Consumer complaint received 2023-08-05
Company: Exeter Finance Corp.
State: AR
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
" As a creditor, Exeter has an obligation to report its consumers account information in accordance with the guidelines stated in the Fair Credit Reporting Act. The information, including the charge-off, reported to credit reporting agencies ( CRAs ) is accurate, and as such, no adjustments are necessary. '' - ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution ( Exeter Finance ) has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. 
- ( a ) Prohibition on obtaining customer information by false pretenses It shall be a violation of this subchapter for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer information of a financial institution relating to another person ( XXXX ) by making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial institution ; ( 2 ) by making a false, fictitious, or fraudulent statement or representation to a customer of a financial institution; or ( 3 ) by providing any document to an officer, employee, or agent of a financial institution, knowing that the document is forged, counterfeit, lost, or stolen, was fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation. 
Exeter Finance has not performed their obligation which is an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. 
Exeter Finance has been providing documents to an officer, employee, or agent of a financial institution, knowing that the document is forged, counterfeit, lost, or stolen, was fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation what documents you forged? ( a ) Notice requirements 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 ( Exeter Finance ) 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 The biggest mistake Exeter Finance is doing right now is You Never got ahold of me ( consumer ) before the time such information is initially disclosed, to direct that such information NOT BE disclosed to such third parties. Exeter Finance Never furnish these Notifications to me I have been at XXXX XXXX XXXX XXXX for some years now and i never got no notification. What Representative ever gave me explanation on how to exercise that nondisclosure option My email : XXXX how come i never received disclosure stating 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? Because you never furnished my disclosures Exeter Finance stated that in order to be compliance under Fair Credit Reporting Act You are obligated to report what law says you can do without my written instructions. If I Gave Your Company My Written Instructions To Report this alleged account than please provide if you cant this is Identity Theft. Please furnished to me that you gave me all my Disclosures according to 15 USC 94 failing to do so makes this whole Alleged Fraud " Regarding sharing your personal information with third parties, in Adherence to the Fair Credit Reporting Act ( FCRA ), Gramm-Leach-Bliley Act ( GLBA ), and associated regulations, Exeter provides our customers with a Privacy Notice to inform them of how Exeter shares their non-public personal information ( NPI ) with affiliates or nonaffiliated third parties. The Privacy Notice also includes an Opt-Out Notice which allows customers to prevent Exeter from the sharing of NPI by opting-out. These notices are mailed with the Welcome Packet then mailed annually to the last known address on record or emailed to those customers who have agreed to receive all correspondence electronically. ( a ) Notice requirements 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 XXXX of this title. '' The OPT-Out Notice has everything to do with consumer reporting Agencies for they are Non affliated Third parties. Pursuant to 15 USC 6802 ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution MAY NOT DIRECTLY or THROUGH ANY AFFLIATE, disclose to a NONAFFLIATED 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. 

" As requested, the account has been placed in a cease-and-desist status to prevent any future collection activity by Exeter. However, the cease-and-desist status is not applicable to the credit reporting of the account as Exeter will continue to report the account to the CRAs. '' Consumer Reporting Agencies is in fact a form of communication which if you continue reporting you are in clear violation pursuant 15 USC! 692C ( c ) FAIR DEBT COLLECTION PRACTICES ACT defines communication like : ( 2 ) The term communication means the conveying of information regarding a debt directly or indirectly to any person through ANY MEDIUMS. Your company has honor one part of the FAIR DEBT COLLECTION ACT which is CEASE AND DESIST BUT BY LAW YOU HAVE TO COMPLY WITH Pursuant 15 USC 1692C ( c ) ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. I have attached to all my letter Invoices for all my actual damages and i have corresponded them via mail and your company havent responded i have all the green return receipts all my letters to prove that your company willingly committed fraud Didn't received my written instruction to report this alleged account making you in Violation of FCRA 15 USC 1681 If you say you provided me my disclosures pursuant to 15 USC 6802 than furnished them to me dates and all corresponded if not you are now in violation of the 15 USC 6801 and 6802 For being deceptive and abusive under Fair Debt Collection Practices Act you are in violation of 15 USC 1692 I Furnished Exeter Finance with an AFFIDAVIT OF TRUTH AND FACT sworn and sign under penalty of perjury and notarized cause in commerce truth is sovereign. Failing to keep ignoring my letters to your company will put you in default. I have invoke my remedies on invoice i have furnished to your Company through my letters since you honored my cease and desist you also have to compensate me for redressing my injuries. Evidences of you sharing my personal information without my consent is provided in the images

Company response to consumer: Closed with explanation