Consumer complaint received 2023-07-11
Company: TMX Finance LLC
State: GA
Product: Money transfer, virtual currency, or money service
Sub-product: Mobile or digital wallet
Issue: Unauthorized transactions or other transaction problem

Complaint:
I am writing to further emphasize the complaint I lodged against Title Max for their violations of the specific provisions outlined in 15 USC 1666 - Correction of Billing Errors Sections A, B, C, D, and E. In addition to the violations previously mentioned, I want to bring to your attention that Title Max is attempting to collect funds related to the billing error and has placed my vehicle in repossession status based on my refusal to pay disputed funds.

Below, I have included each section of 15 USC 1666 that Title Max has violated : Section A - Prompt Notification of Billing Errors : Title Max failed to promptly notify me of ststus billing errors identified in my account. Section A states, " If a creditor receives a billing error notice ... the creditor shall acknowledge receipt of the notice in writing within 30 days of receiving it unless the action required is taken within that period ; and conduct a reasonable investigation of the alleged billing error. '' Section B - Investigation and Resolution of Billing Errors : Title Max neglected to conduct a thorough investigation into the billing errors I reported. Section B states, " After receiving a billing error notice ... a creditor shall ... make appropriate corrections in the account of the consumer or send a written explanation or clarification to the consumer... provide the consumer with a written explanation of the results of the investigation and, if the investigation reveals that an error occurred, make the appropriate corrections to the consumer 's account. '' Section C - Crediting of Payments and Resolution of Disputes : Title Max has attempted to collect funds related to the billing error and has placed my vehicle in repossession status based on my refusal to pay disputed funds. Section C states, " If a consumer, in good faith, complies with the requirements imposed on a consumer... the creditor may not take any action ... to collect the amount in dispute ... during the pendency of the investigation and one subsequent billing cycle ... and shall not impose any charge on the consumer... with respect to the amount. '' Section D - Protection of Consumer 's Account : Title Max has initiated repossession proceedings against my vehicle despite the ongoing billing errors and my objection to paying those amounts. Section D states, " If a creditor has reason to believe that a transaction has been or may be affected by unauthorized use of a credit card ... the creditor may not take any action ... and shall not impose any charge on the consumer... except that if the cardholder furnishes the creditor with evidence of theft, loss, or unauthorized use of the credit card, the liability of the cardholder shall not exceed {$0.00}. '' Section E - Enforcement and Remedies : Title Max 's actions violate the enforcement and remedies provided under Section E. Section E states, " Any creditor who fails to comply with any requirement ... FORFIETS THE RIGHT TO COLLECT FROM THE OBLIGITOR and shall be liable to the cardholder in an amount equal to the sum of any actual damage sustained by the cardholder as a result of the failure and, in the case of any successful action to enforce the foregoing liability, the costs of the action together with reasonable attorney fees as determined by the court. '' I kindly request that the Consumer Financial Protection Bureau includes this additional violation in your investigation and takes appropriate action to ensure that Title Max ceases all collection efforts related to the disputed funds and immediately halts the repossession proceedings against my vehicle. Moreover, I urge the Bureau to enforce the necessary remedies and sanctions to hold Title Max accountable for their wrongful actions.

Enclosed with this letter, you will find additional documentation, including correspondence, statements, and any relevant evidence, which supports my claim that Title Max is attempting to collect funds despite the ongoing dispute and has initiated repossession proceedings against my vehicle. These documents serve as further evidence of Title Max 's persistent violations of 15 USC 1666 and their disregard for consumer rights.

I want to bring to your attention that Title Max has blocked my access to my online account, leading to further consequences for their violation of consumer rights.

Title Max 's decision to block my access to my online account is a direct violation of Section B of 15 USC 1666, which requires the creditor to make appropriate corrections to the consumer 's account and provide a written explanation or clarification of the billing errors. By impeding my access, Title Max has prevented me from monitoring and managing my account, hindering my ability to address the disputed billing errors and seek appropriate resolutions.

In light of Title Max 's violation, it is essential to note that they can not recover or take any adverse actions against me based on this violation. According to Section E of 15 USC 1666, any creditor who fails to comply with the requirements of the statute is liable to the consumer for any actual damages sustained as a result of the violation. Therefore, any attempts by Title Max to enforce collection efforts, impose charges, or pursue repossession based on the disputed funds would be invalid and further violations of the law.

I kindly request that the Consumer Financial Protection Bureau includes this information in your investigation and takes appropriate action to ensure that Title Max refrains from any adverse actions against me based on the blocked access to my online account. Additionally, I urge the Bureau to enforce the necessary remedies and sanctions to hold Title Max accountable for their violations and to prevent any further adverse consequences on my account.

I appreciate your attention to this matter and your efforts to protect consumers from the unfair practices of financial institutions. I trust that the Consumer Financial Protection Bureau will thoroughly investigate Title Max 's actions, ensuring that they are held accountable for their violations and that appropriate remedies are provided to rectify the situation.

Thank you for your continued support, and I eagerly await a swift resolution and the restoration of my consumer rights in this matter.

Company response to consumer: Closed with explanation