Date Received: 2022-07-25
Issue: Managing an account
Subissue: Problem using a debit or ATM card
Consumer Complaint: This will be my third complaint regarding the fraudulent charges against my checking account with TD Bank and an opportunity for me to address the bank 's refusal to acknowledge these charges as fraud from another angle. The bank has responded to my previous complaints as follows : 1. There were no card present attempts after card was closed by the customer. Indicating fraudster knew when the card was closed. 2. PIN number was entered correctly on the first attempt. No indication Pin number was compromised. 3. Transactions in between fraud not being claimed indicating card in possession. Upon receipt of the escalation, leadership reviewed and upheld the denial 4. XXXX XXXX PIN used transactions occurring in between claimed fraud not being claimed indicating card in possession 5. No closed card attempts made with card at point of sale after card was closed by the customer. Case considered closed. In my previous complaints I did not go back to basics and provide documentation of the most building block evidence as I assumed the bank took these claims to be fact. I never considered that I needed to back up my most basic claims, however, after reviewing the XXXXXXXX database, specifically those complaints involving TD Bank, it appeared that those that were successful adopted this approach. Therefore, I am filing this complaint to follow that example and address the banks previous denials without assuming that they accept anything as proven fact though I firmly believe that TD Bank is and has always been privy to this evidence and has chosen to ignore it in favor of canned denials without a thought of the repercussions that their decisions have caused in the single consumers life. On Saturday, XX/XX/XXXX, at XXXX pm I received a notification that a purchase of bitcoin had just occurred with my XXXX account ( see Attachments 1 and 2 ). I knew this to be in error or misuse of my card or account as I had never made a purchase of this kind. I immediately contacted XXXX and informed them and asked that they suspend the account. The results of this phone call and the action taken by XXXX were sent to me via email on XX/XX/XXXX ( see Attachment 3 ). As my TD checking account was the funding account for this purchase via my XXXX account I wanted to check and make sure it was secure as well and take any further action necessary. It was at this time that I attempted to access my TD account via online banking and found that neither my long-standing username nor password worked to access my account. I immediately called TD Banks XXXX customer service number and my voice was recognized and confirmed using their voice recognition technology to grant access to discuss my account. At this time, I was notified by the agent that there were numerous pending transactions against my account of which I had no knowledge, and which had not been authorized by myself. I asked the agent to have the account frozen and disable the debit card until I could go into the branch and speak to someone in person. The agent assured me that these actions were taken at that time ( Saturday XX/XX/XXXX, at approximately XXXX pm ). However, as you can see from my attached statements from TD the account continued to be used fraudulently despite my fraud notification ( see Attachment 4 A-C ) and directly refutes claims 1 and 5 made by TD Bank and outlined above. As Monday was a bank holiday I went into my branch on Tuesday, XX/XX/XXXX, to report the fraudulent transactions, that I knew had occurred only after speaking to the customer service agent, but also to find out what had happened to my online access. I knew something had happened but really was unsure to the extent as I had not had any access to my account. As I have previously reported, my debit card was not in my possession and all these actions that I have described above as well as my activity throughout that weekend can be further confirmed by a friend who was visiting with me in my home and who remained in order to provide transportation to my bank on Tuesday. In point 3 of TDs reasons for denial they claim that activity on my debit card that was not claimed as fraud occurred during the fraud. This is very easily explained as I had numerous monthly charges that automatically deducted from my account without any action on my part. It was merely coincidence that these charges posted during the fraudulent activity, but it nevertheless does not make them fraudulent nor does their occurrence evidence any fraudulent activity on my part. Any cursory investigation of the account would have shown that the same amounts had been deducted on the same date over the course of many months previous. However, if TD Bank had frozen my account as I requested during my phone call to their customer service line these deductions should also have been denied as that is what I had requested when I contacted the bank. Further, as to claim 4 of TDs denial I categorically deny that any card present PIN used transactions occurred after XXXX pm on Saturday XX/XX/XXXX, were made by myself. It would not have been possible as I no longer had my debit card in my possession or any other access to my account via website or app throughout that weekend at this time and could not have made any purchases or withdrawals via any means as none were available to me. Again, I do have a witness who can testimony as to my activity and further support my denial that the circumstances described in claim 4 occurred in the first place. As to point 2 of TDs reasons for denial I can only report was I was told by a branch employee when I reported the fraud in person on Tuesday, XX/XX/XXXX, that the PIN was changed at the same time my username and password were changed. I have no way of knowing if this was truly the