Consumer complaint received 2023-06-08
Company: TD BANK US HOLDING COMPANY
State: NJ
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
This case involves my checking account with TD Bank. On XX/XX/XXXX after midnight, I had fallen a victim to drug induced theft in XXXX XXXX, LA, where I got both of my cell phone and wallet stolen. I woke up in an unfamiliar area, and I had to get police involved to drive me to where I was staying. All of my IDs and debit/credit cards were in my wallet. The thief most likely used my face to open my cell phone using the face recognition while I was unconscious. The location tracking system of my phone had been turned off by the thief intentionally, so I could not trace my phone. While I was unconscious, the thief had used my credit cards to shop and use services. As soon as I recognized unauthorized transactions, I had contacted all of the banks and credit cards affected by the theft. Since the thief even had access to my email through the stolen phone, I was even more exposed to a bigger scam and vulnerable to the thief 's exploitation. What shocked me most was that some of the debit/credit card transactions had been used by entering the correct PIN. I still do not understand how the thief was able to find out the correct PIN, but it is possible that he or she was shoulder surfing while I was making a payment before the theft incident, or used some technology to crack my PIN. My stolen TD bank card was a XXXX debit card that I could use both as a debit or credit card. There was exactly {$100.00} in it. The bank statement shows {$3.00} of non-TD bank fees as well as {$3.00} insufficient fund fees, and {$93.00} of cash withdrawal. Applying logic and common sense, it is obvious that the thief had no idea how much money was in my TD account and tried to withdraw more than {$100.00}, which resulted in the {$3.00} insufficient fund fees. My debit/credit card with TD Bank was not the only card that was compromised. It was difficult to explain how the correct PIN was entered to other credit card companies that had been affected by this theft, but they all reversed the fraudulent transactions. I had explained that those transactions could not been made by me since I was not at the places that those transactions had taken place. I had provided my " alibi '' so to speak. For instance, I was at the police station making a statement when this TD cash withdrawal transaction happened. Although I had provided detail explanations along with the police report that I had filed, TD had used one dimensional approach, saying that the correct PIN was entered, so the transaction was legitimate. For the past 3 years or so, I had consistently maintained a similar balance in my account every month and never used anything for other than making payments or transfers. TD bank 's investigation did not even consider any other pieces of information and situational factors in my case and refused to reverse the withdrawal of {$93.00} just because correct PIN was entered. I obviously knew how much money I had in my account, and there is not even a TD bank or ATM in XXXX XXXX. After more than 3 years with TD bank, it is apparent that such a transaction is out of the ordinary for anyone who reads the statement. What is even more contradictory is that I had received a fraud alert after that withdrawal transaction happened and TD blocked my account, only after the withdrawal, and yet, when I requested a reversal of the withdrawal, TD refused to reverse {$93.00}. All of my other banks reversed transactions based on the information that I had provided although correct PIN was entered.

Company response to consumer: Closed with explanation