Consumer complaint received 2022-01-28
Product: Debt collection — Other debt
Issue: Communication tactics — Frequent or repeated calls
Company: TD BANK US HOLDING COMPANY (NC)

Reference : Supporting Documentation for - Dispute Report XXXX, Generated XX/XX/XXXX. XXXX XXXX XXXX Account # XXXX Dear CFPB, I am submitting supporting documentation regarding the Formal Complaint I filed Without Prejudice on Friday, XX/XX/XXXX, at XXXX XXXX. via email to ( XXXX ) regarding ( TD Bank NA/TD Retail Card Services ). On the same day I received a response from; XXXX XXXX, XXXX XXXX & XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NJ XXXX XXXX chairmansservicecenter @ td On XX/XX/XXXX, at XXXX XXXX., I had a missed call from someone by the name of XXXX XXXX not sure of the spelling ) claiming to be from TD Bank NA XXXX XXXX XXXX, ( see above ). The number did not match the number above for the Customer Complaints Office, instead it was a private number ( XXXX ). The Customer Complaints Office acknowledged safe receipt of my Formal Complaint, on XX/XX/XXXX, at XXXX XXXX via email. I phoned the number left by XXXX ; 1. He didnt answer TD Bank Complaints Office 2. He didnt provide a file or complaint reference number 3. He claimed to have my complaint in front of him, yet asked me what happened 4. He proceeded to add to my narrative with things I didnt say or write 5. I asked XXXX where his office was, he said Florida 6. I asked XXXX what department, he said he worked in the XXXX Department 7. He didnt inform me the conversation was being recorded but I could hear what sounded like a recorder, lots of beeping. 
8. I told him I received a private text from a TD Bank employee/debt collector not related to debt collection and he asked for the name and number of that person. I told him I did not feel comfortable doing that and would have to consult with my attorney. He responded by saying Then I dont want to talk about it anymore if youre not going to provide me with that information. 


TD Bank XXXX XXXX XXXX Timeline XXXX. XX/XX/XXXX, at XXXX p.m. complaint submission via email 2. XX/XX/XXXX, at XXXX a.m. XXXX XXXX XXXX acknowledged safe receipt of complaint via email 3. XX/XX/XXXX, at XXXX a.m. received a call from XXXX claiming to be from the XXXX XXXX XXXX 4. XX/XX/XXXX, I received an update from XXXX my dispute has been resolved This is neither feasible or logical, not to mention possible and makes absolutely no sense. The probability of a Formal Complaint like mine with so much content and details could be resolved in less than ( 10 ) days. 
TD Bank has failed in their duty of care regarding my Consumer and Civil Rights from start to finish. They have been ; 1. Deceitful 2. Egregious 3. Blatant 4. Purposely Mis-leading 5. Abominable 6. Nefarious 7. Rude 8. Intrusive 9. Combative 10. Disrespectful 11. Faulty 12. Mean 13. Fraudulent 14. Double-dealing 15. Malicious 16. Untrustworthy, untruthful 17. Insidious 18. Ambiguous 19. Unempathetic This is unacceptable considering for more than ( 2 ) plus years I have been a loyal customer, never late and never having missed a payment. In addition and considering TD Bank offered to help ALL those affected by the COVID-19 Pandemic which did not apply to me and is discriminatory no matter the reason, which has caused me significant mental and health problems as a result.

The following is a recap of events 1. I phoned TD Card Services on XX/XX/XXXX and explained due to the COVID-19 Pandemic I had suffered a substantial decrease in my business revenue and struggling to pay my monthly payment of ( {$250.00} ) a month. Whilst I paid XXXX payment I asked if I could have a deferment and was told NO, when asked why I was told I already had one and TD Bank NA only allows ONE. When I asked if TD Bank had any other Hardship Programs available under the CARE ACT I was told NO. At the time of that phone call, I was CURRENT with my account having never been late or had any missed payments. 
A. Please see the CARE ACT AMENDED FCRA Signed into FEDERAL LAW by then President Trump in XX/XX/XXXX. 
B. Please see copies of several TD Bank web pages regarding their commitment to customers during the COVID-19 Pandemic, including but not limited to ; a. Deferments b. Forbearance Programs c. The Workout Program d. Hardship Program 2. I phoned TD Card Services on XX/XX/XXXX, because my payment was due the next day XX/XX/XXXX and again ask if TD Bank had any COVID-19 Pandemic programs that could help me because my business continued to struggle due to loosing 98 % of my customer base and business income because of the COVID-19 Pandemic, and again was told NO. Again, under the CARE ACT I was in good standing, having never missed or late with my payment. I asked if I should close my account and was told I could, and the agent closed it during the conversation. I wasnt offered any other alternatives and or advice regarding my account and requested to speak to someone else and was subsequently transferred to customer service. A customer service representative with a very heavy Spanish accent came online and I again explained my situation and asked for deferment and was again told NO. I asked if there were ANY other programs available to me and was told I could apply for the Forbearance Program, she explained ; a. The program would entail, dividing the balance on the account at the time, ( {$5500.00} ) divided by ( 60 ) months the maximum allowed by TD Bank and my payments would be ( {$92.00} ) a month. 
b. I told her I could afford that as opposed to my regular payment of ( {$250.00} ) and wanted to move forward with the process. 
c. The customer service representative put me on hold to get a manager/supervisor and tried several, but no one was available. 
d. The customer service representative apologized and told me she noted my account with everything we spoke about and would send an email to the manager/supervisor regarding the Forbearance Program and told me a SUPERVISOR in that department would call me within 24 hours and 1-3 days at the most.

