Consumer complaint received 2024-06-20
Product: Credit reporting or other personal consumer reports — Other personal consumer report
Issue: Improper use of your report — Reporting company used your report improperly
Company: General Motors Financial Company, Inc. (TX)

GM Financial XXXX etc.. I am writing to address serious concerns regarding the handling of my personal information by your agency, as well as potential violations of consumer rights and legal requirements under Title 15, Section 6801 of the United States Code, and the Fair Credit Reporting Act ( FCRA ), specifically Section 1681b and Section 1681a ( 2 ). Upon reviewing my credit report, I have discovered discrepancies that suggest possible violations of consumer privacy rights and FCRA regulations. It appears that certain inquiries or disclosures of my personal information may not have been made for permissible purposes under Section 1681b of the FCRA. Additionally, I assert that the inclusion of late payments on my credit report violates Section 1681a ( 2 ) of the FCRA, which prohibits the reporting of transactions or experiences between the consumer and the person making the report. According to Section 1681a ( 2 ) of the FCRA, a consumer report can not include transactions or experiences between the consumer and the person making the report. Late payments are considered experiences between the consumer and the creditor, constituting a transaction, and therefore should not be included in my credit report. As I have not received a letter with a periodic statement 21 days before the due date, as required by consumer law, the condition for including late payments has not been met. Therefore, I request the immediate removal of all late payments from my credit report. Furthermore, I wish to emphasize that any unauthorized disclosure or use of my personal information in violation of applicable laws constitutes a serious breach of consumer trust and privacy. Under no circumstances should my personal information be obtained or made public without my knowledge or authorization. I urge your agency to conduct a thorough investigation into these matters and take immediate corrective actions to ensure compliance with Title 15, Section 6801, and the FCRA. This includes removing all late payments from my credit report and implementing measures to prevent further violations of consumer rights and legal requirements. This Affidavit of Truth is made pursuant to Fair Credit Reporting Act as codified I, a consumer in fact, agree with The Congress Pursuant to 15 U.S. Code 1681 ( a ) ( 1 ) which concluded that the banking system is dependent upon FAIR and ACCURATE credit reporting. Unfair credit reporting methods undermine the confidence of the public, which is essential to the functioning of our banking system. Pursuant to 15 U.S. Code 1681 ( a ) ( 4 ), you have failed to exercise your grave responsibilities with fairness, impartiality, and a respect for my consumer right to privacy ; Pursuant to 15 U.S. Code 1681 ( b ) consumer reporting agencies must adopt reasonable procedures for meeting the needs of commerce. Accuracy is about equity and must be equitable to the consumer. I did not sign or enter into a credit agreement in which the terms and conditions include a clause that allows the lender to report your payment history to credit bureaus. I did not explicitly agree to such a term, it's important that you check the contract that was signed and there is no indication of any implicit consent. 

Review contract : Check the signed agreement and clauses about credit reporting. Im Contacting ( GM Financial ) the lender : Im respectfully requesting that GM Financial cease reporting and remove any negative information based on the understanding of the agreement. If you believe that a lender is reporting your payment history to credit bureaus without your explicit consent, you may be dealing with a situation where consumer protection laws, such as the Fair Credit Reporting Act ( FCRA ), come into play. Here are some key points to consider : The FCRA regulates how consumer credit information is collected, shared, and used. It aims to ensure the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. 
- Under the FCRA, credit reporting agencies and the entities that furnish information to them ( such as lenders ) must follow certain guidelines to ensure the accuracy and integrity of the information they report. 

No Consent. I did not sign any agreement or provide any such consent, you are reporting this information of your payment history and it is unauthorized. Unauthorized Reporting - If a lender is reporting information without your consent, you can dispute this with the credit reporting agencies. You should provide evidence that you did not enter into an agreement allowing such reporting. If the dispute is not resolved satisfactorily, I may be forced to consider seeking a legal remedy specializing in consumer protection law. 
Im also filing this complaint with the Consumer Financial Protection Bureau ( CFPB ) and states attorney generals office.

Im writing to the credit reporting agencies to dispute the unauthorized information included the absence of a signed credit agreement. Im also Contacting you the Lender : ** Notify the lender that you did not authorize the reporting of your payment history and request that they cease reporting and remove the information. My credit is extremely important. It has become a vital crucial and dependent of how I take care of myself and my family.