Consumer complaint received 2023-10-20
Company: MECHANICS BANK
State: CA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
I believe the Banking Institution from which I have an Auto Loan, is violating Consumer Protection Laws such as the E-sign Act as well as general negligence and fraudulent activity. 

I logged into my account back in XXXX and noticed I was being asked to opt into E-statements. I then realized I had only been receiving e-statements for the life of the loan. They never actually sent me a physical statement in the mail. I called their customer support and told them this. The first agent I spoke to told me that I should have been receiving statements in the mail if I never opted in and put me on hold. She came back and told me that if I wanted to start receiving statements in the mail, I needed to opt into e-statements and then opt back out and they would start sending statements in the mail. I told her that didn't make any sense and that I shouldn't have to opt-in then opt-out to receive a statement in the mail. She said that was the only way they were going to be able to send statements in the mail. I hung up and called back to speak to someone else. 

I told this next person the same thing and again, they said that if I never opted in I should have been getting my statements in the mail and it looks to be an error on their end. I asked to speak to a supervisor. I was forwarded to XXXX XXXX and told him the situation, he agreed that I should have been getting statements in the mail if that was the case. I told him that I wasn't, and I have proof that I wasn't because I opted into USPS Informed Delivery and got an email sent to me every day with an image of all the pieces of mail that were delivered on that day for the past 4 years. He then changed his stance and stated that they did actually have a record of me opting into e-statements. I then asked him to provide me with proof. He emailed me a blank attachment, which I can provide as supported documentation. I told him the attachment didn't have anything and he acted like he didn't know why that was, but they have a record of me signing. I told them if they do have a record then I'm not the one that signed it and want to investigate fraud on my account. He said he would do so and have their team look into the matter. 

I received a letter in the mail on XX/XX/XXXX from their XXXX XXXX department from XXXX XXXX detailing that they were informed of my call with XXXX and they are responding to my demand for proof. I can provide the letter sent to me as supporting documentation. They stated that their records show that I signed up for e-statements on XX/XX/XXXX with an IP address of where I registered and considers this matter closed. I looked up the XXXX address 's location online. It pinged to the building I currently live in now. However, I didn't start living in this building until XX/XX/XXXX. I can provide the first page of my rental agreement as proof. It is impossible that they have a record of me opting in for e-statements on that date in XXXX with the location of the IP address they provided. 

I have reason to believe that this isn't just a technicality with my account. I believe this is systematic and probably how they normally conduct loans with their customers. I don't believe they have any records of their customers opting into e-statements. I think they send e-statements by default, regardless of whether a customer opts in. However, I don't think it's due to any environmental effort to save on the use of paper. I think they are systematically and fraudulently depriving people of the ability to properly pay their remittance under the terms of the loan. 

I wish to file a complaint to see if this banking Institution is violating the E-sign Act by not having a customer 's explicit consent in receiving electronic statements in lieu of paper statements sent via mail.

Company response to consumer: Closed with explanation