Consumer complaint received 2024-10-25
Product: Credit card — General-purpose credit card or charge card
Issue: Struggling to pay your bill — Credit card company won't work with you while you're going through financial hardship
Company: TD BANK US HOLDING COMPANY (MD)

Where to begin with this bank!? Things hadnt been the best and to be honest financially, so I have only been making the minimum payments to remain current with the projected outcome to pay off the credit card when I am financially able to. Unexpectedly in XX/XX/year> I was laid off and my severance payments ended in the middle of XX/XX/year> and as a result, I am now on unemployment. Nevertheless, I have attempted to make monthly payments, which ultimately has put me behind this month considering I am only receiving {$430.00} a week ; which is the maximum allowed in the state of Maryland and as of today, my XXXX payment that is set up to automatically draft on the XXXX of each month has not been submitted to bring my account current. 
After not being able to make a payment in the month of XXXX, I received a letter in the mail stating that I needed to make a payment and if a payment wasnt received collection practices would begin. In the past ( i.e. XX/XX/year> ) when I submitted a payment late a letter was not distributed nor was a subjected to harassing/or stalking phone calls. These stalking/harassing phone calls began on Saturday, XXXX, I began to receive harassing/stalking phone calls from the automated system and within a time frame of 1.5 hours I had already received 3 phone calls! The phone number that I received the phone calls ( XXXX ) XXXX at XXXX, XXXX, and XXXX which resulted in me finally answering the phone after becoming extremely annoyed, aggravated, and agitated. Upon answering the phone, the automated system alerted me that I was speaking with TD Bank and then connected me to an agent. 
At this point, I was beyond being nice, and expressed my frustration only for the agent to loudly state XXXX XXXX this is an attempt to collect a debt, even though it technically has not been 30 days, so legally collection practices and statements such as these are not permissible/nor applicable. Based on these things, I literally blocked the phone number referenced above, because I knew the phone calls were not going to end, and the only reason the excessive collection practices are being conducted is because we are currently in XXXX of XXXX and XXXX of XXXX. Not to mention, I called TD Bank on XX/XX/year> to alert them of my financial situation ( i.e. unemployed based on no fault of my own which was driven by me being laid off ), after I determined that I was no longer able to make the minimum payments and was able to speak with the hardship department. After explaining my situation, the agent advised that they had two assistant programs with payment terms that included both 12 months and 60 months where the consumer would not be charged interest/and or late fees however, the credit card would be closed. When I asked the agent about how this would be reported since the card would be closed and payments would be still be submitted to TD Bank until the terms were satisfied, the agent began to read a script stating that it was up to the credit bureau how the information would be reported. When I counteracted and stated that this is not true, because TD Bank is responsible for reporting accurate information to the credit bureau because they only report what is provided to them, the agent merely repeated his response and stated that he was merely reading the ( FCRA ) Fair Credit Reporting Act script that he had been given. I then proceeded to ask if this agreement along with the terms/and conditions would be provided in writing via mail or email, the agent stated no further explaining that the only thing that would be collected would be a verbal signature which would result in him reading me a disclosure. After considering what was being offered, I advised that I was skeptical about accepting the offer because nothing was being provided in writing and it would be my word against the banks, at this point, especially in terms of what is being reported to the credit bureau. Before the call was ended, I confirmed with the agent that the offering was not time sensitive and advised that I would like to time to think about. At this point, TD Bank is doing whatever it wants and has blatantly violated the ( FCRA ) Fair Credit Reporting Act by refusing to provide information in writing, and refusing to actually provide a substantial response in writing to support what is being offered to consumers over the phone. I would rather let me payments be late versus accepting the offering because when credit cards are closed, it negatively impacts your credit score and TD Bank REFUSES TO USE COMMON SENSE AND INSTEAD WOULD RATHER BREAK EVERY LAW THAT EXIST! 
