Consumer complaint received 2022-10-17
Company: Bridgecrest Acceptance Corporation
State: TX
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
On XX/XX/XXXX BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC assigned XXXXXXXX XXXX XXXX XXXX XXXX XXXX. located in XXXX, GA, to wrongfully seize my personal property, a XXXX XXXX XXXX XXXX # XXXX at or between XXXX to XXXX. A breach of peace took place on XX/XX/XXXX ( the first attempt to illegally seize property ) at or around XXXX, where the repo agent employed by XXXX XXXX XXXX XXXX XXXX XXXXXXXX. made a public disturbance by aggressively shouting at me, loud enough to wake neighbors, attempting to stop me from driving off in my personal property, and threatening me with arrest. 


BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC violated my rights and privacy as a consumer by disclosing nonpublic personal information with a nonaffiliated third party, XXXX XXXX XXXX XXXX XXXX XXXXXXXX. without my written or oral consent. BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC failed to notify me of my right as a consumer and customer to opt-out if I dont want my information shared with nonaffiliated third parties. This is a clear violation of The Gramm-Leach-Bliley Act.

Under the Rule, a consumer is someone who obtains or has obtained a financial product or service from a financial institution that is to be used primarily for personal, family, or household purposes, or that persons legal representative. 

The Privacy Rule applies to businesses that are significantly engaged in financial activities described in section 4 ( k ) of the Bank Holding Company Act. According to the Bank Holding Company Act provision and regulations established by the Federal Reserve Board, financial activities include : - lending, exchanging, transferring, investing for others, or safeguarding money or securities. These activities cover services offered by lenders, check cashers, wire transfer services, and seller of money order.

- providing financial, investment or economic advisory services. These activities cover services offered by credit counselors, financial planners, tax preparers, accountants, and investment advisors.

- brokering loans - servicing loans - debt collecting - providing real estate settlement services - career counseling ( of individuals seeking employment in the financial services industry ). 

BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC is, in fact, a financial institution, significantly engaged in financial activities including, but not limited to, servicing loans and debt collecting. 

The Privacy Rule protects a consumers nonpublic personal information ( NPI ). NPI is any personally identifiable financial information that a financial institution collects about an individual in connection with providing a financial product or service, unless that information is otherwise publicly available NPI is - any information an individual gives you to get a financial product or service ( name, address, income, Social Security number, or other information on an application ) - any information you get about an individual from a transaction involving your financial product ( s ) or service ( s ) ( for example, the fact that an individual is your consumer or customer, account numbers, payment history, loan or deposit balances, and credit or debit card purchases ) ; or - any information you get about an individual in connection with providing a financial product or service ( for example, information from court records or from a consumer report ).

BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC knowingly failed to give a clear and conspicuous written notice describing their privacy policies and practices. 

BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC in fact, shared my nonpublic information with a nonaffiliated third party which includes, but is not limited to, my full name, current location while traveling out of state, social security number, date of birth, and other information that is not made publicly available. 

BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC never provided an initial notice by the time our customer/consumer relationship was established. 

BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC has failed to give - an opt-out notice explaining my rights to direct you not to share NPI with a nonaffiliated third party - a reasonable way to opt out ; and - a reasonable amount of time to opt out before you disclose my NPI BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC has failed to mention that my account was in default or in an active repossession status during any written or oral communication, on or about XX/XX/XXXX through XX/XX/XXXX. 

BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC took adverse action by closing my account and listing the account as a charge-off in XXXX, XXXX without first, providing adequate notice of this decision and my right to cure. 


BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC failed to provide the two of the three written notices after the date of repossession 1. Under Texas Finance Code 348.407, the lender must mail or deliver you a notice, to your known address within 15 days of discovering there was personal property in the vehicle. The notice must state that ( 1 ) you can claim your property within 31 days after mailing of the notice ; give the location and operating hours of the place where you can claim your property.

2. The tow truck operator must send the registered owner a notice by certified mail, return receipt, within five days of the repossession. Texas Occupations Code 2303.151. This notice has to explain the daily vehicle storage rate, the first day on which storage charges are calculated, the type and amount of any other charges to be paid when the vehicle is claimed ( such as personal property ), and the facilitys operating hours. Texas Occupations Code 2303.153. 

BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC provided a NOTICE OF DISPOSITION AND OUR PLAN TO SELL PROPERTY via email on XXXX XXXX dated XX/XX/XXXX, the notice fails to mention clear and conspicuously what promises I allegedly broke in our agreement. 

As of todays date BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC has failed to respond to my complaint that is currently open and over 30 days, As of todays date BRIDGECREST ACCEPTANCE CORPORATION has my personal property, the XXXX XXXX XXXX, VIN # XXXX stored at XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX. place of business at address XXXX XXXX XXXX XXXX XXXX, GA XXXX. 

BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC intentionally fails to settle this matter in a timely manner or act in good faith. 
BRIDGECREST ACCEPTANCE CORPORATION, and BRIDGECREST CREDIT COMPANY , LLC, should not have invaded my privacy by sharing nonpublic personal information, about me, with a nonaffiliated third party, XXXX XXXX XXXX XXXX XXXX XXXX to illegally seize my personal property the XXXX XXXX XXXX, VIN # XXXX, using the " XXXX XXXX '' method to break in, release the parking brake, and tow my property. 

BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC continues to violate my consumer rights and federal laws that protect my rights. 

Due to the willful negligence, abuse, use of obscene and profane language ( violation of 15 U.S. Code 1692d ( 2 ) ), and intentional noncompliance by BRIDGECREST ACCEPTANCE CORPORATION and BRIDGECREST CREDIT COMPANY , LLC I, XXXX XXXX, have experienced ongoing emotional, physical, and psychological distress including, but not limited to, XXXX XXXX, XXXX, loss of wage due to the inability to travel to and from school, or work, incurred expenses for alternative transportation, negative credit reporting, sleeplessness, loss of appetite, inability to get to and from VA appointments, and physical therapy, loss and strain of personal and family relationships and feelings of hopelessness. 


I certify under penalty of perjury under the laws of the United States of America that all information provided on this form is true and correct. I understand that any falsification or misrepresentation on this form, or any accompanying document, is subject to penalties that may include fines, imprisonment, or both, under the U.S. Criminal Code, including, but not limited to, under 18 U.S.C. 1001, 18 U.S.C. 1621, and 20 U.S.C. 1097

Company response to consumer: Closed with explanation