Consumer complaint received 2024-11-06
Product: Vehicle loan or lease — Loan
Issue: Repossession — Lender trying to repossess or disable the vehicle
Company: Tesla, Inc. (NE)

Tesla Inc address XXXX XXXX XXXX XXXX, XXXX XXXXXXXX This Company have violated my privacy rights by refusing to respond or release information or notice why they have repossessed my private automobile and I have XXXX email and mailed my tender of payment to this address and emailed it to this have violated my rights under the law and have returned my tender of payment that I have send to the address provided I XXXXXXXX XXXXl Beneficiary This company have yet to respond to my email or calls by law this company stole My private property and did not send me any notice of this repossession or notice of default I will like a XXXX $ for every violation this compha e caused to I XXXXXXXX XXXX  Beneficiary i have not received my tender of payment back to my address listed on mailed 15 U.S. Code 1 - Trusts, etc., in restraint of trade illegal ; penalty U.S. Code Notes prev | next Every contract, combination in the form of trust or otherwise, or conspiracyu, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding {>= $1,000,000} if a corporation, or, if any other person, {>= $1,000,000}, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court. 

( XX/XX/XXXX, ch. XXXX, XXXX, XXXX XXXX. XXXX ; XXXX XXXX, XXXX, ch. XXXX, title XXXX, XXXX XXXX. XXXX ; XX/XX/XXXX, ch. XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, XXXX ( a ), XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title XXXX, XXXX ( a ), XX/XX/XXXX, XXXX XXXX. XXXX. ) XXXX XXXX Code XXXX - Unfair practices XXXX XXXX Notes XXXX | next A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collectors intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement.

( 7 ) Communicating with a consumer regarding a debt by post card.

( 8 ) Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. 
( Pub. XXXX XXXX, title XXXX, XXXX, as added Pub. XXXX XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) XXXX General disclosure requirements. 
( a ) Form of disclosures ( 1 ) General.

( i ) The creditor shall make the disclosures required by this subpart clearly and conspicuously.

( ii ) The creditor shall make the disclosures required by this subpart in writing, in a form that the consumer may keep, except that : ( A ) The following disclosures need not be written : Disclosures under 1026.6 ( b ) ( 3 ) of charges that are imposed as part of an open-end ( not home-secured ) plan that are not required to be disclosed under 1026.6 ( b ) ( 2 ) and related disclosures of charges under 1026.9 ( c ) ( 2 ) ( iii ) ( B ) ; disclosures under 1026.9 ( c ) ( 2 ) ( vi ) ; disclosures under 1026.9 ( d ) when a finance charge is imposed at the time of the transaction ; and disclosures under 1026.56 ( b ) ( 1 ) ( i ). 

( B ) The following disclosures need not be in a retainable form : Disclosures that need not be written under paragraph ( a ) ( XXXX ) ( ii ) ( A ) of this section ; disclosures for credit and charge card applications and solicitations under 1026.60 ; home-equity disclosures under 1026.40 ( d ) ; the alternative summary billing-rights statement under 1026.9 ( a ) ( 2 ) ; the credit and charge card renewal disclosures required under 1026.9 ( e ) ; and the payment requirements under 1026.10 ( b ), except as provided in 1026.7 ( b ) ( 13 ).

( iii ) The disclosures required by this subpart may be provided to the consumer in electronic form, subject to compliance with the consumer consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act ( E-Sign Act ) ( 15 U.S.C. 7001 et seq. ). The disclosures required by 1026.60, 1026.40, and 1026.16 may be provided to the consumer in electronic form without regard to the consumer consent or other provisions of the E-Sign Act in the circumstances set forth in those sections.

( 2 ) Terminology.

( i ) Terminology used in providing the disclosures required by this subpart shall be consistent.

( ii ) For home-equity plans subject to 1026.40, the terms finance charge and annual percentage rate, when required to be disclosed with a corresponding amount or percentage rate, shall be more conspicuous than any other required disclosure. The terms need not be more conspicuous when used for periodic statement disclosures under 1026.7 ( a ) ( 4 ) and for advertisements under 1026.16.

( iii ) If disclosures are required to be presented in a tabular format pursuant to paragraph ( a ) ( 3 ) of this section, the term penalty APR shall be used, as applicable. The term penalty APR need not be used in reference to the annual percentage rate that applies with the loss of a promotional rate, assuming the annual percentage rate that applies is not greater than the annual percentage rate that would have applied at the end of the promotional period ; or if the annual percentage rate that applies with the loss of a promotional rate is a variable rate, the annual percentage rate is calculated using the same index and margin as would have been used to calculate the annual percentage rate that would have applied at the end of the promotional period. If credit insurance or debt cancellation or debt suspension coverage is required as part of the plan, the term required shall be used and the program shall be identified by its name. If an annual percentage rate is required to be presented in a tabular format pursuant to paragraph ( a ) ( 3 ) ( i ) or ( a ) ( 3 ) ( iii ) of this section, the term fixed, or a similar term, may not be used to describe such rate unless the creditor also specifies a time period that the rate will be fixed and the rate will not increase during that period, or if no such time period is provided, the rate will not increase while the plan is open.

