Consumer complaint received 2024-02-02
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
NOTICE OF RESCISSION/ DEMAND FOR COMPENSATION AND PERFORMANCE FORGED SECURITIES, SECURITIES FRAUD, CONSPIRACY, WIRE FRAUD Correspondence sent via Email and Registered Mail 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 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  USAA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX USAA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX USAA 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 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 XXXX XXXX XXXX XXXX USAA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX USAA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX & USAA and All others, XXXX, XXXX, XXXX XXXX Original Creditor and Natural Living Woman , hereby rescind my consent to be liable or compelled to perform regarding the contract agreement ( Asset-Backed Securities ) [ 1 ] that was entered with XXXX XXXXXXXX XXXX XXXXXXXX XXXX on XX/XX/XXXX. I allegedly entered into a contract agreement with XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX USAA XXXX and its affiliate ( s ) /partner ( s ) without the following : Full disclosure of my right to rescind [ 1 ] Transparency regarding the process of the consumer credit application being a financial asset ( 12 CFR 360.6 ( 2 ) ) ; [ 2 ] As well as self-liquidating paper ( 17 CFR 260.11b ( 6 ) ) [ 3 ]. 

I have reason to believe that XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX USAA XXXX and its affiliate ( s ) /partner ( s ) knowingly, willingly, intentionally, and with malice took advantage of my consumer credit by unjust enrichment.

I. Full disclosure of my right to rescind2 II. Transparency regarding the process of the consumer credit application being a financial asset ( 12 CFR 360.6 ( 2 ) ) ; 3 III. As well as self-liquidating paper ( 17 CFR 260.11b ( 6 ) ) 4. 

I have reason to believe that XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX USAA XXXX and its affiliate ( s ) /partner ( s ) knowingly, willingly, intentionally and with malice took advantage of my consumer credit by unjust enrichment. 

After thoroughly reviewing all documents in my possession and having a certified a forensic audit conducted, I have found several abusive, oppressive, deceptive, misleading, defamatory, and unconscionable violations. XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and its affiliate ( s ) /partner ( s ), in conjunction with USAA, my commercial financial institution, has lied, cheated, and stolen from me. 

It appears that XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX USAA and its affiliate ( s ) /partner ( s ) are engaging in FRAUD5 by way of forgery,6 identity theft, money laundering, tax evasion, fraudulent conversion, fraudulent concealment, computer fraud, terrorism, human trafficking, extortion, fraud in the execution, conspiracy with the intent to defraud, Securities fraud7 Racketeering, amongst other white-collar crimes. 

I did NOT, or do NOT ratify, any unauthorized acts by XXXX XXXX XXXX XXXX XXXX. broker/transfer agents, nor have I accepted any benefit from its unauthorized acts. 

Moreover, I choose not to do business with you and your partner ( s ) /affiliate ( s ) any longer and CALL ALL AMOUNTS DUE IMMEDIATELY!! YOU are to cease further communication with me regarding the collection of such alleged debt regarding forged security. 

XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX USAA and its affiliate ( s ) /partner ( s ) intentionally, knowingly, willfully conspired in concert dismissing and violating federal laws of the Emergency Banking Act ( EBA ), The Securities Exchange Act ( SEA ) of 1933 and 1934, the Foreign Corrupt Practices Act ( FCPA ) ; The Bank Secrecy Act ( BSA ), The Indenture Trustee Act ( TIA ), the Consumer Financial Protection Act ( CFPA ), the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Fair Debt Collection Practices Act ( FDCPA ), the Federal Trade Commission ( FTC ) Act ; the Equal Credit Opportunity Act ( ECOA ) ; the Fair Credit Reporting Act ( FCRA ), as amended by the Fair and Accurate Credit Transactions Act ; the Identity Theft Red Flags and Address Discrepancies Under the Fair and Accurate Credit Transactions Act of 2003 ; the Truth-in-Lending Act ( TILA ) ; the Federal Reserve Boards Regulations B and Z ( FRA ) ; the Gramm-Leach-Bliley Act ( GLBA ) ; the Fair Credit Extension Uniformity Act ( FCEUA ), the Racketeering influenced and corrupt Organizations Act 18 section 1962 ( hereinafter referred to as RICO ) ; the Magnuson-Moss Warranty Act ( MMWWA ), the Uniform Commercial Code ( UCC ), state adaptations of the Uniform Consumer Credit Code ( UCCC ), state motor vehicle retail installment sale and loan Acts, state servicing laws ; state insurance laws, and other state and federal violations. 

