD Bank as to which transaction they are referring to as this would help me to provide a direct response but despite this complaint process going on for nearly one calendar year I have had nothing in writing from them either providing me with the documentation they relied upon to reach any of their reasons for denial ; documents which I understand I am entitled to receive by law. However, as no such transactions, card present PIN used transactions, occurred during amidst the fraud as this type of transaction would have been impossible as my card was not in my possession and therefore was not in use by myself. I have attached my bank statement which does indicate that I did not claim two transactions from XXXX which were pre authorized deductions for the cost of my XXXX membership and the cost of my membership to XXXX XXXX. ( Please see attachment 4C - these transactions are marked in red ; all other fraudulent charges are marked by yellow ). These amounts had been deducted from account in the months prior to the fraud occurring and were automatic ( I wish I could provide documentation of these charges being a regular monthly charge but since TD 's closure of my account I no longer have access to my past banking statements. If I am able to obtain any documentation from XXXX regarding these charges I will update my complaint, however, TD has always had access to all of these records ). These charges did not involve my card being present or the use of my pin at the time they were deducted and were made without any action on my part. I have explained these charges to TD Bank in person and in every complaint I have made through the CFPB since the very beginning of the complaint process so I can not understand their reasons for continuing to deny my claim based on these transactions. Quite simply, while they posted to my account during the time the fraud was occurring they were not fraudulent and I have been honest about that from the beginning. It seems it would have been easier to just say it was all fraud if that would have brought about a speedier conclusion but fundamentally it still would not have been honest which I have been and will continue to be until the resolution of this matter. 

I can not begin to tell you the numerous difficulties I have faced because of TD Bank 's denial of my valid claim of fraud for unsubstantiated reasons. They have never risen to the requirements under which they are bound by law in any of their dealings with me throughout this entire process. I sincerely hope that review of my account statement from the month the fraud occurred and review of my historical account statements which show these payments occurring in the months prior will finally bring this matter to a close.

Company response to consumer: Closed with explanation