Consumer complaint received 2021-10-05
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: NY
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Getting a credit card
Sub-issue: Delay in processing application

Complaint:
I XXXX XXXX XXXX, Federally Protected Consumer under TITLE 15 UNITED STATES CODE, Natural Person, Original Creditor am submitting this complaint myself and there is no third party involved. On the morning of XX/XX/2021 @ XXXX called USAA Financial Bank in which they have had an account with me for almost a decade. I spoke to a representative named XXXX EMPLID : XXXX and told him I was the administrator of said account and I need a Visa signature credit card and I got read disclosures for it. XXXX proceeded to tell me he needs my permission to pull a credit report from the three ( 3 ) Credit Bureaus. I told him he does not have permission to get inaccurate information about me and my character from entities who are dead in the eyes of the law. 

As per The Equal Credit Opportunity Act, I am the Credit/Creditor 15 U.S.Code 1691a, I began to read the law as per The Fair Credit Reporting act of 1974, 15 U. S Code 1681 ( a ) ( 3 ). It is my grave responsibility to deny an unfair and deceptive report that will clearly bare illegal, false and inaccurate information. I let him know I will give an accurate report and XXXX proceeded to tell me that is not policy, it has to be from the three ( 3 ) bureaus. I taught him the law and asked was my call not legitimate for this institution who is in business because of me. I asked to be transferred to someone competent in their job who can fulfill my request which is what the bank is obligated to do. I assign the tasks and the bank is the obligor delegated to perform whatever duties to the trust. 

I was then transferred to XXXX from the Executive Resolution Team, EMPL ID : XXXX. This supervisor put me through the same scenario I just got transferred from. He, like XXXX would not hear of Consumer Financial Protection and violated all of my protected rights as the Consumer by discrimination, 15 U.S. Code 1691 ( a ) ( 3 ). By the preponderance of evidence presented to the representative for reasonable procedures to assure compliance 15 U.S. Code 1681m ( c ), nothing was done to rectify their negligence because they do not care for the law or how their negligent inaction severely debilitates everyday life for the PROTECTED CONSUMER. 

As per The Emergency Banking Act of1933, this law was passed on XXXX XXXX which states it allowed the twelve federal reserve banks to issue additional currency on good assets, so the banks that reopened would be able to meet every legitimate call. In Supervisor XXXX own words, these supposed laws have no standing on the institutions policies and will get researched by their research team that will contact me in 3-4 business days. I wanted to know who his superior was and he was extremely unhelpful and only gave me a name which is XXXX the manager. 

When covid-19 happened, I never got a chance to start working. I soon became pregnant and have not worked and decided I will open an open-end consumer credit plan to help with personal, family and household purposes. My children need clothes, food, a roof over their heads and this bank keeps denying me my own credit. This has caused irreparable damage to my life and the lives of my children. Banks can not loan credit because they are not allowed to have credit UPDATE : as of XXXX XXXX, i recieved an email that their reseaerchers were researching the laws and what happened when i called. i have not gotten any other correspondence since then. 



REFERENCES : 15 U.S. Code 1602- Definitions and rules of construction : ( b ) Bureau- The term Bureau means the Bureau of Consumer Financial Protection .

( e ) The term person means a natural person or an organization.

( f ) The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.

( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of propery or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. 

( h ) The term credit sale refers to any sale in which the seller is a creditor. The term includes any contract in the form of a bailment or lease if the bailee or lessee contracts to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the property and services involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the property upon full compliance with his obligations under the contract. 

( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. 

( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time. 

( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. 

( m ) The term accepted credit card means any credit card which the cardholder has requested and received or has signed or has used, or authorized another to use, for the purpose of obtaining money, property, labor, or services on credit.

( n ) The term cardholder means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person.

( o ) The term card issuer means any person who issues a credit card, or the agent of such person with respect to such card.

( q ) The term discount as used in section 1666f of this title means a reduction made from the regular price. The term discount as used in section 1666f of this title shall not mean a surcharge.

15 U.S Code 1681 : Congressional Findings and statement of purpose ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING ( 1 ) The banking system is dependent on fair and accurate credit reporting. Inaccurate credit reports directly impar the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality and a respect for the consumers right to privacy. 

( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a : ( d ) Consumer R
eport.

( 1 ) In general- The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for. 

( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.

( F ) A Consumer Reporting Agency. The term consumer reporting agency means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. Credit Score.

( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report Does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or 15 U.S. Code 1681b : ( a ) In General- subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) Court Order, a subpoena issued in connection with proceedings before a federal grand jury in accordance with section 5318 of title 31 or section 3486 of title 18 ( 2 ) In accordance with written instruction from the consumer to whom it relates.

15 U.S. Code 1681d - Disclosure of investigative consumer reports ( 4 ) Certain adverse information A consumer reporting agency shall not prepare or furnish an investigative consumer report on a consumer that contains information that is adverse to the interest of the consumer and that is obtained through a personal interview with a neighbor, friend, or associate of the consumer or with another person with whom the consumer is acquainted or who has knowledge of such item of information, unless ( A ) the agency has followed reasonable procedures to obtain confirmation of the information, from an additional source that has independent and direct knowledge of the information ; or ( B ) the person interviewed is the best possible source of the information. 



The Consumer Financial Protection Bureau has full authority to regulate according to DODD-FRANK WALL STREET REFORM & CONSUMER PROTECTION ACT of 2010 subtitle B [ 12 U.S. Code 5511 ] 15 U.S. Code 1681s : ADMINISTRATIVE ENFORCEMENT ( b ) ( 1 ) - Enforcement by another agency- Consumer Financial Protection Bureau ( A ) section 8 of the Federal Deposit Insurance Act ( 12 U.S. Code 1818 ) by the appropriate federal banking agency as defined in section 3 ( q ) of the F.D.I.A ( 12 U.S. Code 1813 ( q ) with respect to any national bank or state savings association , and any federal branch or federal agency of a foreign bank.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation