Consumer complaint received 2023-06-30
Company: HYUNDAI CAPITAL AMERICA
State: NE
Product: Debt collection
Sub-product: Auto debt
Issue: Communication tactics
Sub-issue: Frequent or repeated calls

Complaint:
In XX/XX/XXXX, I cosigned an auto loan to help the coborrower purchase a new vehicle. The financing was secured through the dealership I made it clear that the coborrower was the primary and I was the secondary borrower. The monthly due dates have been set to the XXXX of each month. For the past XXXX years, the primary borrower has made all payments on the loan but admittedly not always on time by the due date. The vehicle has never been repossessed, however on numerous occasions throughout this 6 year relationship the lender has engaged in harassing and abusive behavior towards me each time the loan has gone past the due date. 

This complaint, submitted on XX/XX/XXXX, is specifically about the payment that was due XX/XX/XXXX. 

The payment was current as of XX/XX/XXXX due date. The primary borrower did not make the payment due on this date. 

Starting XX/XX/XXXX, I began receiving phone calls from XXXX ( XXXX ) XXXX. Here is the timeline of calls received from this number, all times in XXXX XXXX XXXX : XX/XX/XXXX : XXXX, XXXX, and XXXX XX/XX/XXXX : XXXX, XXXX XX/XX/XXXX : XXXX, XXXX, and XXXX XX/XX/XXXX ( yesterday ) XXXX, XXXX, and XXXX XX/XX/XXXX ( today ) XXXX and XXXX Please see attachment for screenshots of call log placed to my number. 

The total number of calls received over this 5 day period is 13. On 3 days, I received 3 calls. On 2 days, I received 2 calls within the same hour. This is very harassing and abusive behavior. 

On no occasion was a voicemail left to advise who was calling. 

I did a search on XXXX of the phone number and nothing tied this number directly to Hyundai Motor Finance. XXXX search result referred to it as a " vehicle related customer call. '' Another described it as " A Debt Collector Call '' I called the phone number at XXXX XXXX and a robot said " Thank you for calling Hyundai Motor Finance XXXX '' After confirming the last 4 of my SSN, I was advised of a past due amount. I requested to speak to a representative. I reconfirmed the last 4 of my SSN with the agent. Here is what I can recall from memory ; the agent advised the call was recorded. 

The agent advised me the call was on a recorded line for quality assurance purposes. The purpose of the call was to collect a debt and anything said may be used for that purpose. I consented. 

I asked how long the bill was past due. He said 10 days. 
I asked how many people are on the account? He confirmed me and the coborrower are on the account. 
I asked if they attempted to contact the other borrower at all. The agent wasn't sure, claimed to did not have access to the records. 
I asked if this is a standard practice for a bill that is past due by 10 days. He said it is a robo-system makes the calls. He wasn't sure what the rules are, but believed it was programed for 2 attempts per day.

I advised that I have been contacted *14* times over the past *7* days.

( *I stated 14 times and 7 days in error. Upon reviewing my phone records in detail, it was 13 times over 5 days ) I then stated I found this behavior abusive. I stated that the Fair Debt Collection Practices Act ( FDCPA ) considers more than 7 calls in 1 week to be harassment. Although Hyundai Motor Finance is the original creditor, they still can not engage in abusive behavior. 
The agent advised he could put my number on a " do-not call '' list. I agreed and he requested 2 minutes to put me on hold. ( I believe this was more than 2 minutes ) The agent returned and advised I was placed on the do not call list. He then attempted to reconfirm information with me. 
Once this was complete, I asked again if this was standard practice to call someone this much to recover a bill that is 10 days past due. I stated my intention to escalate the call and that I would be submitting a complaint to the CFPB. 
The agent put me on hold to submit a complaint The agent asked for another 2 minutes to find out who I should be transferred to.

Upon returning, I was lead to believe I was being transferred to customer service to address my complaint. Instead, I was cold-transferred to the generic customer service hotline . The robot asked to confirm the last 4 of my SSN, but stated twice that it does not match their records. I hung up. 

THE PURPOSE OF THIS COMPLAINT Hyundai Motor Finance engaged in abusive and harassing behavior in an attempt to recover a past-due balance. They attempted to call me 13 times over a 5 day period in regard to a balance that was only 10 days past due. Regulations from the CFPB protect consumers from Unfair, Deceptive, and Abusive Acts and Practices. ( UDAAP ) The CFPB has made it clear that automation is not an excuse for noncompliance. A debt collector is presumed to be in violation of the law if they place a telephone call to you about a particular debt : More than seven times within a seven-day period, or. Within seven days after engaging in a telephone conversation with you about the particular debt. They have engaged in this behavior as demonstrated in this complaint and numerous times throughout the past 6 years.

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