Consumer complaint received 2024-01-09
Product: Vehicle loan or lease — Loan
Issue: Getting a loan or lease — Credit denial
Company: BMW Financial Services NA, LLC (MO)

Please be advised that on XX/XX/XXXX, I extended to BMW Financial Services in good faith a consumer credit application in the form of XXXX paper that was received on the record with BMW of North America Bank XXXX BMW Financial. In review of your BMW Group Prospectus dated XX/XX/XXXX my application was received as a book-entry account documented as a BMW Financial Certificate Receivable as defined in your XXXX BMW Group Prospectus filed with the Securities Exchange Commission ( Commission ) . Be advised that it is a federal crime of identity theft 18 USC 102A to use my personal identifying information without my knowledge and consent and to use my information for securitization purposes by BMW Financial as an Holder and Investor to register with the Commission. 

BMW Financial without my knowledge or consent received my application online without any disclosures that my application would be assigned to BMW Securities and received on the record as a Certificate and Receivable and being used as a part of a pool book-entry asset backed securities on behalf of BMW Financial to present to Investors in order to raise capital on behalf of the BMW Group using XXXX XXXX as the underwriter. This means that XXXX XXXX XXXX  and BMW Financial have denied me my extension of my credit never disclosing to me that I was entering into a securitization process with multiple affiliates in violation of my privacy rights in accordance with the Privacy Act of 1974. I have attached a copy of the Receivables Purchase Agreement which outlines the application process and how the applications are securitized for the purpose of filing a CFPB complaint in order to have this transaction investigated. 

Further, this is a violation of my consumer rights in accordance with the Federal Trade Commission and FINRA, as well as Dodd-Frank Act which states it is a violation for any Agency to use consumer personal private data in violation of the Privacy Act of 1974 as a part of a federal securitization financial transaction with the Securities and Exchange Commission without the knowledge and consent of the consumer. For BMW Financial to deny me my extension of credit in this transition constitutes a breach of Custodian and Fiduciary responsibility under the Indenture Trustee Act of 1939, as well as, securities fraud under the Securities and Exchange Act of 1933. 

BMW Bank of North America XXXX BMW Financial acting as custodian and fiduciary under the Patriot Act, Title 12 -Banking received my application through BMW Financial as a Receivable and sold it to BMW FS Securities without my knowledge and consent. I am prepared to file in the proper legal venue all documents necessary to show how BMW Bank North America and BMW Financial have failed in me in a consumer transaction as an Investor according to their BMW Prospectus dated XX/XX/XXXX. BMW Financial has filed a Prospectus with the Securities and Exchange Commission dated XX/XX/XXXX and filed on the record with the Securities and Exchange Commission which details how my credit application was securitized through BMW Securities and BMW Bank North America and BMW Financial is choosing to deny me an extension of credit that I am rightfully entitled as an Investor and Holder of Receivables with BMW FS Securities. 


My proof of this record is the BMW Prospectus, the BMW RECEIVABLES PURCHASE AGREEMENT, The BMW XXXX XXXX XXXX UNDERWRITING AGREEMENT, between BMW Financial and BMW Securities dated XX/XX/XXXX, attached for reference to show that BMW Financial is well aware of its obligation to investors and consumers as it states in its Prospectus : Consumer Financial Protection Bureau ( CFPB ), which was created by the Dodd-Frank Act, is responsible for implementing and enforcing various federal consumer protection laws. The CFPB also supervises certain depository institutions and non-depository institutions offering financial products and services to consumers, including automobile loans and leases. BMW FS and BMW Bank are subject to regulation by the CFPB and BMW FS is also subject to the CFPBs investigation and enforcement authority. The CFPB has issued public guidance regarding compliance with the fair lending requirements of the Equal Credit Opportunity Act, and its implementing regulation, for automobile lenders that permit automobile dealers to charge the consumer an interest rate that is higher than the rate the lender provides the dealer for a consumer. This increased rate is typically called a dealer markup. The CFPB has been conducting fair lending examinations and investigations of automobile lenders and their dealer markup and compensation policies. In addition, we understand that the CFPB has also conducted investigations concerning certain other automobile lending practices, including the sale of extended warranties, credit insurance and other add-on products. If any of these practices were found to violate applicable laws, BMW FS or BMW Bank could be obligated to repurchase from the Issuing Entity any related Receivable that fails to comply with law, if the violation has a material and adverse effect on the interests of the Issuing Entity or the Noteholders in the related Receivable and such violation is not timely cured. In addition, BMW FS, BMW Bank, the Depositor or the Issuing Entity could also possibly be subject to claims by the obligors on those contracts, and any relief granted by a court could potentially adversely affect the Issuing Entity. 