Now know that XXXX, XXXX, XXXX, have revoked, rescinded, annulled, and made void, and by these presents revoke, countermand, annul, and make void the said letter of agency/attorney and all power and authority given or intended to be given to the said XXXX XXXX XXXX XXXX XXXX USAA and it affiliate partners XXXX 

Therefore, I also revoke, cancel, and make void ab initio all powers of attorney and substitution, in fact, in presumption, or otherwise, signed by either me or anyone else, claiming to act on my behalf, with or without my consent, as such power of attorney, and substitution pertains to me or any property owned by me, by, but not limited to, any and all quasi/colorable, public, governmental entities or corporations on the grounds of constructive fraud, concealment, and nondisclosure of pertinent facts. 

Who are you, and under what authority did you, or do you continue to contact me? The fraudulent agreement under which you presume some power is only implied by a simple contract. Again, any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. 

Under your debt scheme, whereas on XX/XX/XXXX, XXXXXXXX XXXX XXXXXXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX Does 5-100 Inclusive and USAA engaged in a a scheme whereby they issued Auto Loans to consumers and then sought to collect the amounts allegedly due to them that were not legally nor lawfully due/owed to them. 

At all times relevant hereto, XXXXXXXX XXXX XXXX XXXX primary revenues came from interest income on loan receivables, securitization income derived from the transfer of auto loan receivables, securitization trusts, and subsequent issuance of beneficial interests through securitization transactions ( hereinafter referred to as " the securitization '' ) scheme. 

In order to earn securitization income from the Auto Loan securitization, XXXX of XXXX sold its Auto Loan receivables to the XXXX XXXX XXXX XXXXt 2023-B.

The Auto Loan securitization process is set forth in the amended and restated Pooling and Servicing Agreement ( PSA ) between XXXXXXXX XXXX XXXXXXXX, as seller, and the XXXX XXXX XXXX XXXX XXXX trustee. A copy of the relevant portions of the PSA is attached hereto, incorporated herein, and marked as EXHIBIT " A. '' Please note that I did not grant special authority or express agreement to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX USAA XXXX and its affiliate ( s ) /partner ( s ) to hypothecate my consumer goods/property ( merchandise title ) and intellectual property to collateralize investments on any future or forward markets or the right to sell on commercial paper.8 In addition, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Business Manager, General Manager , and Sales Manager stated that an illegal and unlawful down payment of {$2800.00} was required to drive off the car lot. However, the information provided was false and deceptive, violating 17 CFR 240.14c-6 : False or misleading representations.9 Moreover, you are under obligation to pay for goods and/or services ( securities/assets ) that you have fraudulently acquired on an open account from XXXX, XXXX, the XXXX XXXX XXXX  consumer credit, the producer of the economic value for the transaction, and the supplier of the goods for exchange/trade. 
You have undeniably committed fraud through misrepresentation and forgery of a registered security in your debt scheme under USAA secured financing after purchasing my asset under the credit transaction and restating your accounts payable liability arising out of the loan contract, having purchased my security as a fictional customer deposit, which is your current liability owed to XXXX, XXXX, the XXXX XXXX XXXX in your balance sheet. The Securities Exchange Act of 1934 and Sections 11, 12, and 15 of The Securities Act of 1933 provide liabilities under the federal securities laws. EXHIBIT " B. 

