Consumer complaint received 2024-09-19
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: General Motors Financial Company, Inc. (TX)

GM Financial Subject : Immediate Demand for Removal of Unlawful Late Fees and Late Payments Due to Violations of the Truth in Lending Act ( 15 U.S.C. 1666b ) and Ongoing App Malfunctions I am writing to demand immediate action regarding the ongoing violations of 15 U.S.C. 1666b ( Truth in Lending Act ) by GM Financial, which has led to the improper and illegal assessment of late fees on my account. As you are well aware, 15 U.S.C. 1666b requires that periodic statements be sent to me at least 21 days before the payment due date. GM Financial failure to comply with this federal law has resulted in unlawful late fees and reported late payments. 
In addition to your legal violation, I have experienced persistent malfunctions with the GM Financial app that have obstructed my ability to access my account statements and manage my payments online. I have repeatedly reported this issue to GM Financial, and your only response has been to suggest that I pay through the automated system. This is an unacceptable and insufficient solution, as it does not address the fact that I was unable to review my statements to ensure my payments were on time and accurate. 
My Non-Negotiable Demands : 1. Provide Proof of Compliance : I demand that GM Financial provide verifiable documentation showing that periodic statements were sent to me at least 21 days before each payment due date. This proof must include logs of when and how the statements were sent, in compliance with 15 U.S.C. 1666b.

If you can not provide this documentation, it will be taken as confirmation that GM Financial has violated the law, and I demand the immediate removal of all late fees and the removal of any late payment entries from my credit report.

2. Remove All Late Fees and Late Payments : If you can not prove that the required periodic statements were delivered in compliance with federal law, I demand that all late fees and late payments immediately be removed from my account and credit report. Any further failure to act will be treated as a continued violation of federal law. 
Persistent App Failure and Mail Request : I have consistently informed GM Financial of the ongoing technical issues with the app that have prevented me from accessing my statements and managing my account online. Despite numerous complaints, the issue remains unresolved. Your suggestion to simply use the automated system has done nothing to address the fact that I need access to my statements. 
If GM Financial can not fix the app and restore proper access to my account, I demand that you send my periodic statements through the mail immediately and consistently, ensuring compliance with the 21-day rule as required by 15 U.S.C. 1666b. Your failure to do so will result in further legal consequences.

Legal Violations and Consequences : GM Financial failure to comply with 15 U.S.C. 1666b, compounded by the unresolved app issues, constitutes a gross violation of consumer protection laws. If this situation is not corrected immediately, I will escalate this matter by filing a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) and pursue all available legal remedies to hold GM Financial accountable for these unlawful actions.

Deadline for Response : You have 7 days from receipt of this letter to provide a full and complete response. I expect either documentation proving compliance with 15 U.S.C. 1666b, or confirmation that all late fees and reported late payments have been removed from my account and credit report. If you can not fix the app, I demand that you mail all future statements to ensure compliance with the law. 
Failure to comply will be taken as an admission of guilt, and I will take legal action without further notice. 
GM Financial repeated failure to follow federal law and rectify its technical shortcomings has caused me significant financial harm, and I demand immediate resolution.