Consumer complaint received 2025-02-04 00:00:00
Product: Debt collection — Auto debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: BMW Financial Services NA, LLC
State: GA

Complaint narrative:
XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX BMW Financial Services ( XXXX ) XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX Subject : Notice of Violation and Demand for Immediate Cease and Desist of Reporting Dear Sir/Madam, I am formally disputing the negative item that your company is reporting on my credit report in violation of my consumer rights under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., and the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. Your failure to comply with federal law has caused me financial harm, including unfairly obstructing my ability to obtain credit. This item pertains to an alleged debt that I was never properly notified about, nor did I ever provide consent for the debt to be validated, let alone reported to the credit bureaus. 

Violations of Federal Law 1. Failure to Provide Proper Notice ( 15 U.S.C. 1692g ) Under 15 U.S.C. 1692g ( a ), debt collectors ( you ) are required to send a written notice to the debtor ( me ) within five days of your initial contact, informing me of the alleged debt. This notice must also inform the debtor of their rights to dispute the alleged debt with the name of the original creditor. I did not receive such notice or any other communication from BMW Financial Services prior to the negative reporting, which constitutes a violation of my rights under this statute.

2. Failure to Validate the Debt ( 15 U.S.C. 1692g ( b ) Since I was never notified about this alleged debt, I was denied my legal right to dispute it within the 30-day validation period. Because you failed to provide this notice, you were required to assume the debt was disputed. Upon a consumer 's request, the debt collector must cease collection efforts until they validate the debt. As I already mentioned, I have not been provided with sufficient validation of the debt. I did not receive any documentation proving the validity of this debt, nor was I notified of the creditor 's identity, or the amount owed, which means that this debt has not been properly validated.

3. Unauthorized Reporting to Credit Bureaus The Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681s-2 ( a ), mandates that information reported to credit bureaus be accurate and complete. Since I was never properly notified of this debt or given a reasonable opportunity to dispute its validity, the reporting of this debt on my credit report is inaccurate and unlawful.

4. Consent to Report I never provided written consent for BMW Financial Services to report any debt to the credit bureaus. The case law supports that a consumers consent is required for information to be shared with credit agencies. In XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), the court held that a collection agency must demonstrate the consumers agreement or valid debt to substantiate any negative credit reporting. Without this, the reporting is improper. 

Request for Resolution Given these violations, I request the following : XXXX. Immediate Cease and Desist of Reporting : I demand that BMW Financial Services cease all reporting of this debt to any credit reporting agency, effective immediately, and ensure that any negative marks related to this debt are removed from my credit report. 

XXXX. Validation of the XXXX : Please provide detailed validation of the debt as required under the FDCPA. This includes a complete breakdown of the debt, proof of my liability, and any supporting documentation ( such as the original agreement and assignment of the debt ). 

XXXX. Correction of My Credit Report : If the debt can not be validated, I expect the deletion of all negative information associated with this alleged debt from my credit reports, as per the guidelines of the FCRA. 

Legal Precedents- In re : XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ), the court ruled that debt XXXX must ensure that the information they report is accurate and fully substantiated. 
- XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ), reinforced that any failure to substantiate the debt before reporting it violates the FDCPA and FCRA. 

Failure to comply with these requests will force me to seek legal recourse, including but not limited to filing a lawsuit for violations of the FDCPA and FCRA, as well as reporting this incident to the appropriate regulatory authorities, including the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ). 

Thank you for your immediate attention to this matter. I expect a prompt resolution within 30 days from the date of this letter. Please confirm in writing the receipt of this complaint and to confirm compliance. I look forward to your prompt response. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX

Company response to consumer: Closed with explanation