It is a violation of Rule 200 under the Securities Exchange Act 17 CFR 200 to deny me an extension of credit as an investor in BMW FS Securities pursuant to your Prospectus, the BMW Financial and BMW Securities Purchase Agreement and your Annual XXXX filing. Moreover, under Rule XXXX, filed under the Securities and Exchange Act 17 CFR 201.31, BMW Financial agrees to be ethically bound to not commit language fraud even in the application solicitations as stated in your Form XXXX by providing proper disclosures to all investors. BMW Financial further agrees that pursuant to the Securities Exchange Act of 1933, to be ethically bound to the language and performance of all of BMW Financial public offerings, filings and commitments made to investors. Further, per your XXXX annual filing, your retail installment credit application and consumer products are at the top of your highest grossing tier of revenue for BMW Financial which means that any investment that includes my application and promissory note is a part of your highest grossing revenue. This would mean that a credit application which is deposited as chattel paper is an extremely valuable asset for BMW Financial Securities.

As an investor a part of multi-denomination global securities as defined in under the RECEIVABLES PURCHASE AGREEMENT between BMW BANK OF NORTH AMERICA, as Seller, and BMW FS SECURITIES LLC, as Depositor Dated as of XX/XX/XXXX under SECTION 2.01 Conveyance of Receivables ( a ) In consideration of the Depositors delivery to or upon the order of the Seller on the Closing Date of {>= $1,000,000} and a Certificate representing a Certificate Percentage Interest equal to XXXX XXXX representing a total purchase price of {>= $1,000,000} ( collectively, the Purchase Price ), the Seller does hereby sell, transfer, assign, set over and otherwise convey to the Depositor, without recourse ( subject to the obligations of the Seller herein ) all right, title, and interest of the Seller in and to the following assets and property whether now owned or existing or hereafter acquired or arising : ( i ) the Receivables and all moneys received thereon after the close of business on XX/XX/XXXX ; ( ii ) the security interests in the Financed Vehicles and any accessions thereto granted by Obligors pursuant to the Receivables and any other interest of the Seller in such Financed Vehicles ; ( iii ) any Liquidation Proceeds and Recoveries and any other proceeds with respect to the Receivables from claims on any theft, physical damage, credit life or disability insurance policies covering Financed Vehicles or Obligors, including any vendors single interest or other collateral protection insurance policy ; ( iv ) any property that shall have secured a Receivable and that shall have been acquired by or on behalf of the Seller ; ( v ) all documents and other items contained in the Receivable Files ; ( vi ) all proceeds from any Receivable repurchased by a Dealer pursuant to a Dealer Agreement; and ( XXXX ) the proceeds of any and all of the foregoing ( collectively, with the assets listed in clauses ( XXXX ) through ( vi ) above, the Conveyed Assets ). 
( b ) For all non-tax purposes, the Seller and the Depositor intend that the transfer of assets by the qSeller to the Depositor pursuant to this Agreement be a sale of the ownership interest in such assets to the Depositor, rather than the mere granting of a security interest to secure a borrowing. In the event, however, that such transfer is deemed not to be a sale but to be a grant of a mere security interest to secure a borrowing, the Seller shall be deemed to have hereby granted, and does hereby grant, to the Depositor a first priority security interest in all right, title and interest of the Seller in and to the Conveyed Assets, whether now owned or existing or hereafter acquired or arising, and all accounts, money, XXXX XXXX, securities, instruments, documents, deposit accounts, certificates of deposit, letters of credit, advices of credit, bankers acceptances, uncertificated securities, general intangibles, contract rights, goods and other property consisting of, arising from or relating to such Conveyed Assets, which security interest shall be perfected, to secure a debt in the amount equal to the Purchase Price ( less payments of principal previously received in respect of the Receivables ) plus interest at a rate equal to the weighted average of the interest rates payable on the Receivables. Pursuant to the Sale and Servicing Agreement and Section 6.04 hereof, the Depositor may sell, transfer and assign to the Issuer ( i ) all or any portion of the assets assigned to the Depositor hereunder, ( ii ) all or any portion of the Depositors rights against the Seller under this Agreement and ( iii ) all proceeds thereof. Such assignment may be made by the Depositor with or without an assignment by the Depositor of its rights under this Agreement, and without further notice to or acknowledgement from the Seller. The Seller waives, to the extent permitted under applicable law, all claims, causes of action and remedies, whether legal or equitable ( including any right of setoff ), against the Depositor or any assignee of the Depositor relating to such action by the Depositor in connection with the transactions contemplated by the Sale and Servicing Agreement. Because ( i ) the Depositor intends to convey all of its right, title and interest in and to the Receivables to the Issuer pursuant to the Sale and Servicing Agreement, ( ii ) the Issuer intends to pledge all of its right, title and interest in and to the Receivables to the Indenture Trustee pursuant to the Indenture, ( iii ) the Seller intends that the transfer of Receivables pursuant to this Agreement be a sale of the ownership interest in such Receivables to the Depositor, and ( iv ) the parties intend that the Indenture Trustee have a direct security interest in the Receivables, if the transfer of the Receivables pursuant to this Agreement is deemed to be a grant of a security interest to secure a borrowing, the foregoing grant by the Seller of a security interest in the Receivables to secure a debt in the amount of the debt described above shall be deemed to be, and the Seller hereby grants, a direct security interest in the Receivables to the Indenture Trustee for the benefit of the Noteholders to secure the debt described above.