XXXX XXXX XXXX XXXX  primary revenues came from interest income on loan receivables, securitization income derived from the transfer of auto loan receivables, securitization trusts, and subsequent issuance of beneficial interests through securitization transactions ( hereinafter referred to as " the securitization '' ). 

Section 10 ( b ) of the Securities Exchange Act prohibits the use of any manipulative or deceptive device or contrivance in contravention of rules prescribed by the SEC in connection with the purchase or sale of any security or security-based swap agreement.

Furthermore, the antifraud rule, Rule 10b5 ; Rule 10b5 prohibits use of any means of interstate commerce to ( a ) employ any device, scheme, or artifice to defraud, ( b ) make material misstatements or omissions, or ( c ) engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security. 

Please take note that Rule 10b5 can be enforced by the SEC in injunctive and civil penalty actions, brought pursuant to 21 ( d ) of the Exchange Act, and by the Justice Department in actions pursuant to 32 ( a ) of the Exchange Act, which imposes criminal liability for willful violations of the Exchange Act.

Section 11 ( a ) makes specified persons liable for any untrue statement of material fact in a registration statement or any omission of any material fact required to be stated in a registration statement or necessary to make statements therein not misleading to any person acquiring the relevant security unless the acquirer knew of such untruth or omission at the time of the acquisition. 
1. Persons Liable If a registration statement is false or misleading, 11 ( a ) makes liable : a. the issuer; b. the directors of the issuer ; c. persons named, by their consent, in the registration statement as about to become directors of the issuer ; d. every person who signs the registration statement ; e. every expert ( e.g., accountant, engineer, appraiser, etc. ) who is named by consent as having certified or prepared any part of the registration statement ; and f. every underwriter of the relevant security. 

Due to the Unethical Deceptive Practices Acts of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX USAA XXXX I demand to be immediately compensated and demand you to perform upon my underlying obligation, which you unlawfully hold in custody or bailment. You are to immediately refund me the value of my securities and the percentage of proceeds realized from monopolizing my species of goods in restraint of trade due to Securities Fraud committed by the parties as evidenced by Certified Forensic Audit. Transfer the securities to my Treasury Direct Account ( TDA ) XXXX XXXX 

I retain exclusive rights and jurisdiction as the source of the authority, having manufactured the value as I am the holder in due course of the instrument ( s ). Refer to Uniform Commercial Code 3-302. HOLDER IN DUE COURSE and 16 CFR Part 433.2- Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

UCC 9-311. PERFECTION OF SECURITY INTERESTS IN PROPERTY SUBJECT TO CERTAIN STATUTES, REGULATIONS, AND TREATIES. 
( a ) [ Security interest subject to other law. ] Except as otherwise provided in subsection ( d ), the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to : ( 1 ) a statute, regulation, or treaty of the United States whose requirements for a security interest 's obtaining priority over the rights of a lien creditor with respect to the property preempt Section 9-310 ( a ) ; ( 2 ) [ list any statute covering automobiles, trailers, mobile homes, boats, farm tractors, or the like, which provides for a security interest to be indicated on a certificate of title as a condition or result of perfection, and any non-Uniform Commercial Code central filing statute ] ; or ( 3 ) a statute of another jurisdiction which provides for a security interest to be indicated on a certificate of title as a condition or result of the security interest 's obtaining priority over the rights of a lien creditor with respect to the property. 

I require you to render a receipt for payment of my canceled and paid-in-full payment instrument acknowledging account settlement and payment adjustment as you, the true Debtor ( s ) are delinquent in payments, taxes, insurance, customs, and duties due to me. 

Furthermore, I demand that XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX USAA XXXX and its affiliate partners return to me every dollar of my labor placed upon your books and all payday loans plus interest I have ever paid to you for the duration of the fraudulent agreement.

