Consumer complaint received 2024-11-19 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: IL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX XX/XX/XXXX USAA XXXX XXXX XXXX. 
XXXX XXXX, Tx XXXX Subject : Official Request for Refund of Remaining Finance Charge Pursuant to 15 U.S.C. 1666d and Related Consumer Rights To Whom It May Concern, This letter serves as my official request for the refund of the remaining portion of the finance charge due to me, XXXX XXXX, as a consumer, pursuant to 15 U.S.C. 1666d and my 15 U.S.C. 1635 ( 4 ) right of rescission in connection with a consumer credit transaction.

Legal Basis for Refund Request Under 15 U.S.C. 1666d, creditors are required to : 1. Credit the amount of a credit balance to the consumers account, 2. Refund any remaining credit balance upon request, and 3. Perform this action in good faith. 

As part of this request, I assert my rights to the refund of all applicable credit balances associated with this account. 

Additionally, as defined by the Truth in Lending Act ( TILA ), a credit card under 15 U.S.C. 1602 ( k ) includes any card, plate, coupon book, or other credit device used for the purpose of obtaining money, property, labor, or services on credit. In this transaction, my Social Security card was used, and it falls within this statutory definition.

My Rights Under 15 U.S.C. 1666i As a credit card customer, I am further protected under 15 U.S.C. 1666i, which allows cardholders to assert claims and defenses in disputes arising from credit card transactions. This provision reinforces my right to a refund as a credit card customer under federal law. 

Supporting Documentation I have included relevant documentation and attachments to support my request. These include : Evidence of the transaction and credit balance with you financial data base. 
Consumer Credit Transaction loan aggreement with finance charge accurately showing amounts due. 


Request for Action Please consider this letter as my formal request to process a refund of the remaining finance charge or any other credit balance on my account. I trust USAA will act promptly and in good faith to address this matter. 

If further information or clarification ( ONLY ) is needed, please contact me at ( XXXX ) XXXX or XXXXXXXX XXXX XXXX 

Thank you for your attention to this matter. I look forward to a timely response and resolution. 

Sincerely, XXXX XXXX Violations of 15 USC 1666d XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXXXXXX XXXX XXXX XXXX. ( XXXX ) misidentified the basis for the charge but failed to respond to XXXX requests for information about it. XXXX continued to seek payment and reported the debt as delinquent to credit agencies, despite XXXX protest. In doing so, XXXX admittedly violated multi- ple sections of the Fair Credit Billing Act ( FCBA ), 15 U.S.C . 16661666j. 
After unsuccessfully attempting to get a direct response from XXXX, XXXX and his wife filed this action in the District of Oregon, alleging inter alia claims under the FCBA and Oregons Unlawful Debt Collection Practices Act ( UDCPA ), Or. Rev. Stat. 646.639.643. The trial court dismissed the UDCPA claim and limited XXXX total recov- ery under the FCBA to {$1000.00}. 

Money Store Violations of 15 USC 166d The Second Circuit holds that loan assignees are not creditors for purposes of the TILAs credit balance refund provision. XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX ( XXXX XXXX. XXXX ). The plaintiffs in this class-action lawsuit obtained mortgages from creditors who later assigned them to XXXX XXXX XXXX. The plaintiffs alleged that XXXX XXXX XXXX violated Section 165 of the TILA, 15 U.S.C. 1666d, by failing to refund credit balances on their accounts. The trial court dismissed the TILA claim. On appeal, the Second Circuit affirmed, holding that the TILA provision at issue only applies to creditors, which Section 103 ( g ) of the TILA defines in part as 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, 15 U.S.C. 1602 ( g ).

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation