Consumer complaint received 2024-10-21
Product: Vehicle loan or lease — Lease
Issue: Problems at the end of the loan or lease — Problem with paying off the loan
Company: HYUNDAI CAPITAL AMERICA (WI)

Over the term of my lease with Kia Finance, I meticulously ensured that every payment was made on time. I have always taken my financial obligations seriously and have strived to maintain an impeccable credit history. However, at the conclusion of my lease, I was subjected to a series of miscommunications and administrative failures that have unjustly resulted in derogatory marks on my credit report. 

First and foremost, I want to emphasize that I provided Kia Finance with my updated residential and email addresses on multiple occasions. Despite this, I did not receive timely or accurate communication regarding my final balance. The one email I did receive contained an attachment in an unusable file format, effectively preventing me from accessing the information I needed. This failure to communicate in a clear and accessible manner not only violates basic customer service standards but may also constitute a breach of 15 U.S. Code 1692d, which prohibits conduct that harasses, oppresses, or abuses any person in connection with the collection of a debt. 

Subsequent attempts to resolve the matter were met with conflicting and inconsistent information from various representatives at Kia Finance. This lack of clarity and the contradictory guidance I received are deeply troubling and may be seen as a violation of 15 U.S. Code 1692e, which prohibits false, deceptive, or misleading representations regarding the debt. 

After months of confusion and frustration, I eventually received a lettersent to an outdated address in Florida, where I had not resided in years, despite my repeated notifications of my correct address. This egregious oversight in updating my contact information, despite my diligent efforts, may violate 15 U.S. Code 1681s-2 ( a ), which requires furnishers to provide accurate and complete information to consumer reporting agencies. 

Upon finally receiving this misdirected letter, I immediately paid the balance in full. Despite this, my credit report now inaccurately reflects late payments, which have had a profoundly negative impact on my financial standing. This inaccurate reporting is not only unjust but also likely a violation of 15 U.S. Code 1681e ( b ), which mandates that consumer reporting agencies follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual. 

Moreover, when I contacted the dealership where I returned the vehicle, I was informed that the documentation I signed upon returning the car could not be located. The disappearance of this critical document raises serious concerns about the adequacy of record-keeping practices and further compounds the injustice I have experienced. 

These errors have not only damaged my credit but have also caused significant stress and hardship for me and my family. The negative marks on my credit report are a direct result of Kia Finances systemic failures, not mine. Therefore, I am formally requesting that Kia Finance take immediate corrective action by removing all negative remarks, including any late payment history, from my credit report.

As you are aware, the Fair Credit Reporting Act ( FCRA ), 15 U.S. Code 1681, et seq., and the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S. Code 1692, et seq., provide consumers with the right to dispute inaccurate information and to expect that companies like Kia Finance will uphold the highest standards of accuracy and fairness. The circumstances surrounding my account clearly demonstrate that these standards have not been met.

I trust that Kia Finance will recognize the gravity of this situation and act promptly to correct the inaccuracies on my credit report. Should Kia Finance fail to address this matter appropriately, I am prepared to escalate my dispute by filing formal complaints with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ), and by seeking all available legal remedies under 15 U.S. Code 1681n, which provides for civil liability for willful noncompliance with the FCRA. 

This document provides a comprehensive and detailed account of the interactions between XXXX and XXXX XXXX and various Kia Finance America employees regarding the buyout of their leased XXXX Kia Finance XXXX XXXX. Despite their consistent and earnest efforts to resolve the issue, XXXX and XXXX XXXX were repeatedly met with negligence, misinformation, and unfulfilled promises by Kia Finance America representatives. This narrative highlights significant mismanagement and a lack of proper communication on the part of Kia Finance America, which caused undue stress and frustration for the XXXX and is now having a significant impact on the XXXX mental and financial wellbeing. 

Chronological Account of Events 1. Initial Contact : The Beginning of Negligence and Legal Violations On XX/XX/XXXX, XXXX XXXX initiated contact with Kia Finance America to discuss the buyout of their XXXX Kia Finance XXXX XXXX lease. During this conversation with XXXX XXXX, a Kia Finance America employee, XXXX provided the Vehicle Identification Number ( VIN ), personal information, and all necessary details to facilitate the buyout process. XXXX assured XXXX that he would gather the required information and follow up within two hours. However, despite these assurances, there was no follow-up from XXXX. 

Legal Analysis : - UCC Section 2-609 : Right to Adequate Assurance of Performance : Under the UCC, a party may demand adequate assurance of due performance when reasonable grounds for insecurity arise. The failure to follow up after promising to do so created reasonable grounds for insecurity on the part of the XXXX, entitling them to demand such assurance. XXXX failure to respond could be construed as a breach of this statutory obligation. 

- Case Law Reference : XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : In this landmark case, the New York Court of Appeals held that a party 's failure to provide adequate assurance of performance when requested constituted a breach of contract. This precedent supports the argument that Kia Finance Americas lack of follow-up could be considered a breach of their contractual duties under the UCC. 

2. Continued Efforts : The Emergence of Deceptive Practices Between XXXX and XXXX, XXXX made numerous attempts to resolve the issue, contacting multiple Kia Finance America employees. During a call with XXXX from XXXX Kia Finance America on XX/XX/XXXX, XXXX was informed that there was an urgency to the situation that had not been previously communicated. XXXX statements directly contradicted the information provided by XXXX XXXX, creating confusion and mistrust. 

Legal Analysis : - State Consumer Protection Laws : Unfair and Deceptive Acts or Practices ( UDAP ) : Many states have laws that prohibit businesses from engaging in unfair or deceptive acts or practices. The conflicting information provided by Kia Finance America employees could be seen as a deceptive practice, violating these consumer protection laws. 

- Case Law Reference : Federal Trade Commission XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : In this case, the Supreme Court held that misleading representations made to consumers constitute a deceptive practice under the Federal Trade Commission Act. The principles established in this case are mirrored in state UDAP laws and can be applied to the contradictory information provided to the XXXX. 

3. The Impact of Neglect : Escalating Frustration and Potential Breach of Contract By XX/XX/XXXX, XXXX XXXX also became involved in trying to resolve the issue. Despite making multiple calls to Kia Finance America, XXXX was unable to obtain the buyout amount and wiring instructions. The repeated failures by Kia Finance America employees to provide the necessary information caused significant emotional distress and financial uncertainty for the XXXX. 

Legal Analysis : - Breach of Contract : The lease agreement between the Furrhs and Kia Finance America likely imposed obligations on Kia Finance America to provide timely and accurate information regarding the buyout process. The repeated failures to do so could constitute a material breach of contract, entitling the XXXX to seek damages for the harm caused. 
- Case Law Reference : XXXX v. XXXX, XXXX XXXX. XXXX ( XXXX ) : This seminal XXXX case established the rule that damages for breach of contract are recoverable only if they are reasonably foreseeable. Given the foreseeability of the harm caused by Kia Finance Americas failure to provide accurate information, the XXXX may be entitled to recover damages for both the financial and emotional harm they suffered. 

4. Final Attempts : Continued Mismanagement and Violations of Federal Law Over time, the situation with Kia Finance America escalated significantly. On XX/XX/XXXX, during a call with Kia Finance America customer service, XXXX was informed of additional charges related to excess wear and tear on the vehiclecharges he adamantly contested. When XXXX requested a copy of the inspection report to substantiate these claims, he was informed that no copies were kept and that he would not be granted access to such documents. 
Despite repeated requests from XXXX XXXX for any form of documentation to justify the charges, Kia Finance America delayed their response for months. When they finally provided an email attachment, the file format was incompatible with standard consumer devices. This effectively left XXXX XXXX without the documentation he had been seeking. The use of an uncommon file type suggested either an oversight or an intentional act, given that Kia Finance America 's customer service should have been aware that such a format was inaccessible for the average consumer. 
In XXXX, after months of requesting proper documentation, XXXX XXXX finally received a letter from Kia Finance America, and upon reviewing it, he promptly settled the amount due. However, the letter was inexplicably sent to an outdated Florida address despite the fact that Kia Finance America had been provided with XXXX XXXX updated address on multiple occasions. Had the letter been sent to the correct address, the issue of late payment could have been entirely avoided. 

Legal Analysis : - Fair Credit Reporting Act ( FCRA ) : If Kia Finance America reported late payments to credit bureaus while failing to ensure that critical correspondence, such as the notice of charges, was sent to XXXX XXXX correct and updated address, they may have violated the FCRA. The Act mandates that businesses ensure the accuracy of the information they provide to credit bureaus. By sending the letter to an outdated address despite having multiple updates of his current address, Kia Finance America could be seen as negligent in maintaining accurate customer records, potentially resulting in unfair harm to XXXX XXXX 's credit. 

- Failure to Provide Accessible Documentation : The decision to send XXXX XXXX an email attachment in a file format that was not accessible on standard consumer devices raises significant concerns regarding Kia Finance Americas good faith efforts to provide proper documentation. Under consumer protection laws, companies are expected to act in a manner that is fair and reasonable. By sending an inaccessible file format, Kia Finance America effectively prevented XXXX XXXX from reviewing the documentation necessary to understand and dispute the charges. This delay in access could be viewed as obstructing his ability to settle the matter in a timely manner. 

- Unconscionability in Contract Performance : Kia Finance Americas actions could potentially be challenged under the doctrine of unconscionability, which prohibits one party from taking unfair advantage of the other in contract performance. By sending crucial correspondence to an outdated address and delivering documentation in an unusable format, Kia Finance America may have acted in a manner that was unreasonable and unfair to XXXX XXXX. If Kia Finance America 's failure to deliver the necessary information caused him undue delay in making payments, this could further support a claim of bad faith. 

- Case Law References : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : ** The Supreme Court held that the FCRA is violated when a company willfully or negligently fails to ensure the accuracy of information reported to credit bureaus. In this case, Kia Finance America 's failure to maintain accurate contact information for XXXX XXXX could be considered negligent. 
- Case Law References : XXXX XXXX XXXX XXXX v. XXXX, XXXX XXXX XXXX ( XXXX ) : ** The Court stressed the importance of clear and accessible disclosure under consumer protection laws. Kia Finance Americas failure to provide readable documentation and its mismanagement of XXXX XXXX address could be construed as a failure to fulfill its obligations under this legal precedent. 




5. The Final Impact : A Summary of Legal Violations and Potential Remedies The culmination of these events not only underscores Kia Finance Americas negligence and mismanagement but also reveals potential violations of both state and federal law. The Furrhs have suffered significant emotional distress and financial harm as a result of Kia Finance Americas actions, and they may be entitled to seek legal remedies, including compensatory and punitive damages. 

Legal Remedies : - Compensatory Damages : To cover financial losses directly attributable to Kia Finance Americas actions, including any impact on the XXXX credit rating and additional costs incurred due to Kia Finance Americas failure to provide timely and accurate information. 


- Punitive Damages : In cases where the defendants conduct is found to be particularly egregious, punitive damages may be awarded to deter similar behavior in the future.

- Attorneys Fees : Under the FCRA, TILA, and many state UDAP laws, prevailing plaintiffs may be entitled to recover their attorneys fees, which would further increase Kia Finance Americas financial liability. 

Conclusion This document provides a comprehensive analysis of how Kia Finance America Finance Americas actions may have violated multiple legal frameworks, from the Uniform Commercial Code to federal consumer protection statutes. The intertwined narrative of events and legal analysis presents a compelling case for the XXXX to seek redress for the harm they have suffered. It is imperative that Kia Finance America acknowledge these violations and take immediate steps to rectify the situation, including providing full compensation to the XXXX and ensuring that such failures do not occur with other customers in the future. 

This document provides a comprehensive and detailed account of the interactions between XXXX and XXXX XXXX and various Kia Finance America employees regarding the buyout of their leased XXXX Kia Finance America XXXX. Despite their consistent and earnest efforts to resolve the issue, XXXX and XXXX XXXX were repeatedly met with negligence, misinformation, and unfulfilled promises by Kia Finance America representatives. This narrative highlights significant mismanagement and a lack of proper communication on the part of Kia Finance America, which caused undue stress and frustration for the XXXX and is now having a significant impact on the XXXX mental and financial wellbeing. 

