Consumer complaint received 2021-04-29
Company: TD BANK US HOLDING COMPANY
State: MA
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
I recently had {$3500.00} fraudulently debited from my TD Bank account. I have had numerous contacts, both written and telephonically, with TD Bank attempting to recover my funds, which I believe were stolen because of weak internal controls at TD Bank. I believe that my funds should be returned to me as they were electronically misappropriated. I further believe that TD Bank is not complying with the requirements of Reg E, the Electronic Funds Transfer Act in returning my funds, despite my following the requirements of the regulation to protect myself following the loss. 

On XX/XX/2021 at XXXX, I received a call from the TD bank customer service number ( XXXX is what showed on my caller ID ). The Agent identified himself as XXXX from the TD Bank fraud department. XXXX with TD Bank advised that I had a few suspicious charges on my account from XXXX, New York. He asked for my permission to send these charges for investigation and I said sure. He added that all he needed me to do was reply Y to a series of normal cell phone text messages. 

At no point during this call did I visit TD Banks website, use their banking app, provide my private information to the caller, or request that funds be transferred out of my account in any way. The call ended with no other actions taking place. 

Unfortunately, what I did not know is that TD Bank had allowed fraudster access to my account without my authorization, which I believe reflects a weak control environment at TD Bank. 

I have now been told that the criminal used TD Banks XXXX XXXX, a service that I have never used during my time with TD and did not use on that day either. The individual initiated twenty-three charges in total using TDs XXXX service. I believe that TD Banks weak internal controls and poor fraud control procedures allow customers like myself to be defrauded by criminals. 

After the call, I went to check my account and realized something was wrong when I couldnt log into my mobile checking account. So I called the bank using the same number I always use. As instructed by TD, I notified the police of the event and have been working with a detective here in XXXX, MA. I have now submitted three written requests for return of my misappropriated funds through TD customer service representatives and sent a record of the police report as well. Further, the representative that I have been in touch with at my local TD branch has even submitted a letter of acknowledgment that my loss occurred through fraudulent means. 

I have been calling customer service consistently to check up on the status of my case and to ensure they have received all the pieces of documentation required to return my funds. Each time staff ask me to repeat what happened, so it seems that TD Bank has a poor customer complaint tracking system as well as weak controls. During my last contact with TD Bank customer service, I was informed that they will not reimburse my stolen funds, hence I am writing to you for assistance. 

I am hoping that your office can assist me in achieving my desired outcome which would be for TD Bank to return my stolen funds in compliance with the Electronic Funds Transfer Act and the Right to Financial Privacy Act. 

Thank you for your time and thank you for any assistance you can provide in these trying economic times.

Company response to consumer: Closed with explanation