Consumer complaint received 2023-03-14
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
Transunion XXXX XXXX XXXX XXXX, PA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX Last 4 of SS # : XXXX File # : XXXX Dispute Information for Review and Consideration : Account Info : Creditor Name : ( XXXX XXXX  ) is the alleged creditor also known as XXXX Acct. # : XXXX Acct. Type : Installment Account Date Opened : XX/XX/XXXX Open/ Closed : Closed Status : Repossession Status Updated : XX/XX/XXXX Balance : {$6800.00} Balance Updated : XX/XX/XXXX Original Balance : {$20000.00} Monthly Payment : {$670.00} Past Due Amount : {$6800.00} Term : 48 Months Responsibility : Individual Account Contact Information : XXXX XXXX XXXX, XXXX XXXX CA XXXX ; XXXX Reasons for Dispute : XX/XX/XXXX XXXX XXXX from XXXX XXXX XXXX XXXX XXXX CA to XXXX XXXX XXXX XXXX XXXX CA to purchase a vehicle that had been discussed in a telephone conversation with XXXX XXXX Upon arriving at the location where the car was advertised as for sale, XXXX XXXX was notified that the vehicle was not at the lot. 
XXXX was then offered a different vehicle, a used XXXX XXXX, see Exhibit XXXX. 
On XX/XX/XXXX, XXXX placed a down payment of {$4000.00} on a XXXX XXXX, and then proceeded to XXXX XXXX the vehicle ; see Exhibit XXXX. 
On XX/XX/XXXX, following the XXXX XXXX, XXXX and XXXX XXXX agreed that there were mechanical problems with the transmission of the XXXX XXXX. 
On XX/XX/XXXX XXXX was then offered another car, a ( XXXX XXXX ), XXXX model with a VIN number of : XXXX. 
XXXX test drove the XXXX XXXX and was aware of brake issues, but decided to purchase the car given the generous financing terms and the overall condition of the vehicle. 
On XX/XX/XXXX, XXXX informed XXXX XXXX that the car was being purchased for his business needs and specifically asked numerous questions at acquisition of the vehicle, and two of the main questions that he emphasized were as follows : Does the car have any open recalls? And is the title clean? ; in both instances the dealer indicated that the title was clean and that there were no open recalls. 
XXXX then offered an additional {$1000.00} down payment towards the XXXX XXXX, making the total down payment {$5000.00} ; see Exhibit XXXX. 
Upon taking possession of the XXXX XXXX  and executing the financing contract, XXXX then took the XXXX XXXX  to a mechanic in XXXX XXXX, CA known as XXXX XXXX XXXX, where the braking system was repaired for roughly {$750.00}. 
XXXX then utilized the car for his business purposes as the purchase was intended for. 
XXXX was later informed by his business partner, following an investigation that there were two open recalls consistent with the XXXX XXXX. 
The two recall numbers are XXXX and XXXX. 
XXXX represents an exhaust emission condition which coalesces with the catalytic converter, making the car unsaleable. 
Selling a car with emissions violations is illegal according to the laws of California. 
The XXXX recall represents the oil consumption part recall which is still open and not fixed, similar to the XXXX recall which is also open and still not fixed as well. 
Both of the recalls, XXXX and XXXX are detailed with attachments in this dispute packet and are included for your reference, as Exhibit XXXX. 
XXXX indicated a point of contact with XXXX XXXX XXXX who can also verify this information and the reference number is included as well, which is time and date stamped, in the event the repairs are attended to in some way prior to a decision being reached on this dispute, and are included as Exhibit XXXX. 
XXXX investigated the status of the two open recalls to see if it was possible to have them fixed immediately after purchase, and it was determined that it was not. 
An estimated time of possible repair was dramatically indefinite, because the parts for the repairs of these two open recalls at issue were not available, and had been unavailable for the past six months with no understanding as to when they would become available. 
The recalls had been open prior to purchase and the necessary parts for the repair had been on back order for over six months with no definitive time of arrival and repair completion. 
The outstanding recalls made the car unusable for XXXX business, and XXXX XXXX was aware that the car was being purchased for business purposes. 
XXXX notified XXXX XXXX, of this issue, and returned the car to the dealership; leaving the keys in the car and notifying the dealer of the location of the car upon return. 
Selling a car without disclosure of an emissions XXXX recall violates California emissions laws and constitutes consumer fraud. 
XXXX is also protected by lemon laws in this instance and the sale of the XXXX XXXX is null and void for these reasons and the finance contract is unenforceable. 
This merchant is asserting a debt instrument which is in violation of XXXX FCRA rights. 
XXXX attorney is XXXX XXXX, of XXXX, XXXX, XXXX and XXXX, located in XXXX, IL at address XXXX XXXX XXXX XXXX, Suite XXXX in zip code XXXX. His phone number is XXXX or XXXX and his email is XXXX ; and Transunion is free to contact him with regards to this matter. 
XXXX XXXX has agreed to help XXXX with this particular issue, and is equipped to handle this matter, since it is a federal violation of XXXX consumer rights and is asserted in the face of FCRA reporting statues, designed to prevent abuses like these. 
I have attached supporting documentation to show you the various vehicles being advertised by this dealer which were initially paid for, then the sale was revoked and a different sale took place, and each vehicle was unfit for sale in every instance ; this information is attached as Exhibit XXXX. 
XXXX is also including the recall information that was made available to him by the XXXX XXXX XXXX customer service XXXX representative who looked into the current status of the recalls to date and historically ; this information is attached as Exhibit XXXX. 
Upon investigation, the representative who researched the status of the recalls informed XXXX and sent to him via email the recalls that were open prior to purchase, the current status and the status at the time of return ; this information is attached as Exhibit XXXX. 
The XXXX recalls that allowed for the deceptive and fraudulent sale of the vehicle are still open and not repaired, where the merchant is again asserting that it was sold to a different consumer an additional time without repair. 
There is also still an unclear timeline as to when the part can be supplied and when the repair can be scheduled, as the parts are now available but the recall XXXX is so difficult and cumbersome to perform that it is not always feasible or possible to complete even with parts and effort. 
XXXX indicated a point of contact with XXXX XXXX XXXX who can also verify this information and the reference number is included as well, which is time and date stamped, in the event the repairs are attended to in some way prior to a decision being reached on this dispute, and is included as Exhibit XXXX. 
XXXX is being considered for consumer fraud and violations of XXXX federally protected rights consistent the Fair Credit Reporting Act. 
The case number with XXXX XXXX XXXX is XXXX and the phone number that was used was provided by an alternate XXXX dealership when XXXX called and inquired about the status of the recalls, and this phone number is XXXX. 
Bank XXXX XXXX also agreed with XXXX that the above transaction constituted consumer fraud and reversed the debits totaling {$5000.00} ; see Exhibit XXXX.

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 non-monetary relief