Consumer complaint received 2024-06-04
Product: Checking or savings account — Checking account
Issue: Problem with a lender or other company charging your account — Transaction was not authorized
Company: TD BANK US HOLDING COMPANY (MD)

From : XXXX XXXX To : TD Bank RE : Claim # XXXX I find it unacceptable that TD Bank would allow or believe it is legally permissible for my card to be charged without proper authorization. Also, Im even more concern that TD Bank ( per the claims department ) has not required the merchant to show any documentation proving that they had proper authorization to charge my card for the {$160.00}, even the hold for {$180.00}. I am deeply disappointed in the way this matter has been handled. 

Dispute Reasons : XXXX. As I have mentioned several times, I did not authorize a hold of {$180.00} on XX/XX/XXXX, nor did I authorize the charge of {$160.00} on XX/XX/XXXX. 
XXXX. The signature on the receipt provided by the XXXX on XX/XX/XXXX is not mine and does not say XXXX XXXX anywhere on the document. 
XXXX. The name on the receipt & booking is " XXXX XXXX, '' which is also not my name. 
XXXX. I was not present at hotel on XX/XX/XXXX when {$160.00} was charged. 
XXXX. No incidental charge occurred XXXX : Initially, on XX/XX/XXXX, the XXXX XXXX refused to provide a copy of the electronic authorization form that they said I allegedly signed agreeing to pay full charges of room, citing proprietary reasons. This refusal violated the XXXX XXXX Billing Act ( FCBA ), which requires transparency and the provision of signed documents upon request. When they finally provided a copy of an allegedly signed document on XX/XX/XXXX, after multiple requests, it did not show that I signed or provided authorization for holds of {$180.00} or charges that the hotel made {$160.00}. Additionally, this charge constitutes deceptive trade practices under various consumer protection laws. 

Moreover, I have confirmed with XXXX Customer Service and hotel staff members XXXX and XXXX that XXXX XXXX XXXX does not have its incidental policy listed on their website https : //www.marriott.com/en-us/hotels/dfwds-sheraton-fort-worth-downtown-hotel/overview/. There is no way for guests to be informed about authorization holds, etc. in advance of coming to the hotel. I was verbally informed by hotel staff XXXX on XX/XX/XXXX, XXXX, XXXX and others that the incidental charge the hotel holds is only & XXXX {$100.00}, regardless of the length of stay and this hold is removed if no incidental occurs. This situation is not only misleading but fraudulent. 
Fraudulent activity is defined as any deceptive practice or false representation made to gain a benefit to which one is not entitled. This situation clearly fits within this definition as I was deceived into believing my card would only be used for incidentals, yet it was charged for the room rate without my consent. 


As per standard hotel industry practices, incidental holds are typically applied to cover potential expenses such as room service or minibar usage. These holds should be separate from the room rate, which should have been charged to the individual who made the booking. The Fair Credit Billing Act ( FCBA ) protects consumers from unauthorized charges. Your actions in charging my card without my consent are a violation of these protections. 

It is not my responsibility to provide proof of payment by another source, as I did not authorize the charge on my card. The Fair Credit Billing Act ( FCBA ) protects consumers from unauthorized charges and requires financial institutions to investigate and resolve billing errors and unauthorized charges. Furthermore, under the Truth in Lending Act ( XXXX ), financial institutions must protect consumers from fraudulent and unauthorized transactions. Regulation XXXX ( XXXX XXXX ), which implements the Electronic Fund Transfer Act ( XXXX ), provides consumer protections for electronic fund transfers, including debit card transactions. XXXX XXXX limits my liability for unauthorized transactions and requires TD Bank to investigate and resolve errors reported by consumers. Additionally, the Consumer Financial Protection Bureau ( CFPB ) enforces consumer financial laws to ensure that banks treat consumers fairly. TD Bank must adhere to these guidelines, which include protecting consumers from unauthorized transactions and ensuring transparent dispute resolution processes. Your refusal to uphold the dispute reversal without sufficient evidence contradicts these requirements. 

Furthermore, TD Banks own policy states that customers should promptly report any unauthorized charges. TD Bank is required to investigate and resolve disputes in a timely manner. The bank 's refusal to uphold the dispute reversal without requiring proof of authorization from the merchant and acknowledging fraudulent activity violates these protections. Also, I spoke with a representative XXXX who called me for the first time on XX/XX/XXXX and advised she was giving 3 days to provide documentation but denied my claim on the same day after. I escalated to XXXX XXXX from the XXXX of the XXXX at TD Bank and was told that should not have occurred. This gives me higher concern for my money to be with this institution unprotected. 



Thanks, XXXX XXXX XXXX : XXXX XXXX | XXXX : XXXX XXXX