Consumer complaint received 2024-10-24
Product: Credit card — Store credit card
Issue: Getting a credit card — Card opened without my consent or knowledge
Company: TD BANK US HOLDING COMPANY (FL)

On Thursday, XX/XX/year> my spouse and I went to XXXX XXXX XXXX ( XXXX ) to look at swim spas. It was recommended that I get one because I am XXXX on Social Security for XXXX XXXX. We met salesman XXXX XXXX who showed us a floor model called XXXX XXXX XXXX for {$34000.00}. XXXX stated that the {$21000.00} discount ( originally over {$50000.00} ) was because the company was moving ( we found out later that they were in default of their lease and were being evicted and sued ) and it would save XXXX money and time if they sold it. XXXX then invited us into his office to see if we qualified for 0 % financing. He asked for our driver 's licenses and had us sign on an electronic pad to run our credit. We qualified and agreed to put a {$5000.00} deposit- electronic draft from our savings. XXXX explained that we would need to prepare the site i.e. concrete pad and get an electrician. We told him we would be in touch and let him know when we could move forward. One business day later on Friday, I read our HOA rules and learned we can not have any swimming pools or spas over 3 feet high. I emailed XXXX the next day ( I read the booklet late in the day and didn't want to text at night ) and texted him that we couldn't move forward past the deposit and asked for our deposit back. Having not received a response back from XXXX via email, text and phone calls, I was fearful that " something was up. '' I decided to do research on the company. We were new to FL for a month. I then discovered numerous complaints about the company. The local news has done reports on them, class actions with the attorney general are happening, changed company names and locations, private lawsuits, etc. Being increasingly fearful I ran our credit. It was there that I saw we had two TD Yard cards opened with a combined amount of {$29000.00} owed. I then looked at our bank account, they actually took {$5500.00}. However, the receipt only shows the {$5000.00}. Still haven't heard from XXXX so, I decided to go to the store. The next day they were open was Tuesday XX/XX/year>. Still no communication yet from XXXX, I walked in on XXXX on XX/XX/year>. I was told they don't do refunds and they don't participate in the 3 day right to recission. This is a clear Violation of Section 501.142 of FL statutes. They had no posting at point of sale that they don't participate in cancellations. Nothing was posted anywhere. He tried every way to convince me to " not cancel. '' He told me to submerge the unit in the ground. He told me he would talk to their legal team about cancelling. I went home and later that day XXXX asked me for my HOA rules and regulations. I complied. Three days later he emailed me telling me that on XX/XX/year> a new bill in FL HB1203 would allow me to have a swim spa this height on my property. I called my HOA and they said that was untrue. On XX/XX/year> XXXX said they want to work on this issue : His choices were to address the situation with our HOA. Already did and was denied. Choice 2 was to switch to a lower elevation swim spa/hot tub. I can't because I need the depth for my exercise/water therapy. Choice 3 Pay a restocking fee. I asked XXXX how much? Choice 4 Cut out some of the grade in our yard or purchase smart decking. I told XXXX I couldn't as this is cost prohibitive. On XX/XX/year> I emailed XXXX to keep the lines of communication open with hopes of finding a resolution together. I asked him to tell me more about the restocking fee. As of today, XX/XX/year> I have not heard back from him. We contacted lawyer XXXX XXXX on XX/XX/year>. He sent a demand letter to XXXX on XX/XX/year>. On XX/XX/year> XXXX indicated that there has been no response from XXXX. He indicated that XXXX XXXX principal partner of XXXX is being evicted from the location at XXXX XXXX XXXX XXXX FL XXXX. He also is being sued by a man whom he sold a business to. Claiming the business wasn't represented properly/not valued properly. Our lawyer and I suggested we wait to see how the dispute with TD Retail Card Services turns out. The following is the timeline we have had with TD Retail Card Services. On Friday XX/XX/year> I called TD to inquire if accounts were opened and they said yes. I told them we didn't authorize this and to close the accounts. On XX/XX/year> we received communication from TD in the mail stating that the " balances are in dispute and they are working to resolve the matter. '' We were told we aren't responsible for payment at this time. " Please be aware that we resolve all disputes within 2 billing cycles, not to exceed 90 days. '' Yet, It is now 125 days since the dispute was opened. I have called XXXX to speak to the representatives 6 times since XX/XX/year> to attempt to get an update on our case, to ask questions and to provide further proof of how deceitful this company is. XX/XX/year>, XX/XX/year>, XX/XX/year>, XX/XX/year>, XX/XX/year> and XX/XX/year>. Every single time they tell me the case is still under review and that they have 90 days to resolve.