Consumer complaint received 2024-08-31
Product: Checking or savings account — Checking account
Issue: Problem caused by your funds being low — Late or other fees
Company: TD BANK US HOLDING COMPANY (VA)

Dear Sir or Madam, I am writing to formally lodge a complaint against TD Bank in relation to an unauthorized withdrawal from my account ( ending in XXXX ) on XX/XX/XXXX. This withdrawal stems from a fraudulent charge dating back to XXXX that TD Bank failed to investigate properly. TD Bank exercised their right of set-off and withdrew {$2100.00} from my account without notice or justification, relying on falsified documentation provided by a merchant. 

In XXXX, I disputed a charge of approximately {$2000.00} by a company named XXXX XXXX, which had wrongly billed me for services I did not receive. At the time, TD Bank credited my account after investigating the dispute. However, in XX/XX/XXXX, TD Bank reversed the credit based on fraudulent documents submitted by the merchant, including a forged signature that does not match mine. Notably, my name is even misspelled as " XXXX '' on the document, a clear indication of its falsity. 
Despite this obvious discrepancy, TD Bank is obligated to protect consumers from unauthorized transactions and perform a reasonable investigation into disputed transactions. They failed to meet this obligation. 

Key points of my complaint : The {$2000.00} debt that led to the withdrawal was created through fraudulent activity by a merchant ( XXXX XXXX XXXXXXXX ) in XXXX, which was previously disputed and resolved in my favor by TD Bank.

TD Bank failed to properly investigate the validity of the merchants claims, particularly the forged signature and misspelled name on the provided documents.

TD Bank withdrew {$2100.00} from my account without notifying me or providing any opportunity for response, contrary to their responsibilities under consumer protection laws. 
This unauthorized withdrawal has caused significant financial hardship, especially as I am in the process of transitioning to a new role, where a substantial sign-on bonus was planned to be deposited into this account. 
I have met all of my responsibilities in notifying TD Bank of the fraudulent activity in a timely manner and providing all necessary information during the dispute process. It is TD Banks failure to investigate thoroughly that has resulted in this improper withdrawal. Had TD Bank conducted a basic review, they would have confirmed that the signature on the merchants documents was fraudulent and that the merchant could have pursued civil means to resolve the issue if they believed they were owed funds. The merchant, however, chose not to pursue legal avenues, and TD Bank should not have allowed this deduction to proceed three years later.

I respectfully request that the CFPB investigate this matter and require TD Bank to : Immediately reinstate the wrongfully withdrawn funds of {$2100.00} to my account. 
Provide a full explanation of their investigation process and their failure to detect the fraudulent signature and misspelled name. 
Implement stricter procedures to prevent such unauthorized actions and fraudulent transactions in the future. 
Compensate me for any fees, charges, or financial losses incurred due to this wrongful withdrawal. 
I have attached all relevant documentation, including TD Banks XX/XX/XXXX, correspondence notifying me of the withdrawal and documentation related to the disputed transaction. 

Thank you for your time and attention to this urgent matter. I trust that your office will handle this case with the seriousness it warrants, and I look forward to a prompt and fair resolution. 

Sincerely, XXXX XXXX XXXX : TD Bank correspondence from XXXX ( dated XX/XX/XXXX ) TD Bank correspondence to XXXX ( dated XX/XX/XXXX ) Documentation of the disputed transaction