DeAndre-
Drewshwan:nealey , C/O 2755 eakin road apartment R
eighteenth day of the seventh month, year of our lord two
thousand twenty four
Notice of Unconscionable Contract: carmax
Greetings carmax,
My name is DeAndre-drewshawn:nealey and I come in peace as a private man. I
have recently realized that I have been unknowingly complicit in a fraud. With
this knowledge it is my duty and responsibility to right myself and give the
proper persons lawful notification.
Notification of liability is the first essential element of due process of law. As silence
is acquiescence under the law, silence can only be equated with fraud where there
is a lawful or moral duty to speak, or where an inquiry left unanswered would be
misleading, whether intentionally or not. You, carmax, are now personally liable to
correct the record.
U.S. Secret Service 245 Murray Ln SW - BLDG T-5, Washington, DC
20223 the irs 324 25th St, Ogden, UT 84401,
Alan R. Caramella 2101 Wilson Boulevard, Suite 600, Arlington, Virginia 22201-3078
(postal service board of contract appeals chairman)
Memorandum of Law Points of Authority and Definitions
15 U.S. Code § 1602
(a)The definitions and rules of construction set forth in this section are applicable for the
purposes of this subchapter.
(b)Bureau.—
The term “Bureau” means the Bureau of Consumer Financial Protection.
(c)The term “Board” refers to the Board of Governors of the Federal Reserve System.
(d)The term “organization” means a corporation, government or governmental subdivision or agency,
trust, estate, partnership, cooperative, or association.
(e)The term “person” means a natural person or an organization.
(f)The term “credit” means the right granted by a creditor to a debtor to defer payment of debt or to incur
debt and defer its payment.
(g)The term “creditor” refers only to a person who both (1) regularly extends, whether in connection with
loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more
than four installments or for which the payment of a finance charge is or may be required, and (2) is 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. Notwithstanding
the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and
any person who honors the credit card and offers a discount which is a finance charge are creditors. For
the purpose of the requirements imposed under part D of this subchapter and sections 1637(a)(5),
1637(a)(6), 1637(a)(7), 1637(b)(1), 1637(b)(2), 1637(b)(3), 1637(b)(8), and 1637(b)(10) of this title, the
term “creditor” shall also include card issuers whether or not the amount due is payable by agreement in
more than four installments or the payment of a finance charge is or may be required, and the Bureau
shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though
the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person
who originates 2 or more mortgages referred to in subsection (aa) in any 12-month period or any person
who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor
for purposes of this subchapter. The term “creditor” includes a private educational lender (as that term is
defined in section 1650 of this title) for purposes of this subchapter.
(h)The term “credit sale” refers to any sale in which the seller is a creditor. The term includes any contract
in the form of a bailment or lease if the bailee or lessee contracts to pay as compensation for use a sum
substantially equivalent to or in excess of the aggregate value of the property and services involved and it
is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option
to become, the owner of the property upon full compliance with his obligations under the contract.
(i)The adjective “consumer”, used with reference to a credit transaction, characterizes the transaction as
one in which the party to whom credit is offered or extended is a natural person, and the money, property,
or services which are the subject of the transaction are primarily for personal, family, or household
purposes.
(j)The terms “open end credit plan” and “open end consumer credit plan” mean a plan under which the
creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions,
and which provides for a finance charge which may be computed from time to time on the outstanding
unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open
end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or
open end consumer credit plan even if credit information is verified from time to time.
(k)The term “adequate notice,” as used in section 1643 of this title, means a printed notice to a cardholder
which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to
operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be
given to a cardholder by printing the notice on any credit card, or on each periodic statement of account,
issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the
cardholder.
(l)The term “credit card” means any card, plate, coupon book or other credit device existing for the
purpose of obtaining money, property, labor, or services on credit.
(m)The term “accepted credit card” means any credit card which the cardholder has requested and
received or has signed or has used, or authorized another to use, for the purpose of obtaining money,
property, labor, or services on credit.
(n)The term “cardholder” means any person to whom a credit card is issued or any person who has
agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person.
(o)The term “card issuer” means any person who issues a credit card, or the agent of such person with
respect to such card.
(p)The term “unauthorized use,” as used in section 1643 of this title, means a use of a credit card by a
person other than the cardholder who does not have actual, implied, or apparent authority for such use
and from which the cardholder receives no benefit.
(q)The term “discount” as used in section 1666f of this title means a reduction made from the regular
price. The term “discount” as used in section 1666f of this title shall not mean a surcharge.
(r)The term “surcharge” as used in this section and section 1666f of this title means any means of
increasing the regular price to a cardholder which is not imposed upon customers paying by cash, check,
or similar means.”
UCC § 2-302. Unconscionable contract or Clause.
• If the court as a matter of law finds the contract or any clause of the contract to have
been unconscionable at the time it was made the court may refuse to enforce the
contract, or it may enforce the remainder of the contract without the unconscionable
clause, or it may so limit the application of any unconscionable clause as to avoid any
unconscionable result.
• When it is claimed or appears to the court that the HYPERLINK
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"https://www.law.cornell.edu/ucc/2/2-106#contract_2-106"contractor any clause
thereof may be unconscionable the parties shall be afforded a reasonable
opportunity to present evidence as to its commercial setting, purpose and effect to
aid the court in making the determination.
26 U.S. Code § 7701 (c) Includes and including
The terms “includes” and “including” when used in a definition contained in this title
shall not be deemed to exclude other things otherwise within the meaning of the term
defined.
RCW 82.04.200
"In this state" or "within this state" includes all federal areas lying within the exterior
boundaries of the state.
4 USC 110 (d) The term “State” includes any Territory or possession of the United HYPERLINK
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HYPERLINK "https://www.law.cornell.edu/definitions/uscode.php?
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%3A110"term_occur=999 HYPERLINK "https://www.law.cornell.edu/definitions/uscode.php?
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HYPERLINK "https://www.law.cornell.edu/definitions/uscode.php?
width=840&height=800&iframe=true&def_id=4-USC-80204913-
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%3A110"term_src=title%3A4%3Achapter%3A4%3Asection%3A110" HYPERLINK
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width=840&height=800&iframe=true&def_id=4-USC-80204913-
1462529213&term_occur=999&term_src=title%3A4%3Achapter%3A4%3Asection
%3A110"States.
(e) The term “Federal area” means any lands or premises held or acquired by or for the
use of the United States or any department, establishment, or agency, of the United
States; and any Federal area, or any part thereof, which is located within the exterior
boundaries of any State, shall be deemed to be a Federal area located within such State.
46 CFR § 308.504 - Definition of territories and possessions.
Whenever reference is made to the territories and possessions of the United States in this
subpart or in any supplement thereto or any policy of insurance issued pursuant to the
provisions thereof, said territories and possessions shall be deemed to include only the
Virgin Islands of the United States, the Commonwealth of Puerto Rico, American Samoa,
Commonwealth of the Northern Mariana Islands, Guam, Wake Island, Midway Islands,
Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Navassa Island,
and Wake Island
15 U.S. Code § 1692a - Definitions
• The term “consumer” means any natural person obligated or allegedly obligated to pay
any HYPERLINK "https://www.law.cornell.edu/definitions/uscode.php?
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• The term “creditor” means any person who offers or extends credit creating a
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width=840&height=800&iframe=true&def_id=15-USC-3079315-
644019126&term_occur=999&term_src"debt for another.
• The term “debt” means any obligation or alleged obligation of a consumer to pay
money arising out of a transaction in which the money, property, insurance, or services
which are the subject of the transaction are primarily for personal, family, or household
purposes, whether or not such obligation has been reduced to judgment.
• The term “debt collector” means any person who uses any instrumentality of
interstate commerce or the mails in any business the principal purpose of which is the
collection of any debts, or who regularly collects or attempts to collect, directly or
indirectly, debts owed or due or asserted to be owed or due another.
18 U.S. Code § 8 - Obligation or other security of the United States defined
The term “obligation or other security of the United States” includes all bonds, certificates
of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank
notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates,
fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or
upon authorized officers of the United States, stamps and other representatives of value,
of whatever denomination, issued under any Act of Congress, and canceled United States
stamps.
