Consumer complaint received 2023-01-25
Company: ALLY FINANCIAL INC.
State: AR
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
Complaint # 1XXXX Violation Of State Rules ( XXXX ) Violation of any Advertising Rule ( XXXX ) by any licensee shall be considered a prima facie violation of XXXX. XXXX ( XXXX ) or XXXX. XXXX ( a ) ( XXXX ) ( D ). 

RULES OF THE ARKANSAS XXXX XXXX XXXX RULE XXXX ADVERTISING XXXX. ADVERTISING GUIDELINES FOR SALE OR LEASE OF NEW AND USED MOTOR VEHICLES : A. General Advertising Guidelines ( XXXX ) The advertised price of a motor vehicle must be the full cash price for which the dealer will sell or lease the vehicle to any consumer and shall exclude only the following charges : ( a ) State , county, local and other applicable taxes, ( b ) License fees, and ( c ) Title fees. 
Charges including but not limited to dealer service and handling fees, freight and transportation fees, and preparation fees must be included in the advertised price. 
*Retail Installment contract contains a separate dealer service and handling fee of {$120.00} outside of advertised price. 

B. False or misleading advertising. 
( XXXX ) Licensee shall not use false or misleading advertising. 
( XXXX ) All advertising shall be in plain language, with disclosures of material facts that are clear and conspicuous and non-deceptive. By way of example and not limitation, the following are in violation of this rule : ( a ) Direct statements or reasonable inferences that have the tendency to mislead consumer ; ( b ) Advertising whose overall impression has the tendency to mislead consumers ( c ) Disclaimers or disclosures that contradict, confuse, or unreasonably limit or significantly alter a principal message of an advertisement ; ( d ) The failure to make clear and conspicuous disclosures of limitations, disclaimers, qualifications, conditions, exclusions or restrictions ; ( XXXX ) Statements susceptible to both a misleading and a truthful interpretation ; and ( f ) Deceptive statements, even though the true facts are subsequently made known to the consumer *Car was in need of painting and XXXX stated that they would take care of it without charge. Later, {$790.00} added. 
Complaint # XXXX Violation of Federal Rules # 1 The Gramm-Leach-Bliley Act ( FTC ) Financial institutions covered by the Gramm-Leach-Bliley Act must tell their customers about their information-sharing practices and explain to customers their right to " opt out '' if they don't want their information shared with certain third parties. 
*I was never presented with an opportunity to opt out # 2 Truth In Lending Act Subpart CClosed-End Credit XXXX General disclosure requirements. ( a ) Form of disclosures. ( XXXX ) The creditor shall make the disclosures required by this subpart clearly and conspicuously in writing, in a form that the consumer may keep. The disclosures required by this subpart may be provided to the consumer in electronic form, subject to compliance with the consumer consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act ( XXXX XXXX ) ( XXXX U.S.C. XXXX et seq. ). 

XXXX. Docs were not received Timely. I Signed Electronically XX/XX/2022 but never received an electronic copy. Paper copy received @ XX/XX/2022. 
XXXX. Auto Fraud. Documents changed to reflex a new {$790.00} charge for new paint/coating for car that I was told would be done by the XXXX of LR, no charge. Therefore, my signature was carried over to new docs without my consent. 
XXXX. XXXX XXXX XXXX a. numbers are misrepresented. Original Car price was {$28000.00} not {$29000.00}. 
b. Retail Installment Sale Contract calculations are not accurate.

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