( 3 ) Specific formats.

( i ) Certain disclosures for credit and charge card applications and solicitations must be provided in a tabular format in accordance with the requirements of 1026.60 ( a ) ( 2 ).

( ii ) Certain disclosures for home-equity plans must precede other disclosures and must be given in accordance with the requirements of 1026.40 ( a ).

( iii ) Certain account-opening disclosures must be provided in a tabular format in accordance with the requirements of 1026.6 ( b ) ( 1 ).

( iv ) Certain disclosures provided on periodic statements must be grouped together in accordance with the requirements of 1026.7 ( b ) ( 6 ) and ( b ) ( 13 ).

( v ) Certain disclosures provided on periodic statements must be given in accordance with the requirements of 1026.7 ( b ) ( 12 ).

( vi ) Certain disclosures accompanying checks that access a credit card account must be provided in a tabular format in accordance with the requirements of 1026.9 ( b ) ( 3 ).

( vii ) Certain disclosures provided in a change-in-terms notice must be provided in a tabular format in accordance with the requirements of 1026.9 ( c ) ( 2 ) ( iv ) ( D ).

( viii ) Certain disclosures provided when a rate is increased due to delinquency, default or as a penalty must be provided in a tabular format in accordance with the requirements of 1026.9 ( g ) ( 3 ) ( ii ).

( b ) Time of disclosures ( 1 ) Account-opening disclosures ( i ) General rule. The creditor shall furnish account-opening disclosures required by 1026.6 before the first transaction is made under the plan.

( ii ) Charges imposed as part of an open-end ( not home-secured ) plan. Charges that are imposed as part of an open-end ( not home-secured ) plan and are not required to be disclosed under 1026.6 ( b ) ( 2 ) may be disclosed after account opening but before the consumer agrees to pay or becomes obligated to pay for the charge, provided they are disclosed at a time and in a manner that a consumer would be likely to notice them. This provision does not apply to charges imposed as part of a home-equity plan subject to the requirements of 1026.40.

( iii ) Telephone purchases. Disclosures required by 1026.6 may be provided as soon as reasonably practicable after the first transaction if : ( A ) The first transaction occurs when a consumer contacts a merchant by telephone to purchase goods and at the same time the consumer accepts an offer to finance the purchase by establishing an open-end plan with the merchant or third-party creditor ; ( B ) The merchant or third-party creditor permits consumers to return any goods financed under the plan and provides consumers with a sufficient time to reject the plan and return the goods free of cost after the merchant or third-party creditor has provided the written disclosures required by 1026.6 ; and ( C ) The consumer 's right to reject the plan and return the goods is disclosed to the consumer as a part of the offer to finance the purchase.

( iv ) Membership fees ( A ) General. In general, a creditor may not collect any fee before account-opening disclosures are provided. A creditor may collect, or obtain the consumer 's agreement to pay, membership fees, including application fees excludable from the finance charge under 1026.4 ( c ) ( 1 ), before providing account-opening disclosures if, after receiving the disclosures, the consumer may reject the plan and have no obligation to pay these fees ( including application fees ) or any other fee or charge. A membership fee for purposes of this paragraph has the same meaning as a fee for the issuance or availability of credit described in 1026.60 ( b ) ( 2 ). If the consumer rejects the plan, the creditor must promptly refund the membership fee if it has been paid, or take other action necessary to ensure the consumer is not obligated to pay that fee or any other fee or charge.

( B ) Home-equity plans. Creditors offering home-equity plans subject to the requirements of 1026.40 are not subject to the requirements of paragraph ( b ) ( 1 ) ( iv ) ( A ) of this section.

( v ) Application fees. A creditor may collect an application fee excludable from the finance charge under 1026.4 ( c ) ( 1 ) before providing account-opening disclosures. However, if a consumer rejects the plan after receiving account-opening disclosures, the consumer must have no obligation to pay such an application fee, or if the fee was paid, it must be refunded. See 1026.5 ( b ) ( 1 ) ( iv ) ( A ).

( 2 ) Periodic statements ( i ) Statement required. The creditor shall mail or deliver a periodic statement as required by 1026.7 for each billing cycle at the end of which an account has a debit or credit balance of more than {$1.00} or on which a finance charge has been imposed. A periodic statement need not be sent for an account if the creditor deems it uncollectible, if delinquency collection proceedings have been instituted, if the creditor has charged off the account in accordance with loan-loss provisions and will not charge any additional fees or interest on the account, or if furnishing the statement would violate Federal law.