Chronological Account of Events 1. Initial Contact : The Beginning of Negligence and Legal Violations On XX/XX/XXXX, XXXX XXXX initiated contact with Kia Finance America to discuss the buyout of their XXXX Kia Finance America XXXX lease. During this conversation with XXXX XXXX, a Kia Finance America employee, XXXX provided the Vehicle Identification Number ( VIN ), personal information, and all necessary details to facilitate the buyout process. XXXX assured XXXX that he would gather the required information and follow up within two hours. However, despite these assurances, there was no follow-up from XXXX. 

Legal Analysis : - UCC Section 2-609 : Right to Adequate Assurance of Performance : Under the UCC, a party may demand adequate assurance of due performance when reasonable grounds for insecurity arise. The failure to follow up after promising to do so created reasonable grounds for insecurity on the part of the XXXX, entitling them to demand such assurance. XXXX failure to respond could be construed as a breach of this statutory obligation. 

- Case Law Reference : XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : In this landmark case, the New York Court of Appeals held that a party 's failure to provide adequate assurance of performance when requested constituted a breach of contract. This precedent supports the argument that Kia Finance Americas lack of follow-up could be considered a breach of their contractual duties under the UCC. 

2. Continued Efforts : The Emergence of Deceptive Practices Between XXXX and XXXX, XXXX made numerous attempts to resolve the issue, contacting multiple Kia Finance America employees. During a call with XXXX from XXXX Kia Finance America on XX/XX/XXXX, XXXX was informed that there was an urgency to the situation that had not been previously communicated. XXXX statements directly contradicted the information provided by XXXX XXXX, creating confusion and mistrust. 

Legal Analysis : - State Consumer Protection Laws : Unfair and Deceptive Acts or Practices ( UDAP ) : Many states have laws that prohibit businesses from engaging in unfair or deceptive acts or practices. The conflicting information provided by Kia Finance America employees could be seen as a deceptive practice, violating these consumer protection laws. 

- Case Law Reference : Federal Trade Commission XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : In this case, the Supreme Court held that misleading representations made to consumers constitute a deceptive practice under the Federal Trade Commission Act. The principles established in this case are mirrored in state UDAP laws and can be applied to the contradictory information provided to the XXXX. 

3. The Impact of Neglect : Escalating Frustration and Potential Breach of Contract By XX/XX/XXXX, XXXX XXXX also became involved in trying to resolve the issue. Despite making multiple calls to Kia Finance America, XXXX was unable to obtain the buyout amount and wiring instructions. The repeated failures by Kia Finance America employees to provide the necessary information caused significant emotional distress and financial uncertainty for the XXXX. 

Legal Analysis : - Breach of Contract : The lease agreement between the Furrhs and Kia Finance America likely imposed obligations on Kia Finance America to provide timely and accurate information regarding the buyout process. The repeated failures to do so could constitute a material breach of contract, entitling the XXXX to seek damages for the harm caused. 
- Case Law Reference : XXXX v. XXXX, XXXX XXXX. XXXX ( XXXX ) : This seminal English case established the rule that damages for breach of contract are recoverable only if they are reasonably foreseeable. Given the foreseeability of the harm caused by Kia Finance Americas failure to provide accurate information, the XXXX may be entitled to recover damages for both the financial and emotional harm they suffered. 

4. Final Attempts : Continued Mismanagement and Violations of Federal Law Over time, the situation with Kia Finance America escalated significantly. On XX/XX/XXXX, during a call with Kia Finance America customer service, XXXX was informed of additional charges related to excess wear and tear on the vehiclecharges he adamantly contested. When XXXX requested a copy of the inspection report to substantiate these claims, he was informed that no copies were kept and that he would not be granted access to such documents. 
Despite repeated requests from XXXX XXXX for any form of documentation to justify the charges, Kia Finance America delayed their response for months. When they finally provided an email attachment, the file format was incompatible with standard consumer devices. This effectively left XXXX XXXX without the documentation he had been seeking. The use of an uncommon file type suggested either an oversight or an intentional act, given that Kia Finance America 's customer service should have been aware that such a format was inaccessible for the average consumer. 
In XXXX, after months of requesting proper documentation, XXXX XXXX finally received a letter from Kia Finance America, and upon reviewing it, he promptly settled the amount due. However, the letter was inexplicably sent to an outdated Florida address despite the fact that Kia Finance America had been provided with XXXX XXXX updated address on multiple occasions. Had the letter been sent to the correct address, the issue of late payment could have been entirely avoided. 

