Consumer complaint received 2024-11-25
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: CREDIT ACCEPTANCE CORPORATION (AL)

From the desk of XXXX XXXX XXXX XXXX XX/XX/XXXX Credit Acceptance Corporation XXXX XXXX XXXX XXXX XXXX XXXX, MI XXXX Subject : Demand for Resolution of Consumer Law Violations and Inaccurate Credit Reporting ( Account : [ XXXX ] ) Dear Credit Acceptance Corporation, I am writing to formally dispute the handling of my auto financing agreement and related account issues, as well as to demand immediate corrective action. Below, I outline specific violations of federal and state laws, including the Truth in Lending Act ( TILA ), the Alabama Motor Vehicle Lemon Law, and consumer protection statutes. 

Summary of Issues 1.Failure to Disclose Terms of Extended Warranty and Service Contracts At the time of purchase XX/XX/XXXX of the XXXX XXXX XXXX XXXX VIN : XXXX, Odometer : XXXX miles ), the terms of the extended warranty and service contracts were not properly disclosed. This lack of transparency constitutes a violation of the Truth in Lending Act ( TILA, 15 U.S.C. 1601 et seq. ) and Alabamas Consumer Protection Act.

2.Replacement of Vehicle with XXXX XXXX XXXX XXXX documentation. 
13 days after the purchase, when the XXXX XXXX required significant repairs, First Class Auto Sales replaced the vehicle on XX/XX/XXXX with a XXXX XXXX XXXX ( XXXX : XXXX, Odometer : XXXX miles ) This replacement was also inadequately documented nor conducted with full disclosure of the financial impact on the financing agreement. 

3.Fraudulent Financing Charges The financing agreement includes the following terms : Total Sale Price : {$23000.00} Down Payment : {$4500.00} Amount Financed : {$10000.00} Finance Charge : {$8500.00} Annual Percentage Rate ( XXXX ) : 22.99 % Payment Amount : {$280.00} for 66 months ( beginning XX/XX/XXXX ) These terms are excessive, and the financing charges appear to include fraudulent or predatory elements. Furthermore, these terms were not disclosed in a clear and conspicuous manner, as required by the TILA. 

4.Negative Credit Reporting for Closed Account Credit Acceptance Corporation has been furnishing negative information to the credit reporting agencies ( CRAs ) despite being aware that the account for the XXXX XXXX has been closed. Reporting a closed account as active and delinquent is a direct violation of the Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681 ) and subjects CAC to liability under federal law.

Legal Violations 1.Truth in Lending Act ( TILA ) CAC and its affiliated dealership, First Class Auto Sales, failed to provide clear and accurate disclosures regarding the financing terms, extended warranty, and service contracts. This is a violation of TILAs requirement for transparent disclosures of credit terms. 

2.Fair Credit Reporting Act ( FCRA ) Reporting false or outdated information to CRAs is unlawful under the FCRA. The negative reporting of a closed account damages my creditworthiness and constitutes a willful violation of consumer rights.

3.Alabama Motor Vehicle Lemon Law ( XXXX Code of Alabama, XXXX XXXX, Chapter XXXX ) The replacement of the defective XXXX XXXX  XXXX XXXX XXXX XXXX without proper documentation or clear communication violates my rights under Alabamas Lemon Law, which mandates fair and equitable resolutions for defective vehicles.

4.Unfair and Deceptive Practices The improper handling of my financing agreement, combined with fraudulent charges and lack of disclosures, violates Alabamas Deceptive Trade Practices Act and consumer protection laws.

Demand for Resolution I request that Credit Acceptance Corporation take the following actions immediately : 1.Provide Full Disclosure : Supply all documentation related to the original financing agreement, including terms of the extended warranty and service contracts.

2.Correct Credit Reporting : Remove all inaccurate and negative information regarding the XXXX XXXX account from all credit reporting agencies ( XXXX, XXXX, and XXXX ) and provide written confirmation of this correction. 
3.Refund or Adjust Financing Terms : Refund any overcharged amounts in connection with the original XXXX XXXX  agreement or adjust the financing terms to reflect lawful and fair charges.

4.Provide Documentation of the Replacement Agreement : Supply a copy of all documents related to the replacement of the XXXX XXXX  XXXX XXXX XXXX XXXX XXXX including a detailed breakdown of the financial impact. 

Notice of Intent to Escalate If I do not receive a satisfactory resolution within 30 days of this letter, I will take the following actions : 1.File formal complaints with the following regulators : Consumer Financial Protection Bureau ( CFPB ) Alabama Attorney Generals Office - Consumer Protection Division Federal Trade Commission XXXX FTC ) Better Business Bureau XXXX XXXX  ) 2.Pursue legal action for damages caused by CACs violations of the Truth in Lending Act, Fair Credit Reporting Act, and Alabama consumer protection laws XXXX 

Please direct all correspondence to the contact information provided above. 

Sincerely, XXXX XXXX