( ii ) Timing requirements ( A ) Credit card accounts under an open-end ( not home-secured ) consumer credit plan. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, a card issuer must adopt reasonable procedures designed to ensure that : ( 1 ) Periodic statements are mailed or delivered at least 21 days prior to the payment due date disclosed on the statement pursuant to 1026.7 ( b ) ( 11 ) ( i ) ( A ) ; and ( 2 ) The card issuer does not treat as late for any purpose a required minimum periodic payment received by the card issuer within 21 days after mailing or delivery of the periodic statement disclosing the due date for that payment.

( B ) Open-end consumer credit plans. For accounts under an open-end consumer credit plan, a creditor must adopt reasonable procedures designed to ensure that : ( 1 ) If a grace period applies to the account : ( i ) Periodic statements are mailed or delivered at least 21 days prior to the date on which the grace period expires; and ( ii ) The creditor does not impose finance charges as a result of the loss of the grace period if a payment that satisfies the terms of the grace period is received by the creditor within 21 days after mailing or delivery of the periodic statement.

( 2 ) Regardless of whether a grace period applies to the account : ( i ) Periodic statements are mailed or delivered at least 14 days prior to the date on which the required minimum periodic payment must be received in order to avoid being treated as late for any purpose; and ( ii ) The creditor does not treat as late for any purpose a required minimum periodic payment received by the creditor within 14 days after mailing or delivery of the periodic statement.

( 3 ) For purposes of paragraph ( b ) ( 2 ) ( ii ) ( B ) of this section, grace period means a period within which any credit extended may be repaid without incurring a finance charge due to a periodic interest rate.

( 3 ) Credit and charge card application and solicitation disclosures. The card issuer shall furnish the disclosures for credit and charge card applications and solicitations in accordance with the timing requirements of 1026.60.

( 4 ) Home-equity plans. Disclosures for home-equity plans shall be made in accordance with the timing requirements of 1026.40 ( b ).

( c ) Basis of disclosures and use of estimates. Disclosures shall reflect the terms of the legal obligation between the parties. If any information necessary for accurate disclosure is unknown to the creditor, it shall make the disclosure based on the best information reasonably available and shall state clearly that the disclosure is an estimate.

( d ) Multiple creditors ; multiple consumers. If the credit plan involves more than one creditor, only one set of disclosures shall be given, and the creditors shall agree among themselves which creditor must comply with the requirements that this part imposes on any or all of them. If there is more than one consumer, the disclosures may be made to any consumer who is primarily liable on the account. If the right of rescission under 1026.15 is applicable, however, the disclosures required by 1026.6 and 1026.15 ( b ) shall be made to each consumer having the right to rescind.

( e ) Effect of subsequent events. If a disclosure becomes inaccurate because of an event that occurs after the creditor mails or delivers the disclosures, the resulting inaccuracy is not a violation of this part, although new disclosures may be required under 1026.9 ( c ).

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information U.S. Code Notes prev | next ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.

( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.

( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.

( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. 
( Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title X, XXXX ( XXXX ), XX/XX/XXXX, XXXX XXXX. XXXX. ) XXXX. TENDER OF PAYMENT. 
Primary tabs ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. 

( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. 

( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is XXXX. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. 

XXXX. PAYMENT. up XXXX. DISCHARGE BY CANCELLATION OR RENUNCIATION. 
XXXX. XXXX of XXXX XXXX. 
Primary tabs XXXX contract or duty within the XXXX XXXX XXXX imposes an obligation of good faith in its performance and enforcement. 

XXXX. Course of XXXX, XXXX of Dealing, and Usage of XXXX. up XXXX. Remedies to be Liberally Administered. 
XXXX. ACCORD AND SATISFACTION BY USE OF INSTRUMENT. 
Primary tabs ( a ) If a person against whom a claim is asserted proves that ( i ) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, ( ii ) the amount of the claim was unliquidated or subject to a bona fide dispute, and ( iii ) the claimant obtained payment of the instrument, the following subsections apply. 

( b ) Unless subsection ( c ) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim. 

( c ) Subject to subsection ( d ), a claim is not discharged under subsection ( b ) if either of the following applies : ( XXXX ) The claimant, if an organization, proves that ( i ) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and ( ii ) the instrument or accompanying communication was not received by that designated person, office, or place. 

( XXXX ) The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that that sent a statement complying with paragraph ( 1 ) ( i ).

( d ) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim. 

3-310. EFFECT OF INSTRUMENT ON OBLIGATION FOR WHICH TAKEN. up 3-301. PERSON ENTITLED TO ENFORCE INSTRUMENT