Consumer complaint received 2025-02-19 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Damage caused or loss of personal items in vehicle during the actual repossession
Company: Bridgecrest Acceptance Corporation
State: TX

Complaint narrative:
I am filing a formal complaint against XXXX XXXX XXXX ( XXXX ) for the unlawful disposal of my XXXX XXXX XXXX and my personal property while the vehicle was in their possession as part of a repossession process. Their actions violated both Texas and federal laws governing repossession procedures and the handling of personal property. 

On XX/XX/XXXX, XXXX disposed of my personal belongings that were inside the vehicle. Despite requests, XXXX refused to provide any information on how, where, or by what means my personal effects were disposed of. These items included : Personal effects not subject to lien Prescription medication Confidential work product Sensitive dashcam footage Legal Violations Texas Law Violations 1. Failure to Provide Notice Before Disposal of the Vehicle Under Texas Business & Commerce Code 9.611, a secured party must send a debtor reasonable authenticated notification of a disposition before selling or disposing of a repossessed vehicle. I was never notified.

Texas Business & Commerce Code 9.613 requires that the notice must include details about the intended sale or disposal of the vehicle and any rights of redemption.

2. Unlawful Disposal of Personal Property Under Texas Finance Code 348.408, a repossession agent must allow a debtor a reasonable opportunity to reclaim personal belongings before disposal.

Personal property inside a repossessed vehicle is not part of the lien and can not be lawfully discarded without notice.

3. Failure to Maintain a Lawful Redemption Period Texas Occupations Code 2303.155 ( b ) mandates that a vehicle storage facility ( VSF ) must provide written notice before disposing of a repossessed vehicle. If the vehicle was scrapped, sold, or otherwise disposed of without providing this notice, ARB is in violation of Texas law.

Federal Law Violations 4. Violations of the Uniform Commercial Code ( UCC ) 9-611 & 9-610 Federal UCC regulations, which Texas has largely adopted , require repossession agents to act in a commercially reasonable manner and notify the debtor before disposing of a vehicle. ARB failed to follow these procedures.

5. Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692f ( 6 ) Under FDCPA 1692f ( 6 ), repossession companies may not unlawfully take or dispose of property without legal authority.

ARBs disposal of my personal belongings, medication, confidential work product, and sensitive dashcam footage without notice constitutes an unauthorized taking and potential violation of privacy laws.

6. Consumer Financial Protection Bureau ( CFPB ) Regulations The CFPB enforces rules on unfair and deceptive practices in repossessions. Failing to notify a consumer of their right to recover personal belongings and improperly disposing of property constitutes an unfair and deceptive practice under CFPB standards.

Relief Requested I request the following corrective actions : Full documentation of the vehicles repossession, sale, or disposal.

A detailed inventory of all personal property taken with the vehicle and an explanation of how, when, and by what means it was disposed of.

Compensation for wrongful disposal of personal property, including sensitive materials and medication that were not subject to the lien.

Investigation into ARBs repossession practices to ensure compliance with Texas and federal law. 

ARBs actions have caused financial loss, emotional distress, and potential legal exposure due to the disposal of confidential and sensitive materials. I request an immediate investigation and enforcement action against XXXX.

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