explanation or if the fraudsters somehow gained this information through other means. I can only say that I had only just received a direct deposit of just over XXXX XXXX from an insurance payout that I had been in a prolonged battle of nearly three years to settle. I am unaware if I was targeted because of the receipt of these funds but the coincidence that I had a healthy balance for the first time in many weeks only to see those funds disappear in one weekend seems strange ; but I have not been informed nor was I aware of anything out of the ordinary as I went about my usual routine in the days prior to these events. Therefore, I can not confirm or deny the validity of TDs second point, but can only argue that, as all account access had been altered and was no longer available to myself that it seems to follow that the PIN was changed at the same time. I have certainly not been provided with any evidence that it was not changed, nor have I received any written response or documentation from TD Bank despite my repeated requests for this information going back to the first denial of my claim by TD Bank a mere four days after my in person visit to the branch. Finally, in various communications with TD Bank during this dispute process they have mentioned my historical banking records and again I would assert that if they would consult these, they would see that I very rarely use non-TD Bank ATMs and might have once paid for a balance inquiry in the entirety of my relationship with them. It has not been a common practice in my life to pay for such services and I have only on rare occasions done so, not just during my time with TD Bank, but throughout the entirety of my adult life. I would gladly provide any banking record still available to me if I thought it would assist them in making the correct informed decision I would gladly do so. Therefore, I do not believe that TD Bank has any reasonable claim left to assert to explain the denial of my claim of fraud or to question the validity of my claim. I believe that TD Bank should immediately return the funds fraudulently removed from my account in the amount of {$3800.00}. These charges can be found on my attached bank statement that I have attached to this claim and marked as Attachment 4C. Additionally, funds, in the amount of {$490.00}, were routed out of my account electronically to an unknown XXXX account during the time period that I no longer had any access to my account ( see Attachment 4A ). Though my XXXX account was used by the fraudsters by this time I had that account secured and XXXX and it was not involved in the processing of this transfer. Finally, my name, social security number and bank account were used to apply for and receive a loan, in the amount of {$1000.00} via XXXX XXXX during the time period in which I had lost all account access ( see Attachment 4A ). Therefore, I believe TD Bank should return {$4300.00} to me immediately and provide written documentation of the fraudulent use of my account so that I may in turn provide this documentation to XXXX so that I will not be held liable for the fraudulent receipt of these funds nor held liable for the non-payment and additional fees that have accrued while I awaited TD Bank to properly resolve this valid claim of fraud. Though, in conclusion, as I have asserted above if TD Bank had properly secured my account, as I was assured, they had done on Saturday, XX/XX/XXXX much of this activity would have been rejected at the point of purchase or attempt to transfer.
Company Response:
State: SC
Zip: 29681
Submitted Via: Web
Date Sent: 2022-07-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-25
Issue: Incorrect information on your report
Subissue: Information is missing that should be on the report
Consumer Complaint: Td bank!! Why did you stop reporting my credit card payment to XXXX? Since XX/XX/2021 you have not reported my credit card payment. I have made all my payments on time and I deserve credit for that! Update my payment history!!
Company Response:
State: MD
Zip: 20874
Submitted Via: Web
Date Sent: 2022-07-25
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-25
Issue: Struggling to pay your loan
Subissue: Problem after you declared or threatened to declare bankruptcy
Consumer Complaint: The company is TD finance. After declaring bankruptcy in XXXX I did not include the vehicle a XXXX XXXX XXXX I immediately tried contacting the company to get my payment reduced. My physician suggested with my health issues I go to a independent living facility. Very expensive but need my vehicle for dr appointments etc Im a XXXX and totally on my own. My husband left no life insurance or assets. When calling the TD Finance co number I used to make monthly payments they have me blocked. I have written letters asking for help, I emailed, I tried calling from other phones but Im immediately blocked. Im sending money orders each month to the address I have always used but again no response. Twice my gas tank has had a substance poured into it and cost me XXXX deductible for tank to be flushed its almost un drivable due to so much sugar being in the motor. I feel I was sabbatoged by TD. Im located at an assisted living In XXXX XXXX Why was only my car singled out. They wont assist me in a fair settlement on monthly payments by ignoring me and blocking my calls. I would appreciate any help the dealership wont help me either. The address I use to send payments to is as follows. Any help is appreciated. Sincerely XXXX XXXX XXXX XXXX XXXX XXXX XXXX c XXXX
Company Response:
State: MS
Zip: 38801
Submitted Via: Web
Date Sent: 2022-07-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-24
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: NORDSTROMTDBANKUSA Has a reported balance of {$650.00} on a closed account as of XXXX XXXX, 2019. It has not been verifiable. It has also been charged off.
