Consumer complaint received 2025-05-06 00:00:00
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: HYUNDAI CAPITAL AMERICA
State: KY

Complaint narrative:
I believe that a debt has been mishandled and that Kia Finance Americas reporting practices violate several consumer protection laws, including the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1611 & 1662, as well as the Kentucky Consumer Debt Protection Act ( KCDPA ). These practices include, but are not limited to : 1. Incomplete Disclosure of Loan Terms : The loan documents provided to me lacked clear and concise information about the actual terms and conditions associated with the financing of my vehicle. Lenders are required to provide consumers with detailed information regarding loan terms, including the annual percentage rate ( APR ), finance charges, total payments, and payment schedule. Failing to disclose these details violates TILA. Additionally, consumers have the right to rescind. If a lender does not inform the borrower of this right, it is a violation of TILA.

2. Sharing of Information Without Consent : It has come to my attention that my financial information has been shared with third parties without my explicit consent or proper documentation, which constitutes a breach of privacy and goes against the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). The FCRA ( 15 U.S.C. 1681 ) law governs the accuracy and privacy of consumer information. Kia Finance America 's failure to properly notify me regarding the sharing of my information, as well as the lack of proper validation of the debt, is a violation of my rights under this act. ( Proven by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) 3. The Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692 ) prohibits debt collectors from using unfair or misleading practices. I contend that the tactics utilized by Kia Finance America to collect on this alleged debt were deceptive and intimidating. According to the provisions of the FDCPA, I am requesting validation of the alleged debt, including the amount, the name of the original creditor, and any associated documentation including multi-party wet ink signature contracts. As per 1692g of the FDCPA, you are legally obligated to provide this information upon my request. The FDCPA prohibits debt collectors from engaging in unfair or deceptive practices while collecting debts. Failure to provide proper validation of the debt is a violation of this act and would result in consumer entitlement to statutory damages up to {$1000.00}. ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) As a consumer and the original creditor, I assert that I am not liable for any debt associated with the financing of a motor vehicle under the following guiding principles : XXXX XXXX, which indicates that debts must be discharged in lawful money, which means that debts can not be enforced as legal obligations unless they have been validated properly. Given the lack of transparent documentation regarding my obligations, I contest the validity of the debt attributed to me. This resolution effectively nullifies any enforced claims for debts that can not be substantiated with proper validation and due process. