TD Bank fined $28m for mishandling U.S. consumer data, risking access to credit, housing, and employment

Toronto-Dominion Bank (TD Bank) is facing a $28 million penalty from the Consumer Financial Protection Bureau (CFPB) after being found guilty of sharing inaccurate consumer data with reporting agencies, potentially threatening tens of thousands of consumers’ access to credit, housing, and employment. The CFPB’s decision comes after a comprehensive investigation revealing that TD Bank mishandled sensitive consumer information, leading to significant errors in credit reports that could affect consumers’ lives.

Massive Data Errors Lead to Major Penalties

TD Bank, a prominent U.S. subsidiary of the Toronto-Dominion Bank, has been ordered to pay $7.76 million to affected consumers and an additional $20 million in civil penalties to the CFPB’s victim relief fund. The investigation found that TD Bank reported inaccurate and misleading information to consumer reporting agencies, such as Experian, Equifax, and TransUnion, about its customers’ credit card delinquencies and bankruptcies. Some of this misinformation pertained to accounts the bank knew or suspected were fraudulent, yet it continued to share such data, causing undue harm to the credit profiles of thousands.

CFPB Director Rohit Chopra pointed out that TD Bank’s actions demonstrated a disregard for consumer rights and a focus on growth and mergers over legal compliance. Chopra indicated that TD Bank failed to rectify errors in its reporting despite knowing about them for over a year. Chopra further criticized TD Bank for its lack of action, noting that the institution appeared to prioritize expansion through mergers rather than upholding its duty to treat consumers fairly.

Failed Disputes and Systemic Issues in Data Handling

Further details from the CFPB investigation highlight that TD Bank’s lack of proper investigative procedures for handling disputes was a significant factor in the penalty. When customers and consumer reporting companies disputed the inaccurate data, TD Bank often failed to conduct proper investigations. In some cases, it neglected to investigate altogether, violating both the Fair Credit Reporting Act and the Consumer Financial Protection Act. The impact of these failures was substantial, with many customers experiencing unnecessary damage to their credit scores, affecting their ability to secure loans, employment, or housing.

The issue with TD Bank’s data handling extended to fraudulent account activity. The CFPB’s findings revealed that TD Bank had identified hundreds of thousands of deposit accounts it suspected to be fraudulent but continued to report this erroneous data to credit agencies. These accounts were flagged as overdrawn or delinquent, further damaging consumers’ credit records.

A Pattern of Compliance Failures

This is not the first time TD Bank has faced penalties from U.S. regulators. In 2020, the CFPB fined TD Bank $122 million for illegal overdraft practices, reflecting a pattern of compliance failures within the bank. The recurring nature of these violations indicates deep-seated issues within TD Bank’s operational and compliance frameworks. Just last month, TD Bank disclosed it had set aside billions of dollars in anticipation of further fines related to ongoing investigations into anti-money laundering practices.

Expert Opinions: A Wake-Up Call for the Financial Industry

Financial industry experts see this penalty as a broader wake-up call for banks and financial institutions to overhaul their data management practices. The fine against TD Bank is a stark reminder of the importance of accurate data handling. With consumer trust being paramount, banks cannot afford such errors.

Besides, the financial consequences for TD Bank extend beyond just the $28 million fine. The reputational damage for TD Bank is significant. In a sector where trust is vital, errors like these can have long-term implications on consumer relationships.

Looking Ahead: Regulatory Scrutiny Intensifies

The CFPB’s decision against TD Bank is part of a more extensive effort by regulators to crack down on data mismanagement by financial institutions. The ruling underscores the increasing scrutiny financial entities face regarding their data practices and customer handling. As TD Bank and other financial institutions navigate these challenges, it is clear that the industry must reassess its approach to data accuracy and consumer rights.

Conclusion: The Price of Non-Compliance

The $28 million fine against TD Bank represents a significant regulatory action in the financial sector, emphasizing the importance of proper consumer data management. With potential impacts on consumers’ ability to secure credit, housing, and employment, this case underscores the broader need for stringent oversight and ethical handling of consumer data by all financial institutions.