Consumer complaint received 2023-02-05
Company: Carvana Group, LLC
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Report provided to employer without your written authorization

Complaint:
Copied and pasted below is an email that I sent on XX/XX/XXXX to their Legal team as well as their Privacy Policy team with no response This letter is in regards to the inquiry that was reported on my account in regards to a purchase I attempted to make on XX/XX/XXXX for a XXXX XXXX XXXX XXXX XXXX XXXX. Today has been the XXXX day where I have called customer service in regards to having the option to having my credit report pulled and verifying Carvanas participation in the XXXX and XXXX XXXX. 

Before starting the process, I called the toll free number on the date stated above, ( XXXX ) XXXX - XXXX to inquire information in regards to verifying participation in the Truth and Lending Act which references the obligation of creditors to give the option to all consumers to opt out of having their credit report pulled in relation to any consumer credit transaction. 

I spoke with a customer service representative XXXX and XXXX XXXX with little to no resolution except by stating the soft pull that was completed through XXXX as well as mention of a mandatory hard pull to complete purchase. I acknowledged said information, however I stated I know this is optional and not something that is required even if I am wanting to finance via Carvana. I was informed that the soft pull was an action I voluntarily did as part of Carvanas financing process hence the down payment I could see and there was an option to manually opt out on my account. However, after going back into my account this option was not available as said it would be after asking numerous times for clarification as to where this could be found. I stated there wasnt an option manually to do this therefore I verbally stated this via phone nonetheless I was not given an expected solution except that my request would be passed along to higher ups and to anticipate communication the following business day which wouldve been Monday, XX/XX/XXXX. 

Nonetheless on the same day, I contacted the customer service number ( XXXX ) XXXX - XXXX where I spoke with a young lady who I informed her I actually completed the next steps within the process and still there was not an option through the process to opt out of having my credit score pulled. As 15 USC 6802 ( B ) Obligation with respect to disclosures of personal information states In general a financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party.

Based on this USC, I have been violated of my consumer rights because I do not give verbal or written consent and I would like to disclose such information. Being that I am a consumer, I have the right to exercise this law. This same scenario has been replayed everyday that I have called. 

I have called everyday since the initial conversation Saturday, XX/XX/XXXX totaling 4 days including today. Each day is basically the same I am explaining what I am trying to inquire with just simply asking to speak to a finance manager or an underwriter to gain clarity and move forward with next steps to complete my purchase. I have had no resolution or action with each conversation being the same and rushed off the phone to basically advising me to seek legal action which based on XXXX XXXX XXXX is against the law because I can not be denied the right to extend my credit as a consumer attempting to make a consumer credit transaction. 

Lastly today, I was always advised that I cant opt out of having my credit pulled if I wish to finance via Carvana and also, that Carvana does not participate in the Truth and Lending Act which is also a violation of my consumer rights based on 15 USC 6803. And based on 15 USC 1611, this is false information that was given willingly and knowingly to me.

All in all I have been violated three times within 4 days.

I would like to reach a resolution and given clarity to be able to complete my purchase. 
I am given 7 days to respond.

Company response to consumer: Closed with explanation