Consumer complaint received 2023-02-08
Company: CarMax, Inc.
State: DE
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
I am writing you in regards to some violations that I have been made aware of based off Consumer Law. I understand that legally there are laws that protect consumers and that need to be followed especially when private information is being reported to third party credit agencies. There are a few violations I would like to point out with this auto Loan with Carmax and all student loans that are reporting on my credit reports.. Even though the student loans are reporting as closed I am asking they be deleted upon immediate requestThe violations I will discuss is Identity theft, and next the final violation is Determination of Finance Charge 15 U.S.C section 1605 Both these accounts with Carmax and U.S Department of Student Loans are in violation of both laws The first violation I will discuss is identity Theft. Identity theft is a crime which an attacker uses fraud or deception to obtain personal or sensitive information from a victim and misuses it to act in the victims name which usually the perpetrators of such crime are motivated by their own economic gain. This particular violation falls under Consumer law Aggravated Identity Theft 15 USC 1028a 1.. The accounts for all the student loans listed on my credit reports that I have made complaints about several times, each time came back as verified by the credit report agencies which they confirmed with the original creditors. The schools that the loans were for have been owned and operated by XXXX XXXX XXXX during the periods of XXXX. Based on borrowers defense evidence these student loans have been eligible for full loan discharge. These loans are apart of a department action because there was evidence found that a widespread of misconduct violated state consumer protection laws and made a widespread of misrepresentations about its educational programs which are grounds for borrowers defense to repayment under the borrower defense regulations 34 C.F.R S 685.206 and or S685.222. I received an email stating that my loans have been discharged without any requirements of having to file an application because of the pervasive and widespread nature of the schools conduct and or misconduct. Consumer Law 15 U.S.C S 1028a ( 2 ) states that anyone knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority in means of identification of another person shall, in addition to the punishment provided for such felony. In the above paragraph pertaining to the student loans I informed you of the laws that had been broken because of misleading information being given by the school of XXXX XXXX. Not only have they affected me negatively for over 13 years because these loans were taken out from XXXX - XXXX but the loan dispersers have been knowingly transferring my identification documents, authentication feature, knowing that the documents were produced without lawful authority. These loans were proven to be given to borrowers based off false and misleading information and these creditors along with the credit reporting agencies are reporting inaccurate and fraudulent information. 

The next violation 15 U.S.C Section 1681C-2-a 1-4 Block of information resulting from identity theft. This particular violation deals with the consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ( 2 ) A copy of an Identity Theft Report ( 3 ) The identification of such information by the consumer ; and ( 4 ) Statement by the consumer that the information is not information relating to any transaction by the consumer The accounts that falls under this violation are all the student loans along with the consolidated loans because these loans were accompanied under the assumption of false and misleading information of attending XXXX XXXX XXXX. Another account that falls under this violation is Carmax. This account should be deleted per request because Carmax is customer consumer transaction account. Customer Consumer Transaction accounts are accounts that are in. Connection with your personal information. The violation with this account falls under the consumer law Definition of Finance Charges Truth and lending section per 15 U.S.C. S 1605.<A> in this section it states that the finance charge shall not include charges of a type payable in a comparison cash transaction In my contract you can clearly see where a down payment cash deposit was put on vehicle.. I was told that a cash deposit had to be given in order to obtain the vehicle I also just noticed on the contract that when total fees were added that instead of them deducting the {$1700.00} cash down payment it was added to the total sale price. Insurance fees were not added in finance charge, Also in this section of what a finance charge includes the sum of all charges.. These charges should have been included in the financed charge.. 15 U.S.C 1605 ( 5 ) sum of all charges.. Because these account s were misrepresented because all sum of fees were not included the law states the premium or other charges for any guarantee or insurance protecting the creditors against the obligators default or other credit loss. Also The finance Charge should be broken down separately in details explaining all charges. This also falls under the 15 U.S.C Section 1611 ( 1 ) - ( 3 ) Criminal liability for willful and knowing violation. The creditors should be fined not more than {$5000.00} or imprisonment not more than 1 year. identity theft as well 15 U.S.C 1028 I also noticed that the {$1700.00} down payment was added into the sale price instead of deducted from the TOTAL sale price.

Because these violations exist currently consumer law 15 U.S.C S 1635 <A> states right of recession as to certain transactions. I am asking because of this violation I have the right to rescind the transaction until delivery of the information.. 15 U.S.C S 1635<B> Return of money or property following rescission. I am asking that any finance or any other charge given by the obligor along with interest arising by operation of law becomes voided upon such a rescission. Within 20 days after receipt of a notice of rescission the creditor shall return to the obligator any money or property given as earnest money or downpayment.

I am also asking {$1000.00} per each violation of my consumer rights that that was pointed out.. and that for Carmax the remaining balance of the vehicle be reflected as paid off and the contract be voided because of the known violations Also upon reviewing I noticed that on my dealership 90 day warranty was given by the dealership but on the retailer installment contract it states that a fee of extended service which I was charged in the amount of {$1900.00} Please review thoroughly and consider all information With kind regards XXXX XXXX

Company response to consumer: Closed with explanation