Refusal to provide financial hardship program terms and conditions in writing and only accepting verbal consent over the phone which would result in closure of your credit card. Refusal to provide a thorough explanation relating to how/and what information is reported to the credit bureau XXXX This is a BLATANT REFUSAL TO PROVIDE REASONABLE ACCOMODATIONS AND PROVES THAT TD BANK IS LOOKING FOR WAYS TO COVER THEMSELVES WHILE LEAVING CUSTOMERS WITH NO DOCUMENTATION OR PROOF OF A FINANCIAL AGREEMENT BETWEEN THEMSELVES AND TD BANK : Violation of the ( CFPB ) Consumer Finance Protection Bureau Act 1026.51, Ability to Pay. ( a ) General Rule : Consideration of ability to pay. A card issuer must not open a credit card account for a consumer under an open-end ( not home secured ) consumer credit plan, or increase any credit limit applicable to such account, unless the card issuers considers the consumers ability to make the required minimum periodic payments under the terms of the account based on the consumers income or assets and the consumers current obligations. ( ii ) Reasonable policies and procedures. Card issuers must establish and maintain reasonable written policies and procedures to consider the consumers ability to make the required minimum payments under the terms of the account based on a consumers income or assets and a consumers current obligations. Reasonable policies and procedures include treating any income and assets to which the consumer has a reasonable expectation of access as the consumers income or assets, or limiting consideration of the consumers income or assets to the consumers current obligations. Reasonable policies and procedures also include consideration of at least one of the following : The ratio of debt obligations to income ; the ratio of debt obligations to assets ; or the income the consumer will have after paying debt obligations. It would be unreasonable for a card issuer not to review information about a consumers income or assets and current obligations, or to issue a credit card to a consumer who does not have any income or assets. ___ Without documentation to support this type of agreement, TD Bank could literally report anything that they wanted to the credit bureau, allowing the opportunity for them to abuse their power as a bank, leaving consumers with the only option to dispute what is being reported ; which in turn would be sent to the TD Bank who could refuse to respond or worse, provide the same justification that they provided to me. 
Excessive Phone Calls After 1 Missed Payment : Violation of the ( FDCPA ) Fair Debt Collection Practices Act, subsections titled 806. HARRASSMENT OR ABUSE : A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. 
2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) of this title 4 ) The advertisement for sale of any debt to coerce payment of the debt. 5 ) CAUSING A TELEPHONE TO RING OR ENGAGING ANY PERSON IN TELEPHONE CONVERSATION REPEATEDLY OR CONTINOUSLY WITH INTENT TO ANNOY, ABUSE, OR HARRASS ANY PERSON AT THE CALLED NUMBER. 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the callers identity. Subsection titled 807. FALSE OR MISLEADING REPRESENTATIONS was also violated by sending written communication alluding to detrimental consequences less than 30 days after payment was not received. 807. FALSE OR MISLEADING REPRESENTATIONS states : A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. 
Without limiting the general application of the foregoing, the following conduct is a violation of this section. 1 ) The false representation or implication that the debt collector is affiliated with the United States or any state, including the use of badge, uniform, or facsimile thereof. 2 ) The false representation of A ) the character, amount, of legal status of any debt ; or B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. 3 ) the false representation or implication that any individual is an attorney or that any communication is from an attorney. 4 ) the representation or implication that nonpayment of any debt will result in the arrest of imprisonment of any person of the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action 5 ) THE THREAT TO TAKE ANY ACTION THAT CAN NOT LEGALLY BE TAKEN OR THAT IS NOT INTENDED TO BE TAKEN.

6 ) the false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to A ) lose any claim or defense to payment of the debt B ) become subject to any practice prohibited by this subchapter. 7 ) the false representation or implication that the consumer committed any crime or other conduct to disgrace the consumer. ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 10 ) THE USE OF ANY FALSE REPRESENTATION OR DECEPTIVE MEANS TO COLLECT OR ATTEMPT TO COLLECT ANY DEBT OR TO OBTAIN INFORMATION CONCERNING A CONSUMER.

( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. ( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. ( 13 ) The false representation or implication that documents are legal process. ( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization. ( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer. ( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. [ 15 USC 1692f ]