Consumer complaint received 2023-02-12
Company: American Credit Acceptance, LLC
State: NY
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Credit monitoring or identity theft protection services
Sub-issue: Received unwanted marketing or advertising

Complaint:
American credit exception gave me a loan to purchase a used vehicle however they or the car dealership did not give me any information as far as opting out of my information go to a 3rd party I put them on notice letting them know that they can not put any late payments or any of my credit information on my credit report because that is misleading information due to the fact that 15 usc 1681a Definitions ; rules of construction ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; consumer ( c ) The term consumer means an individual.person ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. So according to the law ACC is violating my rights as a consumer consumer report ( 1 ) In general. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title .consumer reporting agency ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. This is hurting my credit this is causing me to Denied of a loan and it's also causing my family and I to suffer we are not able to purchase another vehicle or even Rent an apartment this is the privately of my rights as a consumer and I am being violated I also asked them about their opt out Policy if they could send me the paperwork so I can start the procedure they let me know that they do not participate in this and I let them know as a business especially dealing with money before under consumer laws they let me know that this was not concerning them and they are going to put this information on my credit report and send it to the credit bureau and I told them that was against them all as well they are not allowed to do that and I put them on notice with that as well And they still Decided to violate my rights and break the law ( 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.financial institution ( A ) In general The term financial institution means any institution the business of which is engaging in financial activities as described in section 1843 ( k ) of titlenonpublic personal information ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer ; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title. ( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information. So now you're sending me a letter in the mail telling me that you're going to report my information which I still did not agree upon Them to do that and I clearly let them know several times and they're still violate my rights as a consumer So they're willingly and knowingly holding information from me and giving me false and inaccurate information Even though I pointed out all the laws to them that what they're doing Is violating my rights as a consumer now I am reporting this to you guys because they do not want to stop this is Not right because the law clearly shows them and I have clearly put them on notice I have the certified letters to show that they receive it they just choose to ignore it and by doing such thing this become identity theft because I did not give them permission to do any of this So I'm asking you to please step in and let them know if I know what they're doing is wrong and they can not do that I did Rescinding my contract with them as well Forgiven deceptive Faults and inaccurate information They also wanted {$3000.00} as a down payment in order to give me the loan when I asked them about they said they did not say that that came from the dealership so between them and the dealership they're both Violating my rights as a consumer I asked them to please put that in writing that they did not ask for a {$3000.00} down payment To purchase that XXXX XXXX  XXXX  that I have They told me yes over the phone but I never received it in writing as And I did put them on notice and they seems to don't care and don't respond to some of my letters so I'm asking you guys to step in please I did report them to the FTC I am waiting for a reply from them but however they're taking long so I need you guys to step in as well I asked them can they please show me paperwork of where I gave them permission and show me the law of where they have permission to Give my information to a 3rd party they still did not send any letter showing me the law that they can do this or showing me where I gave them the right to do this

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation