Consumer complaint received 2024-02-20
Product: Vehicle loan or lease — Loan
Issue: Getting a loan or lease — Confusing or misleading advertising or marketing
Company: CREDIT ACCEPTANCE CORPORATION (NJ)

CFPB COMPLAINT : I am writing to formally assert my rights and to address multiple violations that have occurred in relation to my dealings with Credit Acceptance Corporation and XXXX XXXX XXXX XXXX, specifically concerning the financing and subsequent mishandling of my account associated with a XXXX XXXX XXXX, VIN : XXXX, Account Number : XXXX. 

I assert that my rights under the principles of equitable subrogation, consumer protection laws, the Equal Credit Opportunity Act, and privacy rights have been egregiously violated due to the following actions : * False Advertising and Misrepresentation** : The initial online advertisement promised " {$0.00} down and a set monthly payment. '' Upon arrival at the dealership, these terms were unjustly altered, constituting deceptive business practices. 

* Predatory Lending and Coercion** : I was pressured into agreeing to a {$1000.00} down payment, contrary to the advertised terms, under aggressive sales tactics. It was misrepresented that this payment would be directed to the lender to reduce monthly payments. 

* Violation of Contractual and Electronic Consent** : The electronic signing process for the contractual agreement was rushed, inhibiting my ability to fully review the terms, thus constituting an adhesion contract without proper mutual consent. 

* Illegal Repossession and Breach of Privacy** : Following an inability to keep up with payments, which resulted in the loss of my job due to the lack of reliable transportation ; the vehicle was repossessed. My personal information was disclosed to a third-party towing company without my consent, violating privacy laws and the terms of our agreement.

Based on these actions, I demand the following : 1. Full Disclosure and Documentation** : Provision of all contracts with wet-ink signatures, non-disclosure agreements, and clear explanations of any opt-out rights concerning the disclosure of my private information.

2. Verification of Debt** : Production of verification of the UCC-1 filing of the lien against the title of my automobile, as a UCC-11 search yielded no such record.

3. Acknowledgment of Violations** : Recognition of the breaches in consumer protection, equal credit opportunity, and privacy laws as outlined, including but not limited to : - 15 U.S. Code 6801-6803 concerning the protection of nonpublic personal information.

- 18 U.S. Code 892-894 addressing extortionate credit practices.

- 15 U.S. Code 1662 related to the advertising of credit terms.

- Fair Debt Collection Practices Act provisions regarding abusive debt collection practices.

4. Remedial Actions** : A detailed account of how Credit Acceptance Corporation and XXXX XXXX XXXX XXXX intend to rectify the damages caused by these violations, including the restoration of my privacy, credit, and financial standing. 

Failure to provide a satisfactory response and remedy for these violations will leave me with no choice but to consider further legal action to protect my rights and seek justice for the damages incurred.

I hope for a prompt and constructive response to resolve these issues amicably and fairly. I also sent two copies of a notice to Credit Acceptance Corporation, Carving out this complaint in great detail, on XX/XX/XXXX, to which they Have Not Responded, I will include in this complaint a digital copy of the Letter Sent via USPS Certified Mail, as well as pictures of receipts verifying them being sent out. I received no response, So I will have to assume that they have received them and refused to respond, bringing more dishonor to the circumstances. 

*****This Complaint, followed a previous complaint on Repossession. However, after doing extensive Research, Reaching out to the Company directly for Remedy, and then receiving a Response from the Company via the previous CFPB Complaint ; its indicative that the company completely avoided taking accountability for the outlined circumstances, and further denied or outright ignored my very real claims in terms of legal damages incurred from our dealings. XXXX XXXX will further Outline the Basis of my Argument, and provide additional Details Including the previous response of the Company and how Caprices ( the Associate who responded ) rebuttal further implicates the validity of my Claims : XXXX XXXX XXXX XXXX XXXX Credit Acceptance Corporations Violation of Consumer Rights ; Equal Credit Opportunity Act ; Privacy Rights ; and Resulting Damages by Dealership and Creditor/Lender. 

# Introduction : - I was enticed by an online dealership advertisement on XXXX, offering the following terms : " {$0.00} down and a set monthly payment, with XXXX days to make first payment. '' # # # # False Advertising and Misrepresentation : - **Advertised terms changed upon consumer 's dealership visit**, indicating potential false advertising and bait-and-switch tactics : XXXXWhen I arrived to XXXX XXXX XXXX XXXX, there was an abrupt change in the terms offered. 

- **Use of aggressive sales techniques** to modify initially advertised agreement, pressuring consumer into unfavorable terms. 

# # # # Predatory Lending and Sales Practices : - XXXX persuaded to provide a {$1000.00} down payment**, diverging from the advertised {$0.00} down, under the pretext of lowering monthly payments. 

- **Misleading statements regarding the down payment 's recipient**, implying it was for the lender, not the dealership, constituting deceptive practice. 

# # # # Violation of the Equal Credit Opportunity Act : - **Possible discriminatory conduct** by altering terms after personal interaction, suggesting unequal treatment based on prohibited criteria. 

# # # # Adhesion Contract Issues : - **Rapid electronic contract signing process**, potentially depriving the consumer of the chance to fully review terms. 

- **Lack of mutual consent**, highlighted by the unilateral nature of the contract execution. 
# # # # Illegal Repossession and Debt Collection Methods - **No attempt to resolve payment issues amicably**, with immediate resort to repossession, bypassing potential payment arrangements.

- **Unauthorized sharing of consumer 's personal data with a third-party towing company**, infringing on privacy rights and lacking a permissible purpose under consumer law. 

# # # # Privacy Rights Infringement : - **Disclosure of personal information to an uninvolved third party**, constituting a breach of privacy. 

- **Unlawful use of consumer 's information**, as sharing with the towing service lacked a legitimate reason. ( Permissible Purpose ) # # # # Consequential Damages from Repossession : - **Loss of reliable transportation to work**, directly attributable to the vehicle 's repossession.

- **Subsequent job loss due to inability to commute**, exacerbating the consumer 's financial instability.

- **Amplified inability to repay the auto loan**, as the job loss induced by the repossession further strained the consumer 's financial resources.

# # # # Conclusion : - The dealership and creditor/lender 's conduct, from misleading advertising to predatory lending, contract issues, illegal repossession, and privacy violations, not only breached consumer rights and laws but also inflicted significant personal and financial harm on the consumer, warranting legal action to address these grievances and prevent such predatory practices in the future.