Consumer complaint received 2024-08-01
Product: Debt collection — Auto debt
Issue: Threatened to contact someone or share information improperly — Talked to a third-party about your debt
Company: CarMax, Inc. (GA)

RE : Notice of Intent to Sue for FCRA Non Compliance Dear CarMax Auto Finance Compliance Department, I am writing to formally notify you of my intent to initiate legal action against CarMax Auto Finance for violations of the Fair Credit Reporting Act ( FCRA ) and the Gramm-Leach-Bliley Act ( GLBA ). Specifically, CarMax Auto Finance has unlawfully supplied my private non-public information ( NPI ) to non-affiliated third parties without my written consent. 
Background On [ XX/XX/year> ], I became aware that CarMax Auto Finance shared my NPI, which includes [ private information shared social security number, credit report, financial information ], with non-affiliated third parties. ( XXXX, XXXX and XXXX ) This action was taken without my written consent, in direct violation of FCRA and GLBA provisions designed to protect consumer information and privacy. 
Legal Basis Fair Credit Reporting Act ( FCRA ) Violation : Under 15 U.S.C. 1681b, consumer reporting agencies and entities furnishing information must ensure that information is only disclosed for permissible purposes. Your actions have breached this requirement by sharing my NPI without proper authorization. 
Gramm-Leach-Bliley Act ( GLBA ) Violation : Under 15 U.S.C. 6802, financial institutions are prohibited from sharing consumers NPI with non-affiliated third parties without providing notice and an opportunity for the consumer to opt-out. No such notice or opt-out opportunity was provided in my case. 
Damages and Penalties As a result of your actions, I have suffered [ financial harm, identity theft, stress, XXXX XXXX XXXXXXXX. ]. Under the FCRA and GLBA, I am entitled to seek the following remedies : Actual Damages : Compensation for any actual damages sustained as a result of the unauthorized disclosure.

Statutory Damages : In cases of willful non-compliance, statutory damages range from {$100.00} to {$1000.00} per violation ( 15 U.S.C. 1681n ).

Punitive Damages : Additional punitive damages as the court may allow for willful violations. 
Attorneys Fees and Costs : Reimbursement for reasonable attorneys fees and costs incurred ( 15 U.S.C. 1681n and 1681o ).

Demand for Remedy To avoid litigation, I demand that CarMax Auto Finance : Delete the Account from my Consumer Files all Consumer Reporting Agencies ( XXXX, XXXX and XXXX ) Cease any further unauthorized sharing of my NPI. 
Provide a written explanation of the steps taken to prevent future unauthorized disclosures. 
Compensate me for actual damages in the amount of [ {$5000.00} ]. 
Pay statutory damages of [ {$2000.00} ]. 
Reimburse my attorneys fees and costs incurred to date in the amount of [ {$1000.00} ]. 
Response Deadline If I do not receive a satisfactory response within ( XXXX ) days from the date of this letter, I will have no choice but to pursue all available legal remedies, including filing a lawsuit in the appropriate court. 
Conclusion I hope that this matter can be resolved amicably and without the need for further legal action. I look forward to your prompt response. 
Exhibits are Attached below