Consumer complaint received 2024-04-26
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: ALLY FINANCIAL INC. (PA)

After reviewing a letter sent from your company on XX/XX/XXXX, I am devastated that Ally company along with the credit reporting agencies are violating my consumer rights and wasting my time. On XX/XX/XXXX, Ally did acknowledge and receive a cease-and-desist letter and notice pursuant to FDCPA 15 USC 1692cc , via Customer Federal Protection Bureau to stop all communications with me. The term communication means the conveying of information regarding a debt directly or indirectly to any person through any medium, being credit reporting agencies or any tool or system. Communication also means credit reporting. This step was necessary for me to do my own investigation and for Ally to do their own investigation. I did not give the credit reporting agencies any permissible purpose to furnish this account. Please provide me with any documentation stating this matter. Please also include the disclosures of my signature ( opting in ) and my presented refusal of ( opting out ) pursuant 12 CF R 1016.7 - form of opt out notice to consumers ; opt out methods. You must provide a clear and conspicuous notice to each consumer that accurately explains the right to opt out under this section. The sections states that you disclosed or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party. This in fact is a violation of my consumer rights pursuant to 15 U.S.C 1681b ( a ) ( 2 ) Permissible purpose of a consumer report. 

This is also identity theft pursuant to 15 U.S. Code 1692c. In Ally correspondence it stated that the vehicle was repossessed and sold, but Ally is reporting, and different amounts and balances that is allegedly owed. This is an act of inaccurate false reporting pursuant to 15 USC 1681b. In fact, all collections must be 100 % accurate across all three credit reporting agencies pursuant to 15 US Code 1681 ( e ) ( b ). A violation of my rights pursuant to 12 CFR 1016.10 limits on disclosure of nonpublic personal information to nonaffiliated third parties, ( XXXX ) conditions for disclosure. Except as otherwise authorized in this part you may not directly or through any affiliate disclosed any nonpublic personal information about a consumer to a nonaffiliated third party, ( ii ) you have provided the consumer and opt out notice as required in XXXX. You have given a consumer a reasonable opportunity before you disclose the information to the non-affiliate third party, to opt out of the disclosure ; and the consumer does not opt out. I was never given any opt out disclosures forms or documents. I would have signed to opt out right away. 

15 USC 1681 section 602 states I have the right to privacy. 15 USC 1681 it also states a consumer reporting agency can not furnish an account without written instructions. Ally indicated in a letter sent to my address in a letter and I quote we charged the account off on XX/XX/XXXX. I never received a 1099C form in return of this charge off! Charge offs are considered income by the IRS. This means that Ally wrote it all on your taxes and received the profit. Along with selling the vehicle in question, and still threating my creditworthiness and livelihood. There should be no transactions or experiences allowed on a consumer report. Income is forbidden to be on the consumer report pursuant to 15 USC 1681 ( a ) ( i ). 

Debts do not have to be paid to come off credit reports. Credit reporting is voluntary. Contracts of adhesion are considered unconscionable, and they are not enforceable pursuant to UCC 2-302. Ally is affiliate sharing with the credit reporting agencies pursuant to section XXXX. 

I have underlined all the violations that was used against and violated me. This is my final notice. This will be one of many exhibits, and this correspondence will be recorded for future documentation evidence back by the Consumer Financial Protection Bureau. I request that you respect my privacy, to not violate my rights and cease and desist all communications until further notice and legal documentation of evidence is received. 

The credit reporting agencies are being deceptive pursuant to 15 USC 1692e by claiming that they are a Bureau which is false and misleading representation. Ally remains to share my personal information with these companies. 

I will forward a copy of this correspondence to the C.E.O or to C.O.O of the company to put them on notice about these types of encounters and transactions taken place. 
Ally requested : 1. 12-digit automotive Account Number : XXXX 2. Complete Social Security Number : XXXX 3. Date of Birth : XX/XX/XXXX 4. Address : XXXX XXXX XXXX XXXX, Pa XXXX 5. Vehicle Vin : XXXX Attached is the first CFPB complaint, first dispute, Ally letter requesting personal information. 

Being govern by the federal government with sole options to take advantage and use my consumer right, these are violations that has caused civil liability I am encouraged to take. 

I request this account and my personal and private information be deleted and not shared or made profit of if ( I ) the natural being has not done business with anyone to share my private information making my creditworthiness and reports not equitable. 


Cc : Attorney General, Credit Financial Protection Bureau, Ally, Ally Financial, XXXX, XXXX, XXXX