Schlanger Law Group, working with co-counsel Thomas Cox, recently filed a federal lawsuit in the District of Maine against TD Bank, Equifax, and Experian on behalf of a consumer who was robbed while traveling abroad. The lawsuit alleges that despite promptly reporting the theft, Defendant TD Bank refused to reimburse the consumer for unauthorized credit card and debit card charges, and continued to report the fraudulent debt on the consumer’s credit report. The complaint further alleges that the credit reporting agency Defendants failed to conduct a reasonable investigation of the consumer’s dispute and failed to correct inaccurate information on our client’s credit reports.
Robbed While Traveling Abroad
According to the complaint, in February 2024 our client was robbed in San Jose, Costa Rica, when criminals stole his wallet and cell phone, including a TD Bank debit card and TD Bank credit card that he had never used or activated for transactions.
The consumer alleges that he contacted TD Bank promptly to report the theft, emphasizing that any charges on either card were fraudulent and unauthorized.
TD Bank’s Response
According to the lawsuit, TD Bank failed to credit back some of the unauthorized debit card charges and denied our client’s dispute regarding the stolen credit card charges entirely. The complaint alleges TD Bank sent contradictory letters—at one point claiming the fraudulent transactions had been “adjusted back” to the account, and at another point threatening legal action to collect the debt and reporting the charge-off to credit bureaus.
The lawsuit further alleges that TD Bank continued to impose monthly charges and accruing interest on the fraudulent credit card balance after our client had reported the theft.
The Credit Reporting Nightmare
When a consumer disputes inaccurate information, the Fair Credit Reporting Act requires credit reporting agencies to conduct a reasonable investigation. Here, the consumer disputed the fraudulent TD Bank credit card debt directly with the major credit bureaus in April 2025.
The lawsuit alleges that while one credit bureau accepted the dispute and removed the inaccurate information, Equifax and Experian denied the disputes and continue to report the unauthorized debt—including the account closure and charge-off—on our client’s credit report.
What the Law Requires
Under the FCRA, both furnishers of information (like TD Bank) and consumer reporting agencies (like Equifax and Experian) have legal obligations when a consumer disputes inaccurate information. Furnishers must conduct a reasonable investigation, review all relevant information, and promptly modify or delete any information that cannot be verified as accurate.
Credit reporting agencies must follow reasonable procedures to ensure maximum possible accuracy and conduct reasonable reinvestigations when consumers dispute information.
The lawsuit alleges that all three defendants failed to meet these obligations.
How Schlanger Law Group Is Helping
The complaint, filed by Schlanger Law Group, alleges violations of the federal Fair Credit Reporting Act and the Maine Fair Credit Reporting Act. The lawsuit seeks actual damages, (including for damage to the consumer’s credit score and creditworthiness, credit denials, increased interest rates, emotional distress, anxiety, and sleeplessness), statutory damages, treble damages, punitive damages for willful misconduct, attorney’s fees, and costs. Schlanger Law Group, LLP partner Evan S. Rothfarb is lead counsel for Plaintiff in this matter.
Don’t Let Inaccurate Credit Reporting Go Unchallenged
Stories like this are unfortunately all too common. When consumers are victimized by theft or fraud, they shouldn’t have to fight their own banks and credit bureaus to clear their names. The team at Schlanger Law Group is committed to holding financial institutions and credit reporting agencies accountable when they fail to follow the law.
If you have been the victim of identity theft or are dealing with inaccurate credit reporting that a bank or credit bureau refuses to correct, Schlanger Law Group would be happy to speak with you. Contact us today for a free case consultation.