In addition, I demand that USAA remove the bogus lien placed against my consumer goods immediately and convey the title to my consumer goods back to XXXX, XXXX, XXXX : XXXX XXXX XXXX 

Moreover, I demand that XXXX XXXXXXXX XXXX XXXXXXXX XXXX  and USAA release my CUSIP NUMBER IMMEDIATELY. Albeit the CUSIP number was obtained in a Certified Forensic Audit, I am considering filing a claim for my STOLEN UNITED STATES REGISTERED SECURITIES with the Department of the Treasury Bureau of the Fiscal Service as there is a Treasury Direct Account for XXXX, XXXXXXXX XXXX XXXX XXXX 

Due to the securities fraud committed on behalf of the actors and actresses and the defects associated with security interest of the XXXX XXXX XXXX # XXXX, which is currently under investigation by the National Highway Transportation Safety Administration ( NHTSA ) Office of Defects Investigation due to a severe automobile accident that occurred on XXXX XXXXXX/XX/XXXX, that resulted in severe injuries to the consumer for the Negligent and Intentional Infliction of Physical Emotional and Financial Distress, I demand compensatory and punitive damages against XXXX XXXX XXXX XXXX XXXX XXXX  XXXX USAA XXXX and its affiliate ( s ) /partner ( s ) jointly and severally, in an amount in excess of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX EXHIBIT " C. '' Pursuant to the MagnusonMoss Warranty Act, any warrantor warranting a consumer product to a consumer by means of a written warranty must disclose, fully and conspicuously, in simple and readily understood language, the terms and conditions of the warranty to the extent required by rules of the Federal Trade Commission. The FTC has enacted regulations governing the disclosure of written consumer product warranty terms and conditions on consumer products that actually cost the consumer more than {$15.00}. The Rules can be found at 16 C.F.R. Part 701. Under the terms of the Act, ambiguous statements in a warranty are construed against the drafter of the warranty. 

Under a full warranty, in the case of a defect, malfunction, or failure to conform with the written warranty, the warrantor : can remedy the consumer product within a reasonable time and without charge. 
may not impose any limitation on the duration of any implied warranty on the product.

may not exclude or limit consequential damages for a breach of any written or implied warranty on the product unless the exclusion or limitation conspicuously appears on the face of the warranty ; and If the product or a component part contains a defect or malfunction, the consumer must be permitted to elect either a refund or replacement without charge after a reasonable number of repair attempts.

In addition, the warrantor may not impose any duty, other than notification, upon any consumer as a condition of securing the repair of any consumer product that malfunctions, is defective, or does not conform to the written warranty. However, the warrantor may require consumers to return a defective item to its place of purchase for repair. The MagnusonMoss Warranty Act does not invalidate or restrict any right or remedy of any consumer under any other federal law, nor does the act supersede the Federal Trade Commission Act as it pertains to antitrust actions.

Therefore, Pursuant to the MagnusonMoss Warranty Act, I demand a full replacement of the vehicle of my choosing within three business days with a free and clear title along with the value of the vehicle for my valuable consideration of a fraudulent conveyance delivered to the address XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
CXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX USAA XXXX and its affiliate ( s ) /partner ( s ) can provide the requested information and document at the location listed below due to your deceptive acts in committing Identity Theft, forgery, wire fraud, concealment, conspiracy, and securities fraud. You are NOT the CREDITOR, as the Rescission Notice effectuates satisfaction of my security interest and cancellation of the security agreement. 
I make a demand upon USAA to IMMEDIATELY cease furnishing inaccurate account information to all credit bureaus regarding the consumer named herein and permanently remove the bogus account item from the credit file as you are NOT the creditor, rather the Debtor since having committed identity theft, concealment, fraud, conspiracy, securities fraud, wire fraud amongst other federal crimes, therefore, causing, the consumer, a commercial disparagement. 

You are prohibited from using, selling, transferring, or assigning the consumer 's non- public personal information, including my social security account number, to any parties and permanently deleting any record/information of the consumer named herein from your database and/or repositories. 

