Consumer complaint received 2019-11-24
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:
3 ) On XX/XX/XXXX, I first became aware of fraudulent activity on a TD Bank Checking Account Numbered XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. 

4 ) On the same date, I promptly contacted the TD Bank Fraud Department via telephone to alert them to the irregularities and advised that the card associated with the account was either lost or stolen. I further asked that they take immediate steps to disable the Debit Card associated with the account. 

5 ) As instructed by the TD Fraud Department, I filed a fraud complaint and an Affidavit of Fraud with the TD Bank Branch # XXXX, located at XXXX XXXX XXXX XXXX., XXXX, NJ XXXX 6 ) TD Bank employees provided me with a copy of a TD Bank check number XXXX and bearing account number XXXX that was deposited on XX/XX/XXXX to the account via a TD Bank ATM from a location in XXXX. 

7 ) TD Bank Check identified in paragraph 6 shows that it was made payable to someone named XXXX XXXX in the amount of {$100.00}. Check was unsigned and did not bear any endorsement on the reverse side. 

8 ) TD Bank Check identified in paragraph 6 was keyed into the ATM for {$150.00}, despite the front of the instrument stating in numbers and text only {$100.00}.

9 ) TD Bank employees also provided me with a printout that shows a series of unauthorized and fraudulent activities beginning on XX/XX/XXXX. 

10 ) TD Bank employees taking the original report and Affidavit of Fraud on XX/XX/XXXX, failed to advise me to file a police report in the present matter. 

11 ) On or about XX/XX/XXXX, I received a letter dated XX/XX/XXXX containing copies of two checks ( numbered XXXX and XXXX ) that were deposited to the account on XX/XX/XXXX, from an account in the name of XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, MA. from account number XXXX from XXXX XXXX. Check numbered XXXX bore the date of XXXX in the amount of {$100.00} and payable to XXXX XXXX, the same party identified in paragraph 7 above. Check XXXX, drawn on the same account, and dated XXXX was in the amount of {$200.00} and payable to XXXX XXXX. Neither check was signed on the face or endorsed on the back. Both checks were deposited to my TD account via the same TD ATM located in XXXX, MA. 

12 ) All transactions commencing on XX/XX/XXXX and thereafter are the direct result of fraud and consistent with a Cash-Out scheme pursuant to 18 USC 1029 ( a ) ( 1 ),  et.seq. 

13 ) Transaction identified on the report provided by TD Bank employees on XX/XX/XXXX indicates a deposit to the TD Bank ATM ( XXXX ) in the amount of {$54.00} from the account of XXXX XXXX and XXXX XXXX, the instrument bearing check number XXXX and payable to what appears to be the XXXX XXXX, from account number XXXX at XXXX XXXX shows clear signs of being altered and adulterated. Check had an original date of XX/XX/XXXX. Check has no deposit endorsement on reverse side. Appears to be either a stolen instrument or fictitious instrument. 

14 ) Review of the TD Bank transaction logs show evidence of the party or parties engaged in the unlawful activities inquired about available balances before making further unauthorized withdrawals.

15 ) All fictitious instruments were deposited to my account with the intent to defraud the bank and with the exception of the item identified in paragraph 13, appear to be written by the same person.

16 ) Further, upon information and belief obtained through an internet search of the name XXXX or XXXX XXXX in XXXX, MA., The following name appears on the XXXX , Massachusetts Police Department Published Log for XX/XX/XXXX : Refer To Arrest : XXXX XX/XX/XXXX, XXXX XXXX. , XXXX XXXX XXXX. , XXXX , MA . XXXX XXXX Police Department, XXXX Outside XXXX Police Department, Drug, Possess Class A. 

17 ) Party identified in paragraph 14, XXXX XXXX XXXX, shows the same legal address as the account holder on the checks identified in paragraph 11 of this Affidavit. 

18 ) Internet research indicates that XXXX XXXX XXXX is a relative of XXXX XXXX, the account holder of the two checks from XXXX Bank numbered XXXX and XXXX and identified in paragraph 11 herein were deposited to the account and returned for insufficient. 

19 ) TD Bank failed to take reasonable precautions to ensure against the activities described above and are attempting to collect the stolen funds from me. TD Bank has denied the claim and has begun aggressive actions to collect stolen funds from me, despite claim being refiled with additional information.

20 ) All supporting documents and affidavits relative to this matter have been filed in accordance with the requirements of TD Bank Corp.

21 ) TD Bank Corp., continues to attempt collection despite the complaint and claim still being investigated. TD Bank Corp. Collections department supervisor, XXXX XXXX, confirmed in a telephone conversation on XX/XX/XXXX that all collection efforts would cease. 

22 ) TD Bank Corp., has through their actions violated the FDCPA.

Company response to consumer: Closed with explanation