Consumer complaint received 2022-07-12
Company: CREDIT ACCEPTANCE CORPORATION
State: PA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
TO : XXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX This letter is a formal complaint that you are reporting inaccurate and incomplete credit information. I am distressed that you have included the below information in my credit profile and have failed to maintain reasonable procedures in your operations to assure maximum possible accuracy in the credit reports you furnish. I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and or a civil suite should you continue in your non-compliance. I further remind you that, as in 15 U.S. Code 1681 ( n ), you may be liable for your willful non-compliance. Credit reporting laws ensure that financial institution must report only 100 % accurate credit information. Every step must be taken to assure the information reported is completely accurate and correct. The following information therefore needs to be reinvestigated. Congress has also stated that unfair credit reporting undermines public confidence, which congress has made clear, is essential to the continued functioning of the banking system. Which you fail to do. 

Pursuant 15 U.S Code 166b ( a ), A creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose. 

In responds of my CFPB complaint ID XXXX, as shown in Exhibit ( A ) you have stated my review confirms that we provided you with notice about our information sharing practices in the Welcome Letter we sent to you on XX/XX/XXXX. That letter stated : WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNTS TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT. We also sent you a copy of our Annual Privacy Notice on XX/XX/XXXX Prior to that, you acknowledged and agreed to the terms and conditions of the enclosed Consent and Authorization form allowing us to run your credit as part of your application process. you also acknowledged and agreed to the terms of the enclosed Application, which provided your consent to standard credit review language. Your privacy rights were not infringed by Credit Acceptance checking your credit as part of the application process or accurately reporting your account status to the credit bureaus. 

Your Company 's Consent and Authorization Form you have sent in response of my CFPB Complaint ID XXXX and XXXX Complaint as shown in Exhibit ( A ) DOES NOT include an option to opt out of credit reporting that you must provide according to 15 U.S. Code 6802. 15 U.S Code 6802 -Obligations with respect to disclosures of personal information states " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unlesssuch 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 ; 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 the consumer is given an explanation of how the consumer can exercise that nondisclosure option ''. You did not give me the option to exercise a nondisclosure option. 

Your Companys consent and authorization form mentions the Gramm-leach Bliley Act, it talks about you reporting my nonpublic person information, but I am aware that in accordance with the Gramm-leach Bliley Act, I the consumer have the right to know where and how to direct disclosure of my nonpublic information and should have been given a clear and conspicuous explanation of how to exercise that nondisclosure option. I have NEVER received such an explanation. The ( GLB ) Financial Privacy Rule under 16 CFR Part 313 states the regulations require financial institutions to provide particular notices and to comply with certain limitations on disclosure of nonpublic personal information. A financial institution must provide a notice of its privacy policies and practices with respect to both affiliated and nonaffiliated third parties, and allow the consumer to opt out of the disclosure of the consumers nonpublic personal information to a nonaffiliated third party if the disclosure is outside of the exceptions. YOUR OBLIGATIONS UNDER THE PRIVACY RULE, Privacy Notices, The Contents of the Privacy Notice, The Appearance of the Privacy Notice, Safeguarding NPI, Delivering Privacy Notices, Opt-Out Notices, General Obligations Exercising the Opt-Out Right, The Shelf Life of an " Opt-Out '' Direction, Summary Of Notice Requirements Exceptions. 
I am aware as a XXXX XXXX, you are to make sure your company is in compliance with the law 100 %. 

Youve also stated in Exhibit A, As of XX/XX/XXXX, we are accurately furnishing your account status to the credit bureaus as 180 days or more past the due date. This information is consistent with your account history and your enclosed payment history, which shows you have not made a payment since XX/XX/XXXX. I recently pulled my credit report on XX/XX/XXXX it shows you are in fact still reporting my nonpublic information inaccurate as shown in Exhibit ( B ). you are reporting 180 days past due to XXXX and not XXXX and XXXX. In the Payment status section of my credit report, you are reporting to XXXX 120 days late, XXXX 120 days late and to XXXX 180 days late. In the date of last payment status section of my credit report you are reporting to XXXX a last payment date of XX/XX/XXXX but in the two-year history section of my credit report you are reporting to XXXX a last payment date of XX/XX/XXXX. In the date of last payment status section of my credit report you are reporting to XXXX a last payment date of XX/XX/XXXX but in the two-year payment history section you are reporting XX/XX/XXXX. Also, to XXXX you are reporting a date of last payment of XX/XX/XXXX but in the two-year payment history section of my credit report you are reporting to XXXX XX/XX/XXXX XXXX But you stated in you CFPB response that my last payment was XX/XX/XXXX. So, when was my last payment exactly? You are also reporting to all 3 credit reporting agencies a different past due balance, XXXX and XXXX {$2200.00} and XXXX {$1800.00}, but in your CFPB Complaint you stated on XX/XX/XXXX that your account is past due {$3100.00}. Nothing of what you are reporting is accurate, nor is it fair and equitable to me. what you are reporting is not consistent with what have stated in your CFPB response by any means. this is a violation of the FCRA 15 U.S Code 1681 ( a ) Accuracy and fairness of credit reporting and 15 U.S Code 1692 ( a ) Abusive Practices. 

Please provide the written instructions that I, the consumer gave to Credit Acceptance, which has authorized the furnishing of any nonpublic information. If you can not provide me with these instructions written by me prior to this notice, this has been a fraudulently furnished consumer report using my identifying information and Credit Acceptance Corp must update the following late payment to PAID AS AGREED or DELETE to all consumer reporting agencies immediately to protect against further unauthorized access to or my nonpublic personal information. 

If credit acceptance, can not provide me with proof such a tracking number or a certified mail return receipt proving your company sent me a Welcome Letter on XX/XX/XXXX, providing proof your company adopted reasonable procedures to ensure my periodic statement was delivered to me no later than 21 days before the payment due date, this alleged late payment must be removed. Or I am demanding the following late payment are updated to " PAID AS AGREED of each late payment is summited to the credit reporting agencies immediately to prevent me from receiving more harm because of the fraud that has taken place. 

Until the requested documentation is received, this request for documentation shall be treated as a BILLING ERROR and an ERRONOUSLY BILLED AMOUNT section 1666 of title 15XXXX Credit acceptance, as the creditor may not collect any dispute amount. As a federally protected consumer, who does not need to pay, the creditor can not restrict, accelerate payment, close an account and or make or threaten any adverse reporting to any person about the consumers credit standing without resolving the billing error. 
Any information listed on my consumer report must be verified or immediately removed. I am due for a thorough and proper investigation. Please send me any information regarding my request and an updated consumer report showing that the abovementioned demands have been met. As a gentle reminder, this is my final attempt at peaceful mediation. Your failure to comply will result in me pursuing civil for damages action pursuant to 15 U.S Code1692 ( k ) and 15 U.S Code 1640. Also, your failure to comply will result in civil liability Pursuant to 15 U.S Code 1681 ( n ). 

I am aware, the making of any false, fictitious, or fraudulent statement or representation to a customer of a finical institution such as reporting inaccurate information is a direct violation of 15 U.S Code 6821 ( a ) ( 2 ). I am also aware that whoever violates 15 U.S Code 6821 such a false, fictitious, or fraudulent statement or representation to a customer of a financial institution will be held liable under 15 U.S Code 6823 ( a ) to fines under Title 18 U.S Code 3751 with fines up to {$500000.00} or imprisoned for up to five years or both. 

Thanking you in advance for your precipitated quick co-operation on this important matter.

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