Again, my account at the time of the above conversation was not in DEFAULT nor was it DELIQUENT. I waited ( 24 ) hours, ( 48 ) hours, ( 72 ) hours and did not receive a call from a SUPERVISOR from the FORBEARANCE DEPARTMENT, until ( 720 ) hours later, ( 30 ) days later. After completing the application with the agent, I was DENIED after waiting and having called to many times to count to resolve this issue. During one of the many calls to TD Card Services I was transferred to Foster in accounts and again explained my situation and asked ; a. If TD Bank participated in any CARE ACT programs and got no response b. Foster told me it was TD Banks responsibility to report my account DELIQUENT regardless of any circumstances.

c. I explained I waited ( 30 ) days for a SUPERVISOR in the FORBEARANCE DEPARTMENT to call me back and had I received a call when TD Bank said I would I had enough income to qualify for the program.

d. When I asked for call recordings to substantiate my claim Foster told me I couldnt have them, when asked why he told me its in the agreement I signed when I opened the account.

Furthermore, TD Bank has violated the following CFPB, FTC, Consumer Right/s Federal and NC Laws ; a. 75, 52 Harassment b. 75 54, Deceptive Representation c. FDCPA, 805 Communication in Connection with Debt Collection 1. ( 8 ) Communicating with the consumer in violation of the provisions of G.S. 62 159.1 ( a ), 153A 277 ( b1 ), or 160A 314 ( b1 ). ( 1977, c. 747, s. 4 ; 2009 302, s. 5 ; 2015 177, s. 3. ) C. FDCPA - 809. Validation of debts 1.

D. No debt collector shall collect or attempt to collect a debt or obtain information concerning a consumer by any fraudulent, deceptive, or misleading representation. Such representations include, but are not limited to, the following : E. ( 1 ) Communicating with the consumer other than in the name ( or unique pseudonym ) of the debt collector and the person or business on whose behalf the debt collector is acting or to whom the debt is owed.

F. ( 2 ) Failing to disclose in all communications attempting to collect a debt that the purpose of such communication is to collect a debt, unless the communication is made to a third party pursuant to G.S. 75 53 for the purpose of obtaining location information about the debtor G. ( c ) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except- H. ( 1 ) To advise the consumer that the debt collector 's further efforts are being terminated ; I. 15 USC 1692e, 807 15 USC 1692e, ( 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.

J. ( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization.

FDCPA - 809. Validation of debts ( a ) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing- ( 1 ) The amount of the debt ; ( 2 ) The name of the creditor to whom the debt is owed ; ( 3 ) A statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) A statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) A statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original credit- 15 USC 1692g ( e ) The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by the Internal Revenue Code of 1986, title V of Gramm-Leach-Bliley Act, or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 810. Multiple debts If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer 's directions. 15 USC 1692h After closing my account, I would receive approximately ( 3 ) debt collection calls and several Robo calls a day whilst waiting for the Supervisor from the Forbearance Department. On one of those calls I received a call from XXXX, ( not positive about name ) and asked the agent to please stop talking for a minute because I didnt feel well and wasnt up to talking at the moment, I told him I wasnt well and he was scaring me and I was extremely uncomfortable with his tone, aggression and obtuse nature. He wouldnt stop or offer to call me back, eventually I BEGGED him to stop and had to hang up. 
On XX/XX/XXXX, at XXXX p.m. I received a text message from a private number I didnt recognize but later confirmed it was from a TD Bank XXXX ( employee/debt collector ). 
a. Is this XXXX XXXX? 
b. I would never done this, but The Father told me to send you this, I will always be here for you XXXX! 
The text message was unsolicited and a Violation of my Right to Privacy. 
Many thanks, XXXX XXXX XXXX XXXX XXXX XXXX, NC XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX, XXXX XXXX & XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NJ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, GA XXXX, ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, PA XXXX ( XXXX Dispute ) XXXX, CFPB, North Carolina Attorney Generals Office