SECTION 2.02 The Closing. The sale and purchase of the Receivables shall take place at a closing at the offices of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX New York XXXX  on the Closing Date, simultaneously with the closing under ( a ) the Sale and Servicing Agreement, ( b ) the Indenture, ( c ) the BMW FS Receivables Purchase Agreement and ( d ) the Trust Agreement In Addition, The Indenture states that BMW Vehicle Owner Trust provides a monetary relationship under Section 13.10 Derivative Counterparty, Supplemental Credit Enhancement Provider and Supplemental Liquidity Provider as Third-Party Beneficiary which means BMW Financial is choosing to use the Underwriters as third-party data furnishers as a means of denying me my consumer credit as in Investor which constitutes securities fraud.

As you can see, I have been violated as a consumer. If I am continued to be denied the open end retail installment credit contract from BMW Financial as an Investor and Person Deemed Owner and Holder of BMW Certificates described in as defined in the INDENTURE between BMW VEHICLE OWNER TRUST XXXX, as Issuer, and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Indenture Trustee Dated as of XX/XX/XXXX, is fraud. BMW Financial filed their Prospectus on XX/XX/XXXX, filed pursuant to Rule XXXX, with knowledge that BMW Financial Securities has securitized credit applications through its depositor, BMW Financial, as well as, my current application and a previous application I submitted though BMW Credit Card Services, would constitute securities fraud against me and securities fraud against your investors to deny credit extensions when the applications are being securitized and sold as a part of investment packages is a violation is consumer fraud. 

This could obligate me to file a complaint as a whistleblower under IRS Form 3949-A for tax fraud, and for securities fraud with FINRA, the Commission and the FTC for securities fraud against the BMW Vehicle Owner Trust and for breach of Fiduciary Duty against the BMW Indenture for violations of the Indenture Trustee Act of 1939, against the latest Prospectus dated XX/XX/XXXX and XXXX filed on the record which could potentially put BMW Financial in a dishonorable status with FINRA, IRS, The Department of Justice and the Securities Exchange Commission.