Company Response:
State: NC
Zip: 28546
Submitted Via: Web
Date Sent: 2022-07-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-24
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: RE : CFPB # XXXX ( the " Complaint '' ) XXXX XXXX, Customer Experience Advocate TD Bank, America 's Most Convenient Bank -made the following statement. TD Auto Finance is required to report all accounts fairly and accurately per the Fair Credit Reporting Act. Therefore, we are unable to remove any accurately reporting information from your credit file This statement is not true, when I responded to Hopes response and asked her why she made this false and very misleading statement, she completely ignored my question. Here response was we may report to the credit bureau. This statement is a violation of 15 U.S Code 1692e - False or misleading representations. This violation comes with {$1000.00} fine Also, please, The notice that was sent to me regarding FCRA 623 ( a ) ( 7 ) ( G ) ( i ), notice either before you furnish the negative information or within 30 days of furnishing it. If you are unable to provide me the notice listed above, then it is a Violation of code FCRA 623 ( a ) ( 7 ) ( G ) ( i ), I ask that Hope please remove all information from the credit bureau and pay the {$1000.00} fine for violation of 15 US Code 1692e and also pay the fine of {$1000.00} for violation of FCRA 623 ( a ) ( 7 ) ( G ) ( i ), Please pay both fines and remove all information from my credit report.
Company Response:
State: CA
Zip: 90066
Submitted Via: Web
Date Sent: 2022-07-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-23
Issue: Getting a credit card
Subissue: Card opened as result of identity theft or fraud
Consumer Complaint: I received a call from Target on XX/XX/2022 asking if I opened a new credit card. I did not. They told me that there was a {$300.00} charge on the card. Some of my personal information was correct, but some was wrong, like drivers license # and email address. Target 's case number is XXXX. I then received a letter from XXXX XXXX on XX/XX/2022 asking if I opened a card. I did not. I called the next morning, XX/XX/2022 and reported this to to XXXX XXXX fraud dept. On XX/XX/2022, I also received a notification from XXXX ( account opened on XX/XX/2022 ) that XXXX XXXX inquired about opening a card. I have disputed that through XXXX. My case number is XXXX.
Company Response:
State: CA
Zip: 91302
Submitted Via: Web
Date Sent: 2022-07-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-23
Issue: Getting a credit card
Subissue: Application denied
Consumer Complaint: Bureau of Consumer Financial Protection, ( b ) Act means the Equal Credit Opportunity Act ( Title VII of the Consumer Credit Protection Act )XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I am an Identity theft victim stated on my credit reports. My credit was stolen from several breaches. I am in lawsuits with XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX data breach. I have been disputing my credit reports for three years now. I am trying to rebuild my credit from the {$18000.00}. GOVERNMENT COVID-19 benefits stolen from me ( UC.PA.GOV told me my Pandemic benefits stolen and did nothing ). I used my savings of $ XXXXduring Pandemic to survive. I XXXX XXXX XXXXXXXX XXXX XXXX keep getting denied credit. My credit reports are inaccurate & I am still disputing them. I need my rights to have credit like all Americans.
Company Response:
State: PA
Zip: 17046
Submitted Via: Web
Date Sent: 2022-07-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-22
Issue: Other features, terms, or problems
Subissue: Privacy issues
Consumer Complaint: I saw someone using my SSI # information to try applying for a Target card on XXXX XXXX
Company Response:
State: FL
Zip: 338XX
Submitted Via: Web
Date Sent: 2022-07-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-22
Issue: Getting a credit card
Subissue: Card opened as result of identity theft or fraud
Consumer Complaint: On XX/XX/2022, I was notified through XXXX XXXX XXXXhat there was credit check made on my credit history by TD Bank, XXXX, SC. I had not ever used this bank and had not applied for any credit cards, loans, etc. I immediately contacted TD Bank and was transferred to numerous divisions where I gave my information. None of the representatves I spoke with could find any record of my in their system. I then went to all three Credit Bureaus and put in a Fraud Alert and froze my credit. Then on XX/XX/2022, I received an alert from XXXX XXXX again now saying a new credit card account had appeared on my Credit History that day. I checked my Credit History and found that on XX/XX/2022, TD Bank had issued a XXXX credit card in my name with a {$4500.00} credit limit and now the balance due was {$4400.00}. I contacted TD Bank which was not easy to do without a Credit Card Account Number and found that they ignored my previous warning that my Identity had been stolen and issued a card. The TD Bank credit card fraud divsion representative told me the new card had been obtained by using my name, Social Security number, Birth Date and home phone number but had been sent to an address that was not mine
Company Response:
State: FL
Zip: 342XX
Submitted Via: Web
Date Sent: 2022-07-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-22
Issue: Getting a credit card
Subissue: Card opened as result of identity theft or fraud
Consumer Complaint: On XX/XX/22 I received notification there was a new inquiry had been opened on my credit report for Nordstroms. I did not apply for this account/credit card. I contacted the Fraud Dept through XXXX card and they put a fraud alert on my credit reports. On XX/XX/22 I contacted Nordstrom and they closed the account and opened a fraud case on their end. I have been instructed to file a complaint with the FTC or local police department.
Company Response:
State: OH
Zip: 435XX
Submitted Via: Web
Date Sent: 2022-08-09
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A