Consumer complaint received 2021-09-15
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: AL
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
Let this be known to all, I, am that I am, the consumer in fact, natural person, original creditor, lender, executor, administrator, holder in due course for any and all derivatives thereof for the surname/given name XXXX, XXXX, and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I will d/b/a XXXX, XXXX and autograph as the agent , attorney in fact, so be it ; Whereas, I of age, of majority, give this herein notice to all, I make solemn oath to the one and only most high of creation only, whoever that may be, and I depose the following facts, so be it, and Fact, the Fair Debt Collection Practices Act noticed there is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors, and it contributes to the number of personal bankruptcies, marital instability, loss of jobs and invasion to individual privacy.

Fact, the Fair Debt Collection Practices Act states that existing laws and procedures for redressing these injuries are inadequate to protect consumers.

Fact, the Fair Debt Collection Practices Act noticed abusive debt collection practices are carried to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.

Fact, the Fair Debt Collection Practices Act is intended to eliminate abusive debt collection practices by debt collectors, to ensure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.

Fact, I am sure the removal of my information from your website, company records, or any and all derivatives therefore, of, and/or with any affiliates will ensure my privacy rights wont be violated again due to my lack of consent and this herein unrebutted Affidavit of Truth being serviced to you today and therefore, standing as truth in commerce, so be it, and ; Fact, affiant is aware and has proof in the attachment labeled Exhibit A, Exhibit B and Exhibit C that USAA Credit Car

d Payments is in violation of 15 USC 1692b ( 2 ) because Congress states any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall not state that such consumer owes any debt. USAA Credit Card Payments states I have a new balance of {$10000.00} and minimum payment due {$220.00}. Fact, affiant is aware and has proof in the attachment labeled Exhibit A that USAA Credit Card Payments is in violation of 15 USC 1692b ( 4 ) because Congress states that any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall not communicate by post card. USAA Credit Card Payments sent this form with their address on it. Fact, affiant is aware and has proof in the attachment labeled Exhibit A and
Exhibit C that USAA Credit Card Payments is in violation of 15 USC 1692b ( 5 ) because Congress states any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall not to use any language or symbol on any envelope or in contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt. USAA Credit Card Payments logo on the form.

Fact, affiant is aware and has proof in the attachment labeled Exhibit A that USAA Credit Card Payments is in violation of 15 USC 1692d ( 1 ) because Congress states that a debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : the use or threat or use of violence or other criminal means to harm the physical person, reputation, or property of person. USAA Credit Card Payments states my account is currently closed, which harmed my reputation by taking away my credit limit that is used to pay for my lifestyle.

Fact, affiant is aware and has proof in the attachment labeled Exhibit A and Exhibit B that USAA Credit Card Payments is in violation of 15 USC 1692d ( 2 ) because Congress states that a debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : the use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. On this form, USAA Credit Card Payments states a late payment warning if the minimum payment isnt received by the payment above, I will have to pay a late fee up to {$35.00} which is an obscene statement towards me.

Fact, affiant is aware and has proof in the attachment labeled Exhibit A and Exhibit C that USAA Credit Card Payments is in violation of 15 USC 1692e ( 2 ) ( a ) because Congress states a debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : the false representation of the character, amount, or legal status of any debt. USAA Credit Card Payments states that I have a new balance of {$10000.00} and minimum payment due {$220.00}. The characters or amount are displayed in a positive amount, which means I am owed money and not have to pay.

Fact, affiant is aware and has proof in the attachment labeled Exhibit A and Exhibit B that USAA Credit Card Payments is in violation of 15 USC 1692f ( 1 ) because Congress states a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : the collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. USAA Credit Card Payments states that I have a new balance of {$10000.00} and minimum payment due {$220.00}.

Fact, affiant is aware and has proof in the attachment labeled Exhibit A and Exhibit C that USAA Credit Card Payments is in violation of 15 USC 1692f ( 8 ) because Congress states a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : not to use any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. USAA Credit Card Payments logo or symbol is on the form.

Fact, affiant is aware and has proof in the attachment labeled Exhibit A, Exhibit B and Exhibit C that USAA Credit Card Payments is in violation of 15 USC 1692j ( a ) because Congress states it is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. USAA Credit Card Payments is attempting to collect debt from me.

Fact, the Truth in Lending Act protects the natural person against inaccurate and unfair credit billing and credit card practices.

Fact, the Truth In Lending Act Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose, to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.

Fact, affiant is aware and has proof in the attachment labeled Exhibit A and Exhibit C that USAA Credit Card Payments is in violation of 15 USC 1602f because Congress states 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. As the original creditor, I granted USAA Credit Card Payments the credit using my social security number. I should not have to pay or owe USAA Credit Card Payments, for the credit I granted to them.

Fact, affiant is aware and has proof in the attachment labeled Exhibit A USAA Credit Card Payments is in violation of 15 USC 1602j because Congress states 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. As the original creditor, I have an open end credit plan, which means I can be granted unlimited access to any credit limit.

Fact, affiant is aware and has proof in the attachment labeled Exhibit A and Exhibit C that USAA Credit Card Payments is in violation of 15 USC 1602p because Congress states the term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. USAA Credit Card Payments states a minimum payment due {$220.00}. and it is an unauthorized use of USAA Credit Card Payments collecting payments from me.

Fact, affiant is aware and has proof in the attachment labeled Exhibit A, and Exhibit B that USAA Credit Card Payments is in violation of 15 USC 1605 because Congress states the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. USAA Credit Card Payments is charging me a monthly fee and it is unlawful to do so, because the finance charge is the sum of all charges.

Fact, affiant is aware and has proof in the attachment labeled Exhibit A, and Exhibit B that USAA Credit Card Payments is in violation of 15 USC 1605a ( 1 ) because Congress states the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : 1. Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.

USAA Credit Card Payments charged me interest on this bill which is unlawful.

Fact, affiant is aware and has proof in the attachment labeled Exhibit C that USAA Credit Card Payments is in violation of 15 USC 1611 because Congress states whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder. USAA Credit Card Payments did not disclose any information regarding the finance charge, which is a criminal liability violation under this act.

Fact, affiant is aware and has proof in the attachment labeled Exhibit C that USAA Credit Card Payments is in violation of 15 USC 1666b ( 1 ) because Congress states the purpose of this section, a billing error consists of any of the following : ( 1 ) a reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement. USAA Credit Card Payments sent me a bill in positive characters of, new balance {$10000.00} and minimum payment due {$220.00}. This is a billing error, because if I am owed, it should always be in negative characters.

Fact, the Fair Credit reporting Act noticed accuracy and fairness of credit reporting.

Fact, the Fair Credit Reporting Act states that the banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair 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.

Fact, the Fair Credit Reporting Act states consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

Fact, the Fair Credit Reporting Act noticed an elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

Fact, the Fair Credit Reporting Act is states 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.

Fact, the Fair Credit Reporting Act states 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.

Fact, I am sure the removal of my information from your website, company records, or any and all derivatives therefore, of, and/or with any affiliates will ensure my privacy rights wont be violated again due to my lack of consent and this herein unrebutted Affidavit of Truth being serviced to you today and therefore, standing as truth in commerce, so be it, and ; Fact, affiant is aware and has proof in the attachment labeled Exhibit A and Exhibit B that USAA is in violation of 15 USC 1681d ( 1 ) because Congress states 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 credit or insurance to be used primarily for personal, family, or household purposes. USAA tarnished my credit worthiness, credit standing, credit capacity and general reputation by closing my checking, savings, and business credit cards without my consent.

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