Consumer complaint received 2022-08-03
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:
To Whom It May Concern, In XXXX, California enacted AB 539 which, effective XX/XX/XXXX, limited the interest rate that can be charged on loans less than {$10000.00} but more than {$2500.00} by lenders licensed under the California Financing Law ( CFL ) to 36 % plus the federal funds rate. 

My credit report states that on XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) loaned money at an interest rate upwards of 130 % higher than allowed by state law. It is alleged that XXXX offers XXXX in over 30 states, whereby it originates, underwrites, services and enforces these loans, even claiming the loans on its financial reports. However, in states where 160 % APR is legal, XXXX  names itself as the lender in the loan contracts, but in states where such APR is illegal, XXXX  instead names a XXXX chartered bank as the purported lender and XXXX as the loan servicer. Then, after the consumer has executed the loan, XXXX purchases 95 % of the loan from the bank and maintains it thereafter. It is alleged XXXX runs this rent-a-bank scheme to purposefully skirt state law, including in XXXX XXXX XXXX California where this complaint originates. 

This loan originated at {$900.00} dollars after 9 months of payments was charged off with a balance of {$1500.00} dollars XX/XX/XXXX. This information is being reported as an OPEN ACCOUNT with a LATE PAYMENT as of XX/XX/XXXX on Transunion account number XXXX XXXX and XXXX. 
The Washington, D.C. Attorney Generals Office filed and latersettleda lawsuit against XXXX for the same rent-a-bank scheme and that XXXX own SEC filings concede XXXX  may be the true lender on these loans and that the loans may therefore be invalid. 
XXXX is in violation of Californias usury laws, unjust enrichment, and RICO violations and seeks declaratory relief. XXXX should be held accountable for its racketeering and illegal loans in California by requesting restitution, compensatory, treble, and punitive damages, injunctive relief, and a judicial determination that XXXX is the true lender on the loans, that California law governs these loans, and that the loan contracts, arbitration clauses, class waivers and jury waivers are all void and unenforceable. 
CFL violations by XXXX, including the CFLs anti-evasion provisions. One of such provisions is Section 22326 which applies to any person, who by any device, subterfuge, or pretense charges, contracts for, or receives greater interest, consideration, or charges than is authorized by this division for any loan. 

The other provision is Section 22324 which prohibits contract [ ing ] for or negotiat [ ing ] in this state for a loan to be made outside of the state for purpose of evading or avoiding California lending law.

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