Consumer complaint received 2022-03-08
Company: DriveTime
State: OH
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Investigation took more than 30 days

Complaint:
Numerous laws were broken under the Fair Credit Reporting Act ( FCRA ) by your company and Truth in Lending Act ( TILA ), and several other federal violations. I have suffered from advertising inaccurate, incomplete, erroneous, and misleading information that has caused severe damage to my character, my reputation, my general mode of living, and my ability to obtain credit for personal and home purposes. You and your inaccurate reporting have destroyed my livelihood. You have caused my son and me, severe harm due to the negligence and inaccurate advertising on my consumer report. I am thoroughly exhausted of your XXXX. Between being a single father raising a XXXX XXXX, maintaining the household through a pandemic with inflation at an all-time high, I do NOT have the time for your XXXX. You are breaking federal law. On XX/XX/XXXX, I mailed out my first correspondence to you putting you on notice of accounts being advertised on my consumer report, I specifically asked for a method of certification, and I did not consent to XXXX XXXX  Compliance or Automated Dispute System or an Automated reinvestigation System. Meaning, I do NOT consent to an impartial investigation through a click of a button or other automated systems. I DEMAND, as a consumer an impartial, thorough, and accurate investigation be conducted to not only find what happened to the funds I sent XXXX but why are you willfully furnishing inaccurate information on my consumer credit profile? After thirty ( 30 ) days of sending out my first correspondence, I did not hear anything from you, at all, it is my understanding not only is that a federal violation but pursuant to 15 U.S. Code 1681s2 ( a ) ( 1 ) ( a ), it specifically states, A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. On XX/XX/XXXX, I put you on notice as a data furnisher, you are incorrectly reporting information to the Credit Reporting Agencies ( CRAs ) and any affiliations along with a delinquent payment, and a remaining balance. Through my first correspondence, I attached confirmation of XXXX XXXX Money Order and checks payable and sent directly to XXXX throughout multiple dates. Furthermore according to Congress, pursuant to 15 15 U.S. Code 1681s2 ( b ), A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ; ( ii ) the information is, in fact, inaccurate. Ive had a relationship with purchasing my first automobile. It was totaled, meaning total loss, and after several attempts by XXXX, XXXX had my automobile insurance listed as XXXX XXXX with the primary contact from XXXX XXXX named XXXX. Furthermore, XXXX incorrectly showed the vehicle, not as a total loss, but only as an impound, and thus fraudulently contacted a repossession company when I was making payments on a car that was a total loss. Furthermore, XXXX fraudulently allocated the check presented to them by a representative of XXXX to the premium instead of the actual balance. Furthermore, XXXX and XXXX XXXX XXXX fraudulently sold the car as salvaged, when it was completely totaled and beyond repair. 

There are numerous federal violations. Now, Congres explicitly states, In 15 U.S. Code 1681 ( 1 ), The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. So vital in fact, more than 200 million Americans have credit files, and lenders rely on this information to decide whether to approve loans and on what terms. Consumer reporting also informs decisions about employment, insurance, housing, and even essential utilities. For consumers, inaccuracies on credit reports drive up the cost of credit and severely limit opportunities, such as starting a small business or buying a new home. Not only are you breaking federal law, but you are also undermining the efficiency of the banking system and the troubled economy. 
Furthermore, pursuant to 15 U.S. Code 1681b ( f ) ( e ) and 15 U.S. Code 1681b ( a ) ( 2 ), I have NEVER given my written instruction to neither ( You ) nor any of the CRAs. It is my understanding you shall not advertise what is on my consumer credit report if put on notice and made aware that the information is inaccurate by a consumer, it is your moral and legal obligation, I demand you correct all details as stated in my written correspondence. The continued report of this information is a clear violation of federal law, 15 U.S. Code Subchapter III, throughout parts.

15 U.S. Code 1681a ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. 

During the investigative process, if conducted at all, and following my requests ; what neighbors, friends, or associates as stipulated in 15 U.S. Code 1681a ( e ) ; who did you speak to regarding the false information youre advertising on my consumer report? 

I further remind you that, as in XXXX XXXX XXXX XXXX XXXX, XXXX. XXXX ( XXXX XXXX XXXX, XXXX ), you will be liable for your willful non-compliance and damages caused to my livelihood and way of living due to your willful negligence. Ignorance of the law excuses no one. As transcribed in Leviticus 5:17 : " If a person sins and does what is forbidden in any of the LORD 's commands, even though he does not know it, he is guilty and will be held responsible. These laws have been interwoven, throughout the Roman empire and the United States. See United States v. Freed, 401 U.S. 601 ( XXXX ). You will be held liable for your actions. 

Once again, within the required thirty ( 30 ) days designated by Congress under the Fair Credit Reporting Act ( FCRA ) you failed to respond, and I hereby as a consumer, DEMAND you accurately furnish what is on my consumer credit report. Meaning, showing no delinquency and having the balance paid in full. 

I am a litigious consumer and I shall not hesitate to take legal action and sue, yes, you heard me correctly. I will not hesitate to pursue legal counsel. I will sue you for infringement of my right to privacy and advertising false information on my consumer report. Advertising inaccurate, incomplete, erroneous, and misleading information has caused severe damage to my character, my reputation, my general mode of living, and my ability to obtain credit for personal and home purposes. You and your inaccurate reporting have destroyed my livelihood. You have caused my son and me, severe harm due to the negligence and inaccurate advertising on my consumer report. I am thoroughly exhausted of your XXXX. Between being a single father raising a XXXX XXXXd, maintaining the household through a pandemic with inflation at an all-time high, gas prices reaching an all-time high, and being a victim where someone committed aggravated identity theft against my son and fraudulently claimed my son as a dependent for taxes, and filing police reports and FTC reports and meetings with Secretary of State and Attorney General. I do NOT have the time for your XXXX. I will not hesitate to take legal action against you for violation of federal law 15 U.S. Code 1611, 15 U.S. Code 1681n, 15 U.S. Code 1681o among personal damages to my character.

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