Consumer complaint received 2021-12-13
Company: TD BANK US HOLDING COMPANY
State: NJ
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
TD Bank N.A. is in direct violation of the consumer fraud protection rights afforded to me under the Electronic Funds Transfer Act in the amount of {$3400.00}. I have attempted on three separate occasions to resolve this manner and they have unjustly denied my claim on each occasion without providing any specific details surrounding their legal ability to do so. A full description of the events are as follows : On Wednesday XX/XX/2021 my debit card was lost or stolen in downtown XXXX sometime between XXXX and XXXX and somewhere between XXXX XXXX XXXX XXXX XXXX, TN XXXX and XXXX XXXX XXXX XXXX, XXXX, TN XXXX. I did not realize the card was missing until I awoke the following morning of XX/XX/2021 at approximately XXXX. Upon checking my email first thing in the morning I discovered {$3400.00} in unauthorized charges from XXXX separate transactions all occurring while I was asleep at my hotel on XX/XX/2021 between XXXX and XXXX. These fraudulent charges include XXXX consecutive transactions at a single ATM and over {$1200.00} in charges at a single XXXX location. None of this suspicious activity prompted any notification or protection from TD Bank. 

I immediately contacted TD Banks Customer Service line and informed them of the stolen card. This call occurred less than 9 hours after the first fraudulent transaction. At the time of my initial call all fraudulent charges were in pending status and had not been posted to my account. I was informed that the card would be immediately deactivated, but that I would have to call back once all of the charges posted to my account in order to report the fraudulent activity. 

The morning of XXXX XX/XX/2021 I confirmed that the fraudulent charges had posted to my account and called TD Bank Customer Service at approximately XXXX to file the fraud claim so that I could be reimbursed for all of the unauthorized charges. At the time I worked with the representative to review the account and confirm each of the XXXX fraudulent transactions individually. For the next week I awaited a provisional credit in the full amount of {$3400.00}, but received nothing. 

On XXXX XXXXXX/XX/2021 I received a letter dated XX/XX/2021 via USPS from TD Bank N.A. that stated Based on our investigation, we have determined that fraud did not occur. It also indicated a total amount of {$2900.00} which did not include all of the fraudulent charges that occurred after I reported my card as stolen. No further details were provided in this letter. On XX/XX/2021 I called to dispute this false claim that fraud did not occur made by TD Bank N.A. During this call I was informed that my PIN number had been used on a number of the transactions. They questioned how another individual would have obtained my PIN number. I advised them I was unaware of how this may have occurred, but informed them that regardless of the use of my PIN, all the transactions being disputed were unauthorized and fraudulent. They informed me that if I wanted to reopen a fraud investigation, I would need to obtain a police report from the incident. I immediately contacted the XXXX Police Department and filed the requested police report detailing every location where fraudulent activity occurred from my bank statement. The police informed me that I could contact them in 3 5 business days to acquire a copy of the report. 

On XXXX XXXXXX/XX/2021 I contacted the XXXX XXXX Police Department records office and submitted a request for a copy of the needed police report. On XXXX, XX/XX/2021 I received a full copy of the requested police report. I called TD Bank N.A. back on XXXX XX/XX/XXXX and informed them I had the police report in my possession and needed to reopen my fraud claim. They informed me that I would need to bring the report to a branch office since they were unable to accept any documents from me electronically. I complied and brought the report to my local TD Bank branch at XXXX XXXX XXXX XXXX, XXXX, NJ XXXX onXX/XX/XXXX XX/XX/2021, along with a detailed list of my bank transaction history highlighting all of the XXXX fraudulent charges. The representative at the branch took all of the information and created a new fraud investigation. At this time they split the {$3400.00} in fraudulent transactions into 4 separate claims explaining to me that they were separating ATM, PIN and credit card transactions. The division of charges was done as follows : Request # XXXX {$2000.00} Request # XXXX {$75.00} Request # XXXX {$1100.00} Request # XXXX {$120.00} On Friday, XX/XX/2021 I received a provisional credit in the amount of {$2000.00} for request # XXXX. No provisional credits were provided for the other three requests. On Thursday, XX/XX/2021 I received four separate letters from TD Bank N.A. Three of the letters, for requests XXXX, XXXX and XXXX, stated based on our investigation, we have determined that fraud did not occur without any further explanation. The fourth letter for request XXXX confirmed the provisional credit stating this credit is granted pending completion of our review. 

OnXX/XX/XXXX XX/XX/2021 I returned to my local branch to contest the decision on the three requests that were denied and seek further explanation. The branch could not provide a formal response, but noted that the use of my PIN number on the fraudulent transactions was listed in the notes. The representative advised that he would submit an inquiry and have someone contact me directly. The following day, XX/XX/XXXX XX/XX/2021 I received a call from TD Bank N.A. to inform me that they were reviewing my inquiry. The representative on the phone could not provide me with any additional information, but asked if I had any information on how my PIN number may have been compromised. I informed him that I did not know and asked that I please be contacted to obtain a full explanation regarding the status of my claim. He complied. 

On XX/XX/XXXXXX/XX/2021 I received a letter related to request # XXXX informing me that based on our investigation, we have determined that fraud did not occur and that the provisional credit was being removed from my account. On XX/XX/XXXXXX/XX/XXXX,, 2021 the {$2000.00} provisional credit was debited from my account. No additional information has been provided regarding my claim since this date. 

To date I have received {$0.00} in reimbursement from TD Bank N.A. I am seeking immediate reimbursement from TD Bank N.A. in the full amount of fraudulent charges applied to my account in the amount of {$3400.00}.

Company response to consumer: Closed with monetary relief