Consumer complaint received 2023-12-20
Company: CREDIT ACCEPTANCE CORPORATION
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
In Credit Acceptance 's previous response to my CFPB complaint, they mentioned the late payment information they are furnishing on my consumer report to the consumer reporting agencies was accurate information and they provided transaction history as evidence supporting such accuracy. However I made Credit Acceptance aware that transaction history is insufficient evidence in supporting that the alleged payments reporting as late is accurate information.

According to the FCRA 15 U.S.Code 1681a ( 2 ) ( i ) My transactions and experiences with Credit Acceptance are to be excluded from my consumer report.

As youll see from the attached consumer reports, Credit Acceptance has inconsistently reported late payment information, which is not congruent across all consumer report
ing agencies consistently since XXXX XXXX XXXX. As a result, I can confirm that Credit Acceptance have inaccurately furnished several late payment information to the consumer reporting agencies and that they are in clear violation of the law.

According to federal law 15 U.S. Code 1666b As a creditor under federal law ; in order for Credit Acceptance to treat a payment as late they must prove that : The information required under 15 USC 1637 ( b ) was mailed or delivered to me 21 Days before each payment due date.

15 USC 1637 ( b ) is very specific on all required information needed or that must be mailed or delivered to the consumer.

Credit Acceptance can not treat any payment as late without complying with this section of the law! Ive requested in good faith under rule 1002 the documents that show proof that the information pursuant to 15 USC 1666b and 1637 ( b ) of this title was mailed out or delivered 21 days before the payment due date.

Ive made Credit Acceptance aware that if they can not provide the proof of the mailing or delivery of the information required by 15 usc 1666b and 1637 ( b ) they can not treat or furnish a payment as late and they must delete all late payment information including transactions they have been listed on my consumer report.

In addition, when providing such information, the process must be certified by an agent that the information is accurate. I am requesting the Certification of accuracy and the agent/s that were involved in the certification process, that certified that the information is complete and accurate.

Furthermore, as a furnisher under the Fair Credit Reporting Act to properly report this information as accurate and verified, Credit Acceptance must have sufficient evidence to support the conclusion that the information was true, and in doing this the conditions required by 15 USC 1666b must be met.

Because Credit Acceptance has a duty to and is required to furnish accurate information to the consumer reporting agencies & takes its obligations to report accurately seriously, unless Credit Acceptance submits proof of compliance with section 15 USC 1681a ( 2 ) Ai and 15 USC 1666b & 1637 ( b ), they may not report ANY late payment information to the consumer reporting agencies including but not limited to ; Account Status, payment history, past due Balances.

Because Credit Acceptance has a duty to and is required to furnish accurate information to the consumer reporting agencies & takes its obligations to report accurately seriously, if the evidence available to Credit Acceptance is insufficient to establish the truth or falsity of the disputed information, then, under the statutory framework, Credit Acceptance as the furnisher must report that its investigation concluded that the disputed information can not be verified and it may be appropriate to delete any mentions of the missed payments while continuing to report other information about the account.

I am demanding Credit Acceptance to delete the late payment information they are furnishing to the Consumer Reporting Agencies from my account.

Credit Acceptance has infringed upon my privacy rights by providing my nonpublic personal information to third party companies such as XXXX, XXXX, and XXXX. Within their privacy policy, it is mentioned my nonpublic personal information to non affiliates will not be shared. XXXX, XXXX, XXXX, XXXX, and XXXX XXXX XXXX are all third party companies. 

Credit Acceptance also mentioned in their previous response that I can not opt out of credit reporting because I financed a vehicle through credit acceptance. I politely request Credit Acceptance to provide such law/evidence supporting such claim.

According to federal law, Credit Acceptance is to provide a method for which I can prevent them from disclosing my nonpublic personal information by way of opting out.

Pursuant to 12 CFR 1016.7 & 15 U.S. Code 6802 before the time that any of my nonpublic personal information is initially disclosed, specifically to the consumer reporting agencies, to direct that such information not be disclosed to such third party ; and I am given an explanation of how I can exercise my right to opt out.

Pursuant to 12 CFR 1016.7 ( g ) a consumer may exercise the right to opt out any time.

As a federally protected consumer, I put Credit Acceptance on notice I am now opting out of any and all authorization I the consumer may have given them, written, unwritten, verbal, and nonverbal ( in disclosing my nonpublic personal information ) per 15 U.S.Code 6208.

In accordance with 12 CFR 1016.7 ( h ) & ( i ) Credit Acceptance must comply with the consumer direction to opt out as soon as reasonably practicable after receiving such notice and such direction to opt out shall be effective until the consumer revokes it in writing or, if the consumer agrees, electronically.

The Following statutes referenced, Credit Acceptance has not fully compiled with.

By Credit Acceptance furnishing my transactions and experiences with their company along with attempting to use transactional history as sufficient evidence on my consumer report to the consumer reporting agencies, when it is to be excluded is a violation of the FCRA 15 U.S.Code 1681a ( 2 ) ( i ).

By Credit Acceptance failing to proceed in accordance with the requirements for a creditor to treat the payments your furnishing from XX/XX/XXXX to XX/XX/XXXX as late and failing to provide the required information and proof of such information being mailed or delivered to me, is a violation of 15 U.S. Code 1666b & 1637 ( b ). 

By Credit Acceptance furnishing any late payment information to any consumer reporting agency without being in compliance with 15 USC 1666b & 1637 ( b ) is a violation of 15 U.S. Code 1666b & 1637 ( b ).

By me the consumer notifying Credit Acceptance about the specified information being inaccurate and them continuing to furnish any late payment information to any consumer reporting agency knowing theyre not in compliance with 15 usc 1666b which means the information is inaccurate is a violation of the FCRA 15 USC 1681s-2.

By Credit Acceptance refusing me my right to protect my nonpublic personal information from being disclosed to the consumer reporting agencies is a violation of the Privacy Act of XXXX. 

By Credit Acceptance refusing me my right to opt out of sharing my nonpublic personal information with the consumer reporting agencies is a violation of 12 CFR 1016.7 & 15 U.S. Code 6802.

In conclusion, Credit Acceptance has failed to fully comply with various laws. Credit Acceptance has clear requirements and responsibilities as a Financial Institution, a Creditor, and a Furnisher in accordance with federal law. They have been made aware and put on notice, Credit Acceptance must be held liable for any amount equal to the sum of the cost of action taken to enforce any liability including but not limited to attorney fees and any damages i've occurred due to the result of them continuously willfully and/or negligently failing to comply with any law herein.

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