TD Bank SC
Overdraft protection fees - never signed up for service

Letter to TD Bank - SC 3/7/2012

I am writing you today to document that I never signed up for over draft protection on my debit card; my wife and I have requested that this be removed from our account multiple times; I removed this protection from my online account on 3/5/2012; I am requesting that you stop charging me overdraft fees; I am seeking reimbursement from TD Bank and I am trying to minimize my claim against TD Bank and;

I was informed today by J.T. Greene, assistant Vice President and store manager of your Woodruff Rd. branch, that he discussed our situation with you. He indicated that TD Bank’s position was that the $350 that was removed from our account for overdraft protection since 5/2/2012 would not be returned.

Mr. Greene stated the justification of this was that I had been charged over $600 with Carolina First for over draft protection a year or so ago and several other charges with TD a few months ago. I spoke to my wife and she said she was aware of these TD bank charges and instructed a teller at the Woodruff Rd. branch, on the same day of those charges, that she wanted your over draft service removed from our account. She also instructed the teller that we did not sign up for this service. We received a letter from Carolina First / TD bank during your merger, stating that this service was available on our debit card and we would need to sign up for it. I chose not to participate. I asked Mr. Greene to research my account and verify by my signature and/or my wife’s signature that we had signed up for this service and since he could not produce this documentation; I am at a loss as to why you have upheld his decision.

Again, in an effort to minimize our mutual costs in this manner, I am requesting that all over draft protection fees charged by Carolina First and TD bank be reimbursed to our account by 4/6/2012. I am also requesting a consolidated accounting statement of all over draft fees charged by Carolina First and TD Bank from Jan. 1 2010- March 6, 2012.

It is our common sense belief that automatically enrolling a customer into an overdraft protection on a debit card is unlawful and violates banking and usury laws. I am not a lawyer and I do not know for sure if a bank has this right or not. But I am willing to let a judge decide if TD Bank has the right to charge us for a service that TD Bank can’t prove we agreed to and to determine if TD Bank has the right to continue to charge us for a service that we specifically requested be removed.

Be advised - I am trying to minimize my claim against TD Bank in SC and TD Bank N.A. The sum total of what we are asking for in this letter is the return of all monies taken from our account for over draft protection from Jan. 1 2010 through March 6, 2012. Failure to respond in writing by 4/6/2012 will result in our pleading to the court for the return of monies removed from our account, reimbursement of court costs and legal fees, our lost time and productivity in pursuing this matter and any punitive damages that the law may allow. Any settlement achieved prior to going to court would include the return of monies removed from our account, reimbursement of legal fees and our lost time and productivity.

Also, failure to respond in a reasonable manner by 3/15/2012 will result in my filing a formal complaint with the Federal Reserve, the SC Dept. of Consumer Affairs and the Better Business Bureau.

In no way should anything stated in this letter be construed to limit any of my consumer rights as I continue to pursue this matter; including any rights I may have to create public awareness of this banking practice or any rights I may have to consolidate the claims of other consumers with a similar complaint.


(Name withheld)


Legal Department / TD Bank N.A.

1701 Route 70 East

Cherry Hill, New Jersey 08034

Offender: TD Bank SC
Country: USA   State: South Carolina   City: Greenville

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