Consumer complaint received 2021-06-10
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Billing problem
Company: CarMax, Inc. (GA)

This letter shall serve as formal notice of my intent to file a complaint with the FTC, due to your blatant and objectionable disregard of the law. 

As indicated by the attached copies of letters and mailing receipts, you have received and accepted through registered mail my dispute letter dated, as well as my follow-up letter dated. To date, you have not done your duty as mandated by law. Your non-compliance with federal law is unacceptable, your disregard for it contemptible. Rest assured I shall hold you accountable. 

Federal law requires you to respond within 30 days, yet you have failed to respond. Failure to comply with these federal regulations by credit reporting agencies are investigated by the Federal Trade Commission ( see 15 USC 41, et seq. ). 

I am maintaining a careful record of my communications with you on this matter ; for the purpose of filing a complaint with the FTC should you continue in your non-compliance. I further remind you that, as in

XXXX XXXX XXXX XXXX XXXX., No. XXXX ( XXXX. XX/XX/XXXX ), you may be liable for your willful noncompliance.

For the record, the following information is being erroneously included on my credit report, as I have advised you on two separate occasions, more than 75 days and again 40 days ago : XXXX, Date : XX/XX/XXXX, Account # : XXXX, Amount : {XXXX}, Payment : {XXXX}, Issue : On XX/XX/XXXX, the World Health Organization designated XXXX as a pandemic. In a short period, in the US, over 6,223 cases and over 100 deaths have been reported. Many companies and schools have closed due to XXXX cases or exposures. I have suffered a substantial loss of income related to XXXX. Unfortunately, my loss of income will negatively affect my ability to timely pay my car payment in full. Please let me know if you will waive late fees and accept partial auto loan payments. I understand that your temporary acceptance does not waive your rights or remedies. Please know that I intend to make up any payment difference within 90 days or less. Please refrain from any negative credit reporting during this limited hardship period. It is my hope that I am able to supplement my income to get my payments current. In light of this, please do not proceed in any repossession actions due to any default. 



If you do not immediately remove this inaccurate and incomplete information, I will file a formal complaint with the Federal Trade Commission. 

Should you continue to operate with complete disregard for the law, I intend to seek redress in a civil action for recovery of damages, costs, and attorney fees. For this purpose, I am carefully documenting these events, including the lack of response REQUIRED under the law from you. 

Additionally, please provide the name, address, and telephone number of each credit grantor or other subscriber. 

Under federal law, you had 30 days to complete your re-investigation, yet you have failed to respond. Further delays are inexcusable. 

Be advised that the description of the procedure used to determine the accuracy and. completeness of the information is hereby requested as well, to be provided within 15 days of the completion of your re-investigation.