Consumer complaint received 2024-11-11 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Westlake Services, LLC
State: NV

Complaint narrative:
Subject : Violations by Western Funding ref. acc. # XXXX Dear CFPB Representative ( s ), I am writing to report ongoing legal violations by employees of Western Funding. Below are some of the issues I've identified so far. 

About XX/XX/XXXXXXXX XXXX I entered into a credit agreement through XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The truck began having mechanical issues immediately, and I discovered the dealership had been dishonest about the Automobiles condition. I currently have a pending small claims case against XXXX XXXX XXXX XXXX XXXX XXXX XXXX Nevada. 

When I contacted Western Funding about the situation, I explained that I was hesitant to continue making payments on the truck until this issue was resolved. The truck was and is still not working. I asked if they could offer any assistance, but they declined. 

This lack of support from Western Funding employees prompted me to research consumer protection laws, which revealed that both XXXX XXXX XXXX and Western Funding had violated my rights. I subsequently sent Western Funding an affidavit ( attached ), but they failed to rebut it or to comply with my demands, effectively accepting ( silence is acquiescence ) that they did not provide required disclosures. Here are some of the laws they violated as well as some that help support my claim : The fair credit reporting act. 

15 U.S Code 1635a Right of rescission as to certain transactions.

12 CFR 226.15 - Right of rescission.

In accordance with this code, I notified Western Funding 's employees, CEO, and CFO that I believed I had not received the required disclosures. I asked them to provide proof if they disagreed, but they failed to respond to my affidavit. In the same document, I informed them that I was exercising my right to rescind the fraudulent contract as of that day. Therefore, I did notify them in writing. 

15 U.S. Code 6801 - Protection of nonpublic personal information.

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information.

15 U.S. Code 6803 - Disclosure of institution privacy policy.

15 U.S. Code 6804 - Rulemaking.

15 U.S. Code 6805- Enforcement. 

As a consumer, I trust that the CFPB is dedicated to upholding the law and protecting individuals like myself from unfair and unlawful practices. It is your responsibility to enforce these regulations and hold those who violate them accountable for their actions. I have placed my faith in your ability to address this issue, and I rely on you to take the necessary steps to ensure justice is served. 


16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods. In part : ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. - ( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. 


15 U.S. Code 1681a ( d ) ( 2 ) Definitions ; rules of construction.

15 U.S. Code 1666b - Timing of payments.

16 CFR 313.8 - Revised privacy notices.

16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

15 U.S. Code 1662 - Advertising of downpayments and installments.

15 U.S. Code 1605 - Determination of finance charge.

15 U.S. Code 1681n - Civil liability for willful noncompliance.

15 U.S. Code 1681q - Obtaining information under false pretenses.

First, Western Funding violated the law by failing to inform me of my right to opt out of sharing my nonpublic personal information with nonaffiliated third parties. Second, when I notified you that I was exercising my right to opt out, you ignored my request. Third, you are continuing to violate the law by disclosing my nonpublic personal information even after I exercised my right of rescission, which, by definition, means I have ceased being your customer. 

I HEREBY RESCIND ANY AUTHORIZATION YOU, Western Funding, THINK YOU HAVE TO SHARE MY NONPUBLIC PERSONAL INFORMATION. YOU NO LONGER HAVE AUTHORIZATION, EFFECTIVE IMMEDIATELY AND INDEFINITELY! ... 

Western Funding employees, CEO, and CFO, your actions have negatively affected my creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, and mode of living. This situation has caused me stress and mental anguish. I am an aggrieved party due to your actions, and I must be compensated, Sincerely, XXXX XXXX : XXXX XXXX XXXX BENEFICIARY All rights reserved

Company response to consumer: Closed with explanation