Consumer complaint received 2022-10-19
Company: ALLY FINANCIAL INC.
State: AZ
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem when making payments
Sub-issue: Problem during payment process

Complaint:
Stated complaint 1. Ollo Card Services is delaying and/or refusing to apply my lawful tender of payment. 

a. On XX/XX/XXXX I ( XXXX XXXX XXXX ) sent by mail a lawful tender of payment in the amount of XXXX which was more than the stated balance on the statement that was included in the mailing. Payment, along with the supporting documents were mailed to OLLO Card Services XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX. This address was stated in the Terms and Conditions as the proper address for correspondence and payments other that the regular payments. 
b. After the allotted time allowed for mailing time and processing time, OLLO Card services has as of this morning XX/XX/XXXX still has my account marked as past due and has applied late fees. 
c. Congressional record 73rd congress of 1933, page 79 states We have provided that any direct obligations of the United States or any notes, drafts, bills of exchange, or bankers ' acceptances acquired by Federal Reserve banks may be de- posited with the Treasurer of the United States or with the Federal Reserve agents, and upon these securities Federal Reserve bank notes may be issued. In case of the deposit of the obligations of the Government, the issue of Federal Reserve bank notes may be for the entire amount of such securities. 
2. Violation of the Presidential Proclamation 2039 a. By failure to apply my lawful tender of payment OLLO Card Services has violated the Presidential Proclamation 2039 by violating the XXXXXXXX XXXX XXXX act. 
b. Whereas it is provided in Section 16 of the said Act " That whoever shall willfully violate any of the provisions of this Act or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President issued in compliance with the provisions of this Act, shall, upon conviction, be fined not more than {$10000.00}, or, if a natural person, imprisoned for not more than ten years, or both... " ; 3. Violation of Fair Credit Reporting Act sub section 603 ( 2 ) ( A ) ( iii ) - 15 USC SS 1684a ( 2 ) ( A ) ( iii ) failed to inform me how to opt-out of reporting a. In the letter dated XXXX, XXXX XXXX, it states, We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

b. The letter does not contain any information as to how I can opt-out of said third party reporting as allowed by the Fair Credit Reporting Act.

c. 15 USC SS 1684a ( 2 ) ( A ) ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ;

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