Consumer complaint received 2023-01-01
Company: CREDIT ACCEPTANCE CORPORATION
State: NY
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Confusing or misleading advertising or marketing

Complaint:
I have been contact with Credit Acceptance Corporation disputing the transaction on a vehicle that was Repoed a XXXX XXXX XXXX. CAC have been in violation of this whole transaction when they took on this " Assignment ''. When I went to purchase the vehicle XXXX XXXX XXXX informed me that Credit Acceptance Corporation was requesting a cash down payment of {$3500.00} in order to proceed with purchasing the vehicle. I gave a cash down payment of {$3500.00}. According to TILA ( TRUTH IN LENDING ACT ) when there a finance charge in connection with a consumer credit transaction there should be no comingling. The finance charge does not include charges of a type payable in a comparable cash transaction. In the Retail instalment contract it states that IN FINE PRINT, " you may buy the vehicle described below for CASH or CREDIT, YOU HAVE AGREED TO BUY THE VEHICLE FROM US ON CREDIT FOR THE TOTAL SALE PRICE. '' So there is not suppose to be no cash involved. When I began learning about consumer laws, I addressed CAC about this cash down payment CAC stated that they did not ask for a down payment which the dealership was misleading, but according to the " contract '' since it was assigned to Credit Acceptance it states that the holder of the contract is subject to all claims and defenses. Credit acceptance accepted the instalment " contract with all terms and they acted in bad faith when they took on the assignment knowing that down payments are illegal. Which the contract was breached before I left the lot with the vehicle. 
I was not given any disclosures about the right to reject arbitration. and I made an uniformed decision because no one disclosed it to me. In addition, Credit acceptance is in violation of the XXXX XXXX XXXX XXXX, no one was ever clear and conspicuous about my right to privacy and how I can exercise my rights as pursuant to 15 USC 6802, and according to 15 USC 6803, as long as I am customer with them every year Credit acceptance are supposed to send me out disclosures about my right to privacy and a declaration form if I want to opt out of information sharing of my non public personal information. I have never received this from them. That is straight up fraud and identity theft. My information has been shared without my consent by Credit Acceptance. Again, the contract has been breached. 
They did not disclose what the finance charge covers. 
When they repoed the vehicle they breached the peace, they removed the vehicle from my neighborhood defaming my character and embarrassing me. Again, I have the right to privacy, and my neighbors assumed I was having a financial hardship, that is no ones business. CAC committed XXXX and grand theft auto. Credit Acceptance also violated and breached contract when they did not send me repo information, redemption information, intent to auction vehicle not even giving me the chance to redeem it. That information was never mailed to me, and I have proof that it was not mailed to me. Credit acceptance filed a suit against me stating in their claim that they are the creditors, according to the FDCPA 15 usc 1692a ( 4 ) The term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. This debt was assigned to credit acceptance so they are a debt collector. Misleading me is a against the law. I want CAC to show me proof that they were the ones that gave me a loan and I am requesting the original account ledger. There are so many other violations. My objective is for credit acceptance provide me with everything I am requesting and I am requesting my down payment back and all the payments I made for this vehicle. I believe its equivalent to about {$15000.00} dollars. I am requesting a check back from this company immediately. If I cant get remedy here or cant come to a common ground. I am filing a federal lawsuit immediately. I will have all and more proof for that event.

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