Consumer complaint received 2021-07-25
Company: TD BANK US HOLDING COMPANY
State: PA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
On the night off XX/XX/2021, I went out to a restaurant in XXXX with 3 friends. On the way home around XXXX, I realized my TD bank debit card was not in my wallet. I immediately froze my card then checked for any unusual charges on my TD bank app and saw none. The next morning, I checked my app again and I saw 3 " DDA Withdraw '' pending charges ( {$300.00}, {$300.00}, and $ XXXX= {$700.00} ), along with 3 accompanying " NONTD ATM fees '' of {$3.00} each. The location was listed as XXXX XXXX XXXX, XXXX, PA for those charges, which is just a few blocks away from the restaurant I was at. I immediately called TD bank customer service and was told that I could file a dispute for the charges but would need to wait until the pending debit charges officially went through on the app. 

On Tuesday, XX/XX/XXXX, the charges officially processed so I called TD bank back and filed my first dispute. I explained that I was not exactly sure when the card was lost, but assume it was on my way to/from/or inside the restaurant, somewhere between XXXX XXXX. I asked the representative if the PIN number was used and he said it was. He said it was first entered incorrectly around XXXX, but less than a minute later was entered correctly and was then entered correctly for the next 2 withdrawals minutes apart. I asked how someone could take money out from my account without knowing the PIN number and he said either they watched me use it previously or, that it was rare but possible that someone shared the same PIN number. He felt confident I had taken the right steps and would get my money back after TD 's investigation and verbalized this. 

A week later, I received a letter in the mail from TD bank explaining that they had reviewed my dispute and concluded that no fraud had occurred and the money would not be reimbursed. On XX/XX/2021, I went to the TD bank at XXXX XXXX XXXX in XXXX to speak to them in person regarding the denied dispute claim. The customer service coordinator, XXXX XXXX, read me the investigator 's notes about the decision and said the reasons for the denial were that 1. the PIN number was correctly entered and 2. the bank account was not completely drained. I explained to the representative that according to the other representative who filed my first dispute, the PIN was entered incorrectly the first attempt. I also explained that I have a limit of {$700.00} per day limit in withdraws on that debit card, therefore, the person did drain all that they could possibly take at the time. I had frozen my card before they were unable to reattempt another withdrawal the next day. I filed a second dispute based on those facts but was also recommended to file a police report as well to help my case and told to give the DC number to TD bank once I had it. This dispute was also denied, based off the same two reasons I listed previously. 

I filed a police report at the XXXX Police XXXX District office, requesting that the ATM cameras be reviewed to determine that I had not been the one to withdraw the money. I gave TD bank the DC number from the police report as they requested and filed a third dispute with XXXX, one of the managers of TD Bank on XXXX XXXX. He said he would contact me directly regarding a response from the dispute investigators and I never received a response back. 

Lastly, on XX/XX/2021, I called TD Bank again for an update. I was forwarded to XXXX who said my third dispute was also denied, again based off the same two reasons. I requested to speak to the investigators of the disputes to discuss these decisions and XXXX refused. He said the only thing he could do was email the investigators on my behalf to see if there is anything else that can be done. I again requested that the ATM cameras be reviewed and attempted to explain how their reasoning did not make sense for the other denied disputes. I have still not received a response. 

Not only is TD bank refusing to acknowledge the flaws in their reasons for denying my first three disputes, but they have also failed to review the ATM cameras though they have the exact location, date, and time of these withdrawals. They have also failed to consider that these withdrawals should have been flagged in the first place as they are abnormal and stray from my usual banking pattern I have never taken out {$700.00} at midnight and in 3 separate, consecutive withdrawals that each require a {$3.00} ATM fee. I do not feel that TD Bank conducted proper due diligence in this investigation, and although I followed every step they advised in disputing these charges, it is costing me my {$700.00}. I would like to be reimbursed the money I am owed as a trustworthy, loyal customer. Thank you.

Company response to consumer: Closed with explanation