Consumer complaint received 2025-06-26 00:00:00
Product: Debt collection — Auto debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Byrider Franchising, LLC
State: OH

Complaint narrative:
XXXX CLOSED CASE OF KNOWN FRAUD AND SWINDLES AND WILL BE IMPLICATED IN REPORT TO FTC FOR MALFEASANCE, NONFEASANCE, CONTRIBUTORY PERPETRATION IN FEDERAL LAW VIOLTIONS RELATED TO GAAP, IRS, TILA, FCRA, UNFAIR AND DECEPTIVE PRACTICE AND BAD FAITH AND DEALINGS AND OTHER FEDERAL FELONIOUS CRIMES OF CNAC. REBUTTAL TO CNAC RESPONSE AND FORMAL REQUEST FOR CRIMINAL INVESTIGATION AND FORENSIC AUDIT To Whom It May Concern : This statement is submitted in direct response to CNACs reply to the Consumer Financial Protection Bureau ( CFPB ) complaint previously filed against the company. The undersigned formally disputes the legal sufficiency, accuracy, and honesty of CNACs statements and financial accounting, and hereby submits this notice of intent to pursue civil litigation and request for criminal investigation and prosecution based on the following facts and findings : 1. Fabrication and Non-Disclosure of Securitized Account CNAC has fabricated the existence of a consumer debt while simultaneously securitizing the account without lawful disclosure. This constitutes deceptive practices under the Truth in Lending Act ( TILA ), 15 U.S.C. 16011667f, and securities fraud under the Securities Act of 1933. No notice of securitization, assignment, or sale was provided. No accounting transparency has been disclosed in accordance with Generally Accepted Accounting Principles ( GAAP ). These omissions amount to fraudulent concealment, unjust enrichment, and constructive fraud. 2. Debt Cancellation and 1099-C Violations Tax Fraud Despite the account having been charged off and/or canceled, CNAC failed to issue the legally required IRS Form 1099-C, in direct violation of 26 U.S.C. 6050P. A Form 3949-A has been submitted to the Internal Revenue Service reporting CNAC for suspected tax fraud, concealment, and evasion. A 4506-T has been submitted to confirm no 1099-C was ever issued, further establishing intentional omission and tax avoidance. This behavior demonstrates a willful scheme to evade fiduciary and federal tax reporting duties and warrants IRS penalties, enforcement, and asset forfeiture. 3. Fair Credit Reporting Act ( FCRA ) Violations Despite the account being no longer valid or legally collectible, CNAC continues to furnish false, derogatory credit data in violation of FCRA, 15 U.S.C. 1681s-2. This includes : Reporting on a charged-off or canceled debt without disclosure of securitization. Failure to update credit bureaus regarding the debt 's legal status or cancellation. Willful harm to consumer reputation, creditworthiness, and economic liberty. 4. Fair Debt Collection Practices Act ( FDCPA ) Violations CNAC has further violated 15 U.S.C. 1692 et seq., including : Misrepresentation of the legal status of the alleged obligation. Continuing collection efforts on a canceled or non-existent debt. Failure to validate the alleged debt upon formal request. Use of deceptive and misleading means to induce payment. These acts are not merely administrative errors but form part of an intentional scheme to defraud, which carries criminal implications. 5XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) The actions described constitute a pattern of racketeering activity and fulfill both the predicate act and continuity relationship elements required under the XXXX XXXX and Corrupt Organizations Act ( XXXX ), 18 U.S.C. 1962. CNAC has knowingly used : The U.S. Mail and interstate wire communications ( internet, credit bureaus, billing systems ) in furtherance of the fraud, violating : 18 U.S.C. 1341 Mail Fraud 18 U.S.C. 1343 Wire Fraud 18 U.S.C. 1001 False Statements 18 U.S.C. 1962 XXXX Moreover, CNACs own written response claiming that it researched the account and found proper reporting occurred constitutes complicity and misrepresentation. The employee or agent responsible should be investigated and, if appropriate, charged as an accessory to fraud. 6. Demand for Disclosure and Forensic Audit The undersigned demands immediate production of the following : Original wet-ink signed contract ; Full chain of title and assignment history for the account ; Proof of IRS Form 1099-C and PS Form 3811 green card ( certified mailing proof of service ) ; Proof of securitization including CUSIP numbers or other identifiers showing the account was packaged, sold, or pledged ; Any municipal bond, pooled trust, or investment vehicle in which the account was traded ; Non-securitization affirmation under penalty of perjury ; Full forensic accounting of the account pursuant to GAAP, including post-acquisition valuation, and any remittances or write-offs claimed for tax purposes ; Disclosure of any fiduciary or trustee roles CNAC assumed, whether knowingly or constructively. 7. Additional Legal Action and Form 56 Filing A Form 56 Notice Concerning Fiduciary Relationship will be filed against CNAC to formally establish its fiduciary liability to the consumer, under federal trust and tax law. Additionally, CNAC is liable for the fair market value of the stolen vehicle and any surplus equity or insurance proceeds derived from its sale or repossession. Restitution and punitive damages will be sought. 8. Relief and Enforcement Demands Immediate removal of all fraudulent or inaccurate credit reporting ; Production of all securitization, assignment, and financial instrument data ; Criminal referral to IRS CID, FTC, and DOJ ; Civil litigation for damages, injunctive relief, and attorneys fees. This submission is made in good faith and in full reserve of all rights under UCC 1-308 and applicable federal statutes, and shall serve as formal notice of dispute, claim, and future litigation.

Company response to consumer: Closed with explanation