Consumer complaint received 2024-09-05
Product: Vehicle loan or lease — Loan
Issue: Getting a loan or lease — Changes in terms mid-deal or after closing
Company: Carvana Group, LLC (MD)

Bought a XXXX XXXX from Carvana XX/XX/XXXX. Two weeks later, the transmission starting thunking sound when trying to put in gear. Spoke w Carvana rep XXXX and she started XXXX ( XXXX ) process in an effort to rescind current contract and get me into another vehicle. Process entailed taking to XXXX dealership and getting problem diagnosed. It was determined transmission was bad. Sent requisite documentation to XXXXCarvana and she worked to rescind contract and get me another vehicle. So I started the process all over. I chose another XXXX same color same year. However, this car came from their " Marketplace ''. Prior to execution of sales, Carvana provided XXXX point inspection and EVERYTHING was allegedly in good working condition - no mechanical issues, no body damage, tires in good condition. I signed contract and couple days later took delivery. This time the experience was far different. The car that I saw in the XXXX online presentation was decidedly diferent from this one. There was obvious body side damage ( dent ), dry rotted tires with no tread, car had not been detailed, dog hair inside. Looked like they just backed the car off the transporter and on the lot for me. DISGUSTING. I brought up these concerns at the vending machine and simultaneously called back to Carvana to express my discontent. Immediately, XXXX set up a XXXX time exception to send to XXXX and have everything addressed. I was aghast to find that this transmission needed replacing, ABS braking system faultykept locking up on rear wheels knocking noise & slight sake in engine, XXXX tires needed replacing, struts no good and squeaking, suspension wobbly needed overhaul, XXXX degree play in steering, a'c grinding noise no display on control panel, driver side mirror wobbly hanging. None of these were cited on XXXX pt inspection so that documentation was ineffably frraudulent and misleading. I sent the applicable service records to XXXX to execute 2nd rescission & terminate contract and get me another car. In the middle of the process, she left and no one at Carvana EVER followed back up. As if they were forcing me to keep this XXXX. Citing the folllowing XXXX laws and statutes, they MUST rescind the contract and put me in another car : 15 U.S.C. 45 : This section falls under the Federal Trade Commission Act ( FTCA ) and addresses unfair or deceptive acts or practices in commerce. The Federal Trade Commission ( FTC ) enforces this provision, which covers misleading or fraudulent documentation in car sales.

15 U.S.C. 2301-2312 : This part of the XXXX XXXX XXXX deals with warranties and the disclosure of information related to them. It requires clear and truthful information about warranties and can apply if false statements were made regarding warranty terms. 
15 U.S.C. 1691-1691f : Under the Equal Credit Opportunity Act ( ECOA ), this section pertains to discrimination and unfair practices in credit transactions. If false information was provided in the context of financing or credit terms for a car, this may be relevant.

15 U.S.C. 1661-1667 : The Truth in Lending Act ( TILA ) requires lenders to provide clear and accurate information about the terms and costs of credit. If misleading documentation involved financing terms, TILA provisions could apply.

18 U.S.C. 1002 makes it a federal offense to possess false documents with the intent to defraud. It's a federal crime to possess or use false, forged, or counterfeit documents with intent to defraud 18 U.S. Code 1341 - Frauds and swindles Whoever, having devised or intending to devise any scheme or artifice to defraud, Moreover, CARVANA nullified this contract from day one as it delivered a vehicle that did not meet the standards and/conditions as stated by their fraudulent XXXX point inspection. If the contract was negated, then XXXX ( the finance company ) has no right to collect payments nor report to credit agencies, beacuse there was no contract to enforce and collect on. 
Citing 15 USC 1692e XXXX can not report false or misleading information. 
15 USC 1681s-2 XXXX has XXXX responsiblity to provide documenttation thats accurate. Theyve been notified of contract rescission so they knowingly are reporting errors. 
15 USC 1666b timing of payments - a creditor ( XXXX ) may not treat a payment on an account under an open end consumer credit plan as late for any purpose, unless there's assurance that a statement or notice of payment is mailed at least 21 days prior to the due date. They never ever mail anything. This action is prohibited too. 
15 USC 1681a ( 2 ) a ( i ) definitions and rules of construction prohibits XXXX from reporting to credit agency because if can not contain information solely as to transactions or experiences between the consumer and the person making the report. 
According to these US Laws, this contract has to be terminated and I have to be provided a vehicle that matches the documentation that was originally presented.

At the time I signed the contract my Credit score was XXXX. Carvana falsely claimed it was XXXX and gave me a ridiculous rate. When I requested my credit report from " said '' agency, what they forwarded me was documentation supporting " XXXX '' and it was dated 1 day after CARAVNA ran their inquiry. They scammed me all around. GEESH Many deceptive practices by Carvana. So glad there are Government Agencies that serve to enforce the laws that protect the rights of innocent consumers and bring XXXX charges against the culprits.