Consumer complaint received 2025-07-06 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Getting a loan or lease — Credit denial
Company: BMW Financial Services NA, LLC
State: WI

Complaint narrative:
I submitted Credit Application # XXXX to BMW Financial Services NA , LLC ( BMW FS ) through XXXX BMW of XXXX on XX/XX/year>, and consented to the use of my personal information and credit report, acting in good faith with the expectation that my application would be evaluated according to fair lending laws, including the Equal Credit Opportunity Act ( ECOA ), 15 U.S.C. 1691 et seq. in accordance with the online terms presented at creditapp.bmwusa.com. BMW FS subsequently accessed my credit file ( as shown by the XX/XX/year>XXXX  XXXX hard inquiry ), and I received a denial notice by email shortly afterward. 

Pursuant to 12 CFR 1002.9 ( a ) ( 2 ) of Regulation B, I submitted a written request for full disclosure of the specific reasons for denial, reconsideration and formally requested a copy of the Retail Installment Sale Contract ( RISC ) used in Wisconsin credit transactions, which I am entitled to under TILA and ECOA disclosure rules. I affirmed my willingness to execute that contract upon review and requested that my application be considered for approval in light of this intent. 

The RISC, once presented and executed, would generate the receivable and formalize the secured credit agreement. Given that BMW Financial Services regularly securitizes consumer receivables through asset-backed securities ( ABS ) I requested transparency regarding whether my anticipated credit agreement would be included in such a transaction, and whether it had already been pledged in anticipation of execution ( e.g., BMW Vehicle Owner Trust XXXX, referenced in their Form XXXX filing dated XX/XX/year>XXXX  ). No information was provided in response. 

BMW FS failed to provide me with a retainable copy of the electronic terms I accepted when submitting my applicationviolating my rights under the XXXX  Act ( 15 U.S.C. 7001 ( c ) ) and TILA ( 15 U.S.C. 1638 ( a ) ). There was no option to download, email, or print the disclosures or agreement terms at the time of submission, despite those terms forming the basis for authorization of a credit inquiry and credit decision. In the alternative, I did my best to document those terms through screenshots, which are attached to this complaint. This failure to provide a retainable copy violates both the letter and spirit of 15 U.S.C. 7001 ( c ), which requires meaningful access to the terms of any electronically executed agreement, especially when such terms authorize the pulling of a credit report and form the basis of an adverse action decision. 

BMW FS also used outside legal counsel, XXXX XXXX XXXX, to respond to my lawful consumer protection inquiries with a letter dismissing my claims as meritless and instructing me to cease further communication. This obstructs my right to receive disclosures under federal law and appears intended to intimidate me from pursuing a lawful request. The use of outside counsel to respond to consumer compliance inquiriesespecially with a letter instructing me to cease further contacthas a coercive effect that chills reasonable consumer attempts to exercise legal rights under ECOA and TILA. This tactic would deter an ordinary consumer from pursuing disclosure, and as such, is both abusive and unfair under the CFPBs UDAAP framework. 
I have made every effort to resolve this issue amicably and in good faith. I respectfully request CFPB assistance in ensuring compliance with applicable law and the fair consideration of my completed credit application. 

I believe these actions constitute violations of the Unfair, Deceptive, and Abusive Acts or Practices ( UDAAP ) standard under 12 U.S.C. 5531 and 5536 of the Dodd-Frank Act and CFPB examination procedures : - Unfair and abusive : using legal counsel to deter good-faith consumer disclosure requests.

- Deceptive : misrepresenting or concealing my rights under ECOA, TILA, and XXXX.

Company response to consumer: Closed with explanation