Pursuant to the mandatory Prospectus filed with XXXX, the following documents incorporated by reference and the Part of Form 10-K ( e.g., Part I, Part II, etc. ) into which the document is incorporated : ( 1 ) Any annual report to security holders ; ( 2 ) Any proxy or information statement ; and ( 3 ) Any prospectus filed pursuant to Rule 424 ( b ) or ( c ) under the Securities Act of 1933. SEC Form 424B2 is the prospectus form that a company must file if it is making a primary offering of securities on a delayed basis. It is an important part of the initial public offering ( IPO ) process. Rule 424 ( b ) or ( c ) are required to file SEC Form 424B2 because of Rule 424 ( b ) ( 2 ) of the Securities Act of 1933. This act was created to protect investors by requiring securities issues to file detailed information with the Securities and Exchange Commission ( SEC ) before selling new securities to the public. There are many other disclosures and preparations that companies need to follow in order to carry out an IPO. SEC Form 424B2 is often used in the event of a delayed offering and discloses transaction-specific data such as the public offering price ( POP ). 

Per the Certified Forensic Audit, no Assignment was made as required by the Prospectus. 10 Examiner recommends immediate pro-duction of document and review of all purchase documents and then notarized Agreement endorsements among all relevant parties. 
Please note that the Treasury/Internal Revenue Service Form 56-Notice Concerning Fiduciary Relationship ; Form 8300-Reports of Cash Payments Over {$10000.00}, SF 28- Affidavit of Individual Surety, FOIA for IRS W8 will be filed and presented to the Treasury Department along with Form 3949-A Department of the Treasury-Internal Revenue Service Information Referral, Form op 90 , and Form op 91 for claims against each individual actor and or actors estate due to the identity theft, restraint of trade, and deprivation of rights along with this letter, documents, and complaints to the Department of Justice. 
Lastly, be advised this notice, along with affidavit ( s ), will be given to the Health and Human Services of the city of XXXX as the Regional Office 4 for the state of Georgia for the administration of the consumers and proper administration and enforcement through and by the office of the GENERAL COUNSEL for Legal enforcement as to the social security number XXXX XXXX XXXX ] for the matter of my estate. 
In addition, all rights have been reserved for the delivery of an inability affidavit for tender of payment of any kind FOR THE CONSUMER due to the legal hardship under the BAR, their members, and associations. 

I hereby affix my non-negotiable autograph with explicit reservation of all my unalienable rights and my specific constitutional rights not to be bound by any contract or obligation that I have NOT entered into knowingly, willingly, voluntarily, and without misrepresentation, duress, or coercion. 
Please be advised and note that pursuant to Regulation Z 12 C.F.R. 1026, Right of Rescission, I rescind my consent to be liable or compelled to perform, therefore deducting my liability within this consumer transaction. 
In addition, criminal fraud, forgery, identity theft, and fraudulent property conversions have NO statute of limitations. I will defend against and seek EVERY actor and actress in obtaining remedy for deprivation of my rights, privileges, and/or immunities secured by the FDCPA against ALL liable parties. 
As a courtesy to obtain an expedited resolution to this matter, I will wait 3 business days before filing actions with ALL governmental entities to obtain my remedies. 
Failure to comply with my demands will result in liens and filings in the Court of Chancery, criminal prosecution, and revocation/termination of licenses.

Please keep in mind that I DO NOT HAVE TO SIGN a non-disclosure agreement known as ( NDA ) that would constitute bribery. However, I am willing to make an exception if and ONLY IF ALL of my demands are fully met. 
Furthermore, the down payment reimbursement and ALL funds shall be made VIA check IMMEDIATELY payable to : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Best Regards, COPYRIGHT SIGNATURE RESERVED XXXX XXXX  [ Principal ] -All Natural Rights Reserved All Rights Reserved without Prejudice ( UCC1207/UCC1308 UCC 1103 ) Please address all future correspondence in the matter to XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, as commonly called via email or U.S.P.S Mail. 
All calls may be rXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX USAA Financial Instruments XXXX Final XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXUSAA Fraudulent Financial Statements

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with non-monetary relief