Consumer complaint received 2023-02-08
Company: ALLY FINANCIAL INC.
State: PA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL Threatening to take/disable a vehicle ( as a form of debt collection ) is illegal and actually doing so is even more illegal which Ally bank has done Along with identity theft by giving my personal information to a non-affiliated, third-party, without my written authorization, nor consent my car was stolen by XXXX XXXX XXXX ( XXXX XXXX  ) I went out to take my offspring to school and my car wasnt where I left it ( XXXX XXXX  ) my car was not 90 days past due I received an extension for the month of XXXX the month of XXXX was paid the month of XXXX payment is not due until the XXXX so that was not late either I called Ally bank ( XXXX XXXX  ) and Ally bank admitted to giving my private information to XXXX XXXX XXXX  ( to steal my vehicle ) Ally bank violated the 15 USC 1692F ( 6 ) by using XXXX XXXX XXXX, to take my vehicle, without my authorization to another place Ally bank violated 15 U.S.C 6802b Except as otherwise provided in this subchapter, a financial institution may not directly, or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title ( b ) Opt out ( 1 ) In general A financial institution unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, that such information may be disclosed to such third party ; ( B ) 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 ( C ) the consumer is given an explanation of how the consumer I have no contract nor a contract agreement between myself and XXXX XXXX XXXX Ally bank violated 15 U.S. Code 6801 ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution ( Ally bank ) has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers, nonpublic personal information.

Ally bank Violated 15 U.S. Code 1692b ( 3 ) Any debt collector ( Ally bank ) communicating with any person other than ( me ) the consumer for the purpose of acquiring location informationabout ( me ) the consumer shall not communicate with any such person ( XXXX XXXX XXXX XXXX more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; Ally bank Violated 15 U.S. Code 1692b ( 5 ) Any debt collector ( Ally bank ) communicating with any person ( XXXX XXXX XXXX  ) other than the consumer ( me ) for the purpose of acquiring location informationabout the consumer ( me ) shall not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector ( Ally bank ) is in the debt collection business or that the communication relates to the collection of a debt ; and Ally bank Violated 15 U.S. Code 1692c ( b ) without the prior consent of ( Me ) the consumer given directly to the debt collector ( Ally bank ), or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector ( Ally bank ) may not communicate, in connection with the collection of any debt, with any person ( XXXX XXXX XXXX ) other than ( me ) theconsumer, my attorney, aconsumer reporting agency if otherwise permitted by law, thecreditor, ( Ally bank ) the attorney of thecreditor, or the attorney of thedebt collector ( Ally bank ).

Ally bank Violated 15 U.S. Code 1692d ( 3 ) A debt collector ( Ally bank ) may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person ( XXXX XXXX  ) in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The publication of a list of consumerswho allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) [ 1 ] of this title. ( Attached Publications ) Ally bank Violated 15 U.S. Code 1692e ( 8 ) A debt collector ( Ally bank ) may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : Communicating or threatening to communicate to any person ( XXXX XXXX XXXX  ) credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

Ally bank Violated 15 U.S. Code 1692e ( 9 ) A debt collector ( Ally bank ) may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the UnitedStates or any State, or which creates a false impression as to its source, authorization, or approval.

Ally bank Violated 15 U.S. Code 1692e ( 13 ) A debt collector ( Ally bank ) may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The false representation or implication that documents are legal process.

Ally bank Violated 15 U.S. Code 1692f ( 8 ) A debt collector ( Ally bank ) may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : Using any language or symbol, other than the debtcollector ( Ally bank ) s address, on any envelope when communicating with a consumer ( Me ) by use of the mails or by telegram, except that a debt collector ( Ally bank ) may use his business name if such name does not indicate that he is in the debt collection business.

Ally bank Violated 15 U.S. Code 6802 ( e ) 2 Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information with the consent or at the direction of ( me ) the consumer ; Ally bank Liable under 15 U.S. Code 1692k ( a ) 1 Amount of damagesExcept as otherwise provided by this section, any debtcollector ( Ally bank ) who fails to comply with any provision of this subchapter with respect to any person ( XXXX XXXX ) Ally bank is liable to such person ( XXXX XXXX ) in an amount equal to the sum of any actual damage sustained by such person as a result of such failure Ally bank is Liable under 15 U.S. Code 1692k ( a ) 3 Amount of damagesExcept as otherwise provided by this section, any debtcollector ( Ally bank ) who fails to comply with any provision of this subchapter with respect to any person ( XXXX XXXX XXXX  Ally bank is liable to such person ( XXXX XXXX ) in an amount equal to the sum of in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs. 
Account name : Ally bank ( Harming ) Account number : XXXX ( previously disputed ) is inaccurate reporting Therefore delete account off my consumer report due to my FCRA Rights. 
All 3 credit reporting agencies violated 15U.S.C 1681a ( 2 ) a ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; everything is supposed to be accurate and if its the same account and its not saying the same thing its not accurate. See Red marks on Attached. 
I, XXXX XXXX exercise my right to rescission! I wish to rescind because I am still within the applicable rescission period ANY HOLDER ( Ally bank ) OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 
In adopting this Rule the Commission determined that it constitutes an unfair and deceptive practice within the meaning of Section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) for a seller ( Ally bank ), in the course of financing a consumer purchase of goods or services, to employ procedures which make the consumer 's duty to pay independent of the seller 's ( Ally ) duty to fulfill ( XXXX XXXX ) s obligations. 
Breach of warranty, misrepresentation and even fraud the creditor ( Ally bank ) is demanding payment from ( me ) the consumer, even though they have not fulfill their duties, by giving all disclosures and notice to me, the consumer, which constitutes as a deceptive practice by not providing me with concise, conspicuous notices, they can not be holder in due course Allys willful negligence has harmed me!!!!!! after previous disputes, they have shuffled the dates which is illegal Violation of 15U.S.C 1681 ( S ) 2. This is inaccurate reporting rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. [ 1 ] Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract.

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