Consumer complaint received 2023-12-20
Product: Vehicle loan or lease — Loan
Issue: Getting a loan or lease — Loan opened without my consent or knowledge
Company: RANDOLPH-BROOKS FEDERAL CREDIT UNION (TX)

I reached out the Randolph Brooks Federal Credit Union multiple times regarding this issue and received the same response. I even wrote letter to the headquarters directed to the CFO of the company. In my letter it stated that I extended my credit a there was a. misunderstanding of my rights and law governing credit transactions. I the cardholder in due course exercise my right to initiate the consumer credit transactions with the company. 15 USC 1602 a credit card includes any device use to obtain credit in which i granted the corporation.15 USC 1602 " F '' reporting to consumer reporting agency is voluntary the CFPB and I haven't received any benefit from the use of my credit. 
15 USC 1602 " P '' 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. 15 U.S. Code 1681- Congressional findings and statement of purpose. ( 1 ) 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. 
( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

I had security collateral from my application and I demanded they pay me for the value of my personal information on application 16 CFR 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. 
In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 

or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 

11 U.S. Code 548 - Fraudulent transfers and obligations ( a ) ( 1 ) The trustee may avoid any transfer ( including any transfer to or for the benefit of an insider under an employment contract ) of an interest of the debtor in property, or any obligation ( including any obligation to or for the benefit of an insider under an employment contract ) incurred by the debtor, that was made or incurred on or within 2 years before the date of the filing of the petition, if the debtor voluntarily or involuntarily ( A ) made such transfer or incurred such obligation with actual intent to hinder, delay, or defraud any entity to which the debtor was or became, on or after the date that such transfer was made or such obligation was incurred, indebted ; or ( B ) ( i ) received less than a reasonably equivalent value in exchange for such transfer or obligation ; and ( ii ) ( I ) was insolvent on the date that such transfer was made or such obligation was incurred, or became insolvent as a result of such transfer or obligation ; ( II ) was engaged in business or a transaction, or was about to engage in business or a transaction, for which any property remaining with the debtor was an unreasonably small capital ; ( III ) intended to incur, or believed that the debtor would incur, debts that would be beyond the debtors ability to pay as such debts matured ; or ( IV ) made such transfer to or for the benefit of an insider, or incurred such obligation to or for the benefit of an insider, under an employment contract and not in the ordinary course of business.

( 2 ) A transfer of a charitable contribution to a qualified religious or charitable entity or organization shall not be considered to be a transfer covered under paragraph ( 1 ) ( B ) in any case in which ( A ) the amount of that contribution does not exceed 15 percent of the gross annual income of the debtor for the year in which the transfer of the contribution is made ; or ( B ) the contribution made by a debtor exceeded the percentage amount of gross annual income specified in subparagraph ( A ), if the transfer was consistent with the practices of the debtor in making charitable contributions.

( b ) The trustee of a partnership debtor may avoid any transfer of an interest of the debtor in property, or any obligation incurred by the debtor, that was made or incurred on or within 2 years before the date of the filing of the petition, to a general partner in the debtor, if the debtor was insolvent on the date such transfer was made or such obligation was incurred, or became insolvent as a result of such transfer or obligation.

( c ) Except to the extent that a transfer or obligation voidable under this section is voidable under section 544, 545, or 547 of this title, a transferee or obligee of such a transfer or obligation that takes for value and in good faith has a lien on or may retain any interest transferred or may enforce any obligation incurred, as the case may be, to the extent that such transferee or obligee gave value to the debtor in exchange for such transfer or obligation.

( d ) ( 1 ) For the purposes of this section, a transfer is made when such transfer is so perfected that a bona fide purchaser from the debtor against whom applicable law permits such transfer to be perfected can not acquire an interest in the property transferred that is superior to the interest in such property of the transferee, but if such transfer is not so perfected before the commencement of the case, such transfer is made immediately before the date of the filing of the petition.

( 2 ) In this section ( A ) value means property, or satisfaction or securing of a present or antecedent debt of the debtor, but does not include an unperformed promise to furnish support to the debtor or to a relative of the debtor ; ( B ) a commodity broker, forward contract merchant, stockbroker, financial institution, financial participant, or securities clearing agency that receives a margin payment, as defined in section 101, 741, or 761 of this title, or settlement payment, as defined in section 101 or 741 of this title, takes for value to the extent of such payment ; ( C ) a repo participant or financial participant that receives a margin payment, as defined in section 741 or 761 of this title, or settlement payment, as defined in section 741 of this title, in connection with a repurchase agreement, takes for value to the extent of such payment ; ( D ) a swap participant or financial participant that receives a transfer in connection with a swap agreement takes for value to the extent of such transfer ; and ( E ) a master netting agreement participant that receives a transfer in connection with a master netting agreement or any individual contract covered thereby takes for value to the extent of such transfer, except that, with respect to a transfer under any individual contract covered thereby, to the extent that such master netting agreement participant otherwise did not take ( or is otherwise not deemed to have taken ) such transfer for value.

( 3 ) In this section, the term charitable contribution means a charitable contribution, as that term is defined in section 170 ( c ) of the Internal Revenue Code of 1986, if that contribution ( A ) is made by a natural person ; and ( B ) consists of ( i ) a financial instrument ( as that term is defined in section 731 ( c ) ( 2 ) ( C ) of the Internal Revenue Code of 1986 ) ; or ( ii ) cash.

( 4 ) In this section, the term qualified religious or charitable entity or organization means ( A ) an entity described in section 170 ( c ) ( 1 ) of the Internal Revenue Code of 1986 ; or ( B ) an entity or organization described in section 170 ( c ) ( 2 ) of the Internal Revenue Code of 1986.

( e ) ( 1 ) In addition to any transfer that the trustee may otherwise avoid, the trustee may avoid any transfer of an interest of the debtor in property that was made on or within 10 years before the date of the filing of the petition, if ( A ) such transfer was made to a self-settled trust or similar device ; ( B ) such transfer was by the debtor ; ( C ) the debtor is a beneficiary of such trust or similar device ; and ( D ) the debtor made such transfer with actual intent to hinder, delay, or defraud any entity to which the debtor was or became, on or after the date that such transfer was made, indebted.

( 2 ) For the purposes of this subsection, a transfer includes a transfer made in anticipation of any money judgment, settlement, civil penalty, equitable order, or criminal fine incurred by, or which the debtor believed would be incurred by ( A ) any violation of the securities laws ( as defined in section 3 ( a ) ( 47 ) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c ( a ) ( 47 ) ) ), any State securities laws, or any regulation or order issued under Federal securities laws or State securities laws ; or ( B ) fraud, deceit, or manipulation in a fiduciary capacity or in connection with the purchase or sale of any security registered under section 12 or 15 ( d ) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l and 78o ( d ) ) or under section 6 of the Securities Act of 1933 ( 15 U.S.C. 77f ).