12 U.S. Code § 411 - Issuance to reserve banks; nature of obligation; redemption
Federal reserve notes, to be issued at the discretion of the Board of Governors of the
Federal Reserve System for the purpose of making advances to Federal reserve banks
through the Federal reserve agents as hereinafter set forth and for no other purpose, are
authorized. The said notes shall be obligations of the United States and shall be receivable
by all national and member banks and Federal reserve banks and for all taxes, customs,
and other public dues. They shall be redeemed in lawful money on demand at the Treasury
Department of the United States, in the city of Washington, District of Columbia, or at any
Federal Reserve bank.
15 U.S. Code § 1692j - Furnishing certain deceptive forms
• It is unlawful to design, compile, and furnish any form knowing that such form would
be used to create the false belief in a consumer that a person other than the creditor of
such consumer is participating in the collection of or in an attempt to collect a debt such
consumer allegedly owes such creditor, when in fact such person is not so participating.
• Any person who violates this section shall be liable to the same extent and in the
same manner as a debt collector is liable under section 1692k of this title for failure to
comply with a provision of this subchapter.
RCW 19.86.020 Unfair competition, practices, declared unlawful.
Unfair methods of competition and unfair or deceptive acts or practices in the conduct of
any trade or commerce are hereby declared unlawful.
RCW 19.86.090 Civil action for damages—Treble damages authorized—Action by governmental
entities.
Any person who is injured in his or her business or property by a violation of RCW
19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060, or any person so injured
because he or she refuses to accede to a proposal for an arrangement which, if
consummated, would be in violation of RCW 19.86.030, 19.86.040, 19.86.050, or
19.86.060, may bring a civil action in superior court to enjoin further violations, to
recover the actual damages sustained by him or her, or both, together with the costs of
the suit, including a reasonable attorney's fee. In addition, the court may, in its discretion,
increase the award of damages up to an amount not to exceed three times the actual
damages sustained: PROVIDED, That such increased damage award for violation of RCW
19.86.020 may not exceed twenty-five thousand dollars: PROVIDED FURTHER, That such
person may bring a civil action in the district court to recover his or her actual damages,
except for damages which exceed the amount specified in RCW 3.66.020, and the costs
of the suit, including reasonable attorney's fees. The district court may, in its discretion,
increase the award of damages to an amount not more than three times the actual
damages sustained, but such increased damage award shall not exceed twenty-five
thousand dollars. For the purpose of this section, "person" includes the counties,
municipalities, and all political subdivisions of this state.
18 U.S. Code § 914 - [False personation of] Creditors of the United States
Whoever falsely personates any true and lawful holder of any share or sum in the public
stocks or debt of the United States, or any person entitled to any annuity, dividend,
pension, wages, or other debt due from the United States, and, under color of such false
personation, transfers or endeavors to transfer such public stock or any part thereof, or
receives or endeavors to receive the money of such true and lawful holder thereof, or the
money of any person really entitled to receive such annuity, dividend, pension, wages, or
other debt, shall be fined under this title or imprisoned not more than five years, or both.
18 U.S. Code § 1341 - Frauds and swindles
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for
obtaining money or property by means of false or fraudulent pretenses, representations,
or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or
furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security,
or other article, or anything represented to be or intimated or held out to be such
counterfeit or spurious article, for the purpose of executing such scheme or artifice or
attempting so to do, places in any post office or authorized depository for mail matter,
any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or
causes to be deposited any matter or thing whatever to be sent or delivered by any
private or commercial interstate carrier, or takes or receives therefrom, any such matter
or thing, or knowingly causes to be delivered by mail or such carrier according to the
direction thereon, or at the place at which it is directed to be delivered by the person to
whom it is addressed, any such matter or thing, shall be fined under this title or
imprisoned not more than 20 years, or both. If the violation occurs in relation to, or
involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid
in connection with, a presidentially declared major disaster or emergency (as those terms
are defined in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person
shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
18 U.S. Code § 371 - Conspiracy to commit offense or to defraud United States
If two or more persons conspire either to commit any offense against the United States, or
to defraud the United States, or any agency thereof in any manner or for any purpose, and
one or more of such persons do any act to effect the object of the conspiracy, each shall
be fined under this title or imprisoned not more than five years, or both.
