Consumer complaint received 2020-11-11
Company: Americas Car-Mart, Inc.
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
Do to the Fact that Americas Car-Mart does not want to work with me based upon the violations that I have expressed to them By Law, and in this unfortunate economy greatly due to the global pandemic. I hereby investigate the Auto Contract closely and prove through Exhibits, the fraud and violations by way of my Consumer Rights. Under the FDCPA, FCRA, and TILA.

Under 28 U.S.C 3002.Definitions ( 15 ) United States means ( A ) a Federal corporation ( B ) an agency, department, commission, board, or other entity of the United States ; or ( C ) an instrumentality of the United States . I acknowledge that I am a Consumer, Natural Person in this Federal Corporation Untied States.

Under 15 U.S.C 1692a. I acknowledge that Americas Car Mart is a debt collector and is governed under the ( FDCPA ) Federal Debt Collection Practices Act.

Exhibit A. I am Self Employed and have been contacted by Americas Car-Mart numerously at very inconvenient times throughout my day. 

Under 15 U.S.C 1692c. Communication in connection with debt collection. I acknowledge that I have been violated do to the fact that I am self employed so contacting me at any time of the day is not convenient.

Exhibit B. Americas Car-Mart has not only called at inconvenient times, but the phone calls have displayed harassment, and abusive measures towards me.

Under 15 U.S.C 1692d - Harassment or abuse. I acknowledge that Americas Car-Mart has harassed me over the phone, threatened me, used obscene, and profane language towards me.

Exhibit C. Section Titled GPS DEVICE. Americas Car-Mart through a GPS Device tracks the vehicle and ultimately my whereabouts. I feel totally unsafe knowing that they are doing so and that is an invasion of my Consumer Right to Privacy.

Under 15 U.S.C 1681 - Congressional findings and statement of purpose. I acknowledge through documentation from Americas Car-Mart under the auto contract given to me by them. They have infringed and violated in numerous sections of the contract on My Consumers Right to Privacy.

Exhibit D. Americas Car-Mart states in multiple ways in which they will share and furnish my personal information to credit bureaus. As a Consumer and Natural Person, I have not given these bureaus of any kind, permission or written permission to have my personal information. And if credit bureaus do not have permission to process my personal information. It is frightening to me that Americas Car-Mart would share my personal information in which neither they nor any credit bureaus has my written permission to have at all.

15 U.S.C 1681b - Permissible purposes of consumer reports ( a ) IN GENERAL Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

Exhibit E. Section Titled Notice Regarding Furnishing Negative Information. A direct quote from that section states. We ( XXXX, XXXX, or XXXX ) may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on you account may be reflected in your credit report. Due to that statement from that section of the auto contract. Americas Car-Mart openly states that they will furnish or willingly give my personal information away weather Positive or Negative. I as a Consumer and Natural Person state that I have never given any permission let alone written permission or consent to furnish my personal information to Anyone or Any Corporation. 

Under 15 U.S.C 1681 - Congressional findings and statement of purpose. I acknowledge through documentation from Americas Car-Mart under the auto contract given to me by them. They have infringed and violated in numerous sections of the contract on My Consumers Right to Privacy.

Exhibit F. Section Titled Privacy Notice. In this section Americas Car-Mart explains what they do with a consumers personal information. A quote from that section states. Financial Companies Choose how they Share your Personal Information. Without my written permission for such sharing practices it Is illegal to share my personal information and a violation to my Consumer Right to Privacy.

Under 15 U.S.C 1681 - Congressional findings and statement of purpose. I acknowledge through documentation from Americas Car-Mart under the auto contract given to me by them. They have infringed and violated in numerous sections of the contract on My Consumers Right to Privacy.

Exhibit G. Section Titled Privacy Notice. In this section Americas Car-Mart explains what they do with a consumers personal information. A quote from that section states. Federal law gives consumers the right to limit some but not all sharing. As a Consumer and Natural Person, I challenge that statement. Because under Federal Law 15 U.S.C 1681 ( a ) - Congressional findings and statement of purpose ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. It would be a contradiction for Federal Law to give me as a Consumer the Right to Privacy and limit that said Right that is already given to me in its Entirety under the Law. However, in this section Americas Car-Mart has stated that I as a Consumer have Limited rights under Federal Law as it pertains to my personal information and how they choose to share it.

Under 15 U.S.C 1681 - Congressional findings and statement of purpose. I acknowledge through documentation from Americas Car-Mart under the auto contract given to me by them. They have infringed and violated in numerous sections of the contract on My Consumers Right to Privacy. 

Exhibit H. Section Titled Privacy Notice. In this section Americas Car-Mart explains what they do with a consumers personal information. A quote from that section states. The types of personal information we collect and share depend on the product or service you have with us, This information can include : Social Security number and income, account balance and payment history, credit and transaction or loss history. When you are no longer our customer, we continue to share your information as described in this notice. As a Consumer and Natural Person, it frightens me that not only in this section does Americas Car-Mart continue to violate my Consumer Right to Privacy by stating that the information they may share or collect involves my Social Security number, income, and even loss history. But also, what frightens me as a Consumer and Natural Person is that even after discontinuation of me being a customer. Americas Car-Mart stated in this section that they would Continue to share my personal information in which I have Yet to give them Written permission to do.

Under 15 U.S.C 1681 - Congressional findings and statement of purpose. I acknowledge through documentation from Americas Car-Mart under the auto contract given to me by them. They have infringed and violated in numerous sections of the contract on My Consumers Right to Privacy.

Exhibit I. Americas Car-Mart did not follow the Law and include my insurance in my Finance Charge.

Under 15 U.S. Code 1605 - Determination of finance charge. I acknowledge that Americas Car-Mart did Not include insurance in my finance charge and by Law under the Truth In Lending Act that is a violation. 

Exhibit J. Americas Car-Mart accepted a unlawful down payment cash transaction from me the Consumer. Which is a violation by Laws that govern Americas Car-Mart.

15 U.S. Code 1605 - Determination of finance charge. I acknowledge that Americas Car-Mart is in violation under Law for accepting a down payment cash transaction.

( a ) FINANCE CHARGE DEFINED Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable.

Company response to consumer: Closed with explanation