Legal Analysis : - Fair Credit Reporting Act ( FCRA ) : If Kia Finance America reported late payments to credit bureaus while failing to ensure that critical correspondence, such as the notice of charges, was sent to XXXX XXXX correct and updated address, they may have violated the FCRA. The Act mandates that businesses ensure the accuracy of the information they provide to credit bureaus. By sending the letter to an outdated address despite having multiple updates of his current address, Kia Finance America could be seen as negligent in maintaining accurate customer records, potentially resulting in unfair harm to XXXX XXXX 's credit. 

- Failure to Provide Accessible Documentation : The decision to send XXXX XXXX an email attachment in a file format that was not accessible on standard consumer devices raises significant concerns regarding Kia Finance Americas good faith efforts to provide proper documentation. Under consumer protection laws, companies are expected to act in a manner that is fair and reasonable. By sending an inaccessible file format, Kia Finance America effectively prevented XXXX XXXX from reviewing the documentation necessary to understand and dispute the charges. This delay in access could be viewed as obstructing his ability to settle the matter in a timely manner. 

- Unconscionability in Contract Performance : Kia Finance Americas actions could potentially be challenged under the doctrine of unconscionability, which prohibits one party from taking unfair advantage of the other in contract performance. By sending crucial correspondence to an outdated address and delivering documentation in an unusable format, Kia Finance America may have acted in a manner that was unreasonable and unfair to XXXX XXXX. If Kia Finance America 's failure to deliver the necessary information caused him undue delay in making payments, this could further support a claim of bad faith. 

- Case Law References : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : ** The Supreme Court held that the FCRA is violated when a company willfully or negligently fails to ensure the accuracy of information reported to credit bureaus. In this case, Kia Finance America 's failure to maintain accurate contact information for XXXX XXXX could be considered negligent. 
- Case Law References : XXXX XXXX XXXX XXXX v. XXXX, XXXX XXXX XXXX ( XXXX ) : ** The Court stressed the importance of clear and accessible disclosure under consumer protection laws. Kia Finance Americas failure to provide readable documentation and its mismanagement of XXXX XXXX address could be construed as a failure to fulfill its obligations under this legal precedent. 




5. The Final Impact : A Summary of Legal Violations and Potential Remedies The culmination of these events not only underscores Kia Finance Americas negligence and mismanagement but also reveals potential violations of both state and federal law. The Furrhs have suffered significant emotional distress and financial harm as a result of Kia Finance Americas actions, and they may be entitled to seek legal remedies, including compensatory and punitive damages.

Legal Remedies : - Compensatory Damages : To cover financial losses directly attributable to Kia Finance Americas actions, including any impact on the XXXX credit rating and additional costs incurred due to Kia Finance Americas failure to provide timely and accurate information.

- Punitive Damages : In cases where the defendants conduct is found to be particularly egregious, punitive damages may be awarded to deter similar behavior in the future.

- Attorneys Fees : Under the FCRA, TILA, and many state UDAP laws, prevailing plaintiffs may be entitled to recover their attorneys fees, which would further increase Kia Finance Americas financial liability. 

Conclusion This document provides a comprehensive analysis of how Kia Finance America Finance Americas actions may have violated multiple legal frameworks, from the Uniform Commercial Code to federal consumer protection statutes. The intertwined narrative of events and legal analysis presents a compelling case for the XXXX to seek redress for the harm they have suffered. It is imperative that Kia Finance America acknowledge these violations and take immediate steps to rectify the situation, including providing full compensation to the XXXX and ensuring that such failures do not occur with other customers in the future. 

I sincerely hope that it does not come to that. I believe in Kia Finance 's commitment to customer service and fairness, and I trust that you will take this opportunity to rectify the situation and restore the accuracy of my credit report. 

Thank you for your prompt attention to this matter. I look forward to your response and to resolving this issue amicably and in full compliance with the law.