Consumer complaint received 2022-12-27
Company: CREDIT ACCEPTANCE CORPORATION
State: MI
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Investigation took more than 30 days

Complaint:
Updated and new information in relation to CFPB Complaint XXXX response letter attached to this complaint. Credit Acceptance stated in response : Your privacy rights were not infringed by Credit Acceptance reporting your account status to the credit bureaus and you can not opt out of credit reporting when you finance a vehicle through Credit Acceptance. My initial complaint stated that Did I give you written instructions to furnish this on my credit report? Furthermore, the FIAR CREDIT REPORTINGACT 15 USC 1681 ( 2 ) ( a ) ( i ) Exclusions from a consumer credit report clearly states : ( 2 ) EXCLUSIONS Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) Subject to section 1681is-3 of this title any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. Delete the late payments from my consumer report this agency is in violation of 15 USC 1681 : I would like resolution on this I would like my late payments reversed in accordance with the law that I stated. 
Also 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information states : Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. 

( b ) Opt out ( 1 ) 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 ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 
( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. 
I have been told in a response to me sent via the CFPB portal that I can not OPT OUT option with Credit Acceptance.

15 U.S. Code 1666b - Timing of payments : States ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge.

The Gramm-Leach-Bliley Act States : Opt-Out Notices General Obligations If you share their NPI with nonaffiliated third parties outside of three exceptions ( see " Exceptions '' ), you must give your consumers and customers an " opt-out notice '' that clearly and conspicuously describes their right to opt out of the information being shared. An opt-out notice must be delivered with a privacy notice, and it can be part of the privacy notice.

The opt-out notice must describe a " reasonable means '' for consumers and customers to opt out. They must receive the notice and have a reasonable opportunity to opt out before you can disclose their NPI to these nonaffiliated third parties. Acceptable " reasonable means '' to opt out include a toll-free telephone number or a detachable form with a check-off box and mailing information. Requiring the consumer or customer to write a letter as the only option is not a " reasonable means '' to opt out. 

Note : While the GLB Act does not require you to provide an opt-out notice if you only disclose NPI to affiliates, if you share certain information with your affiliates, you may have an obligation to provide an opt-out notice under the Fair Credit Reporting Act. That opt-out notice must be included in your GLB privacy notice ( see " Fair Credit Reporting Act '' ).

The response stated that no law was violated under the FCRA, FTC, GLB Act. 

I would ask XXXX XXXX XXXX XXXX Legal Counsel Compliance Department Credit Acceptance to correct my credit report as I asked or Delete account I will be filing a complaint of violation of GLB Act to FTC if you do not comply POTENTIAL GLBA PENALTIES Financial institutions found in violation face fines of {$100000.00} for each violation. Individuals in charge found in violation face fines of {$10000.00} for each violation. Individuals found in violation can be put in prison for up to 5 years. 

I will be filling a complaint to XXXX  if you don't comply with my request I will also seek damages in court of {$1000.00} per violation of FCRA consumer laws that you break.

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