Consumer complaint received 2025-07-23 00:00:00
Product: Checking or savings account — Checking account
Issue: Managing an account — Problem using a debit or ATM card
Company: TD BANK US HOLDING COMPANY
State: FL

Complaint narrative:
TD Bank USA, N.A. 
Attn : Legal Department XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Re : Unauthorized Transactions and Fraudulent Activity on Account ( Case # XXXX ) Dear TD Bank USA , This letter serves as formal notice of my intent to file a civil action against TD Bank USA , N.A. ( " TD Bank '' ) for damages resulting from unauthorized transactions, fraudulent activity, negligent investigation, and improper account closure, leading to the loss of {$6900.00} and additional harm. This notice also extends an offer to settle this matter out of court to avoid litigation. Be advised that I have sent this issue to multiple South Florida news stations, including XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX, for media coverage to highlight TD Banks handling of this matter. 

Summary of Events Prior to XX/XX/year>, I used my TD Bank debit card with PIN for a legitimate transaction at a XXXX XXXX station. Shortly thereafter, unauthorized ATM withdrawals began, totaling {$6900.00}, likely due to card cloning via a skimming device, as evidenced by a gas station flyer warning of such devices. 

On XXXX XXXX XXXX  unauthorized transactions totaling {$6900.00} occurred at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

On XX/XX/year>, while hospitalized, I received a text message from TD Bank requesting verification of a transaction. I promptly responded NO, indicating it was unauthorized, yet TD Bank allowed further transactions, depleting my account. 

On XXXX XXXX XXXX after I notified TD Bank to lock/close my card, unauthorized attempts were made at XXXX ( e.g., {$290.00} on XX/XX/XXXX, Case XXXX ), as confirmed by XXXX TD Bank employees, contradicting TD Banks claim that the card was not used post-notification. 

On XX/XX/XXXX and XXXX, XXXX, I filed dispute claims ( XXXX ), providing evidence including hospitalization records, a gas station flyer, and a request for ATM surveillance footage. 

On XX/XX/year>, I sent a notice of intent to sue, citing TD Banks failure to review ATM surveillance and violations of federal banking laws. 

On XX/XX/year>, TD Bank falsely claimed a provisional credit of {$6900.00} was applied to my account, which was never issued, and denied my claim, asserting the transactions were authorized due to a valid PIN. 

On XX/XX/year>, TD Bank closed my account, claiming it was overdrawn due to the reversal of a non-existent provisional credit, leaving an erroneous negative balance. 

Basis for Claim TD Banks failure to halt unauthorized transactions after my NO response on XX/XX/year>, constitutes negligence and violates the Electronic Fund Transfer Act ( 15 U.S.C. 1693 et seq. ), which mandates prompt investigation and action on unauthorized transactions. The banks dismissal of my claim without reviewing ATM surveillance footage, despite my repeated requests and evidence of card cloning, further demonstrates a lack of due diligence. Additionally, TD Banks failure to maintain and review transaction records, including ATM XXXX, XXXX violate the Bank Secrecy Act ( 31 U.S.C. 5318 ( g ) ( 2 ) ) and the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. ), which require robust measures to prevent fraud and unauthorized access. The false claim of a provisional credit and subsequent account closure with an erroneous negative balance exacerbate the harm, violating consumer protection laws and common law principles of negligence. These actions caused the loss of {$6900.00}, emotional distress, and financial harm from account closure. 

Demand for Relief To resolve this matter without litigation, I demand the following : Full reimbursement of the stolen funds in the amount of {$6900.00}, to be sent via a bank check by overnight delivery to the address listed.

Removal of any negative balance or collection actions resulting from the non-existent provisional credit.

Offer to Settle I am willing to settle this matter out of court if TD Bank agrees to the above terms within five ( 5 ) business days of receiving this notice. Please respond in writing to the address or email listed above and send the bank check via overnight delivery. If no satisfactory resolution is reached within this timeframe, I will proceed with filing a civil action in a court of competent jurisdiction to recover my losses, including compensatory damages, punitive damages, and legal fees. 

Reservation of Rights This notice does not waive any rights or remedies available to me under federal or state law. I reserve the right to pursue all legal avenues, including complaints with the Consumer Financial Protection Bureau, Federal Reserve, and local media outlets, to hold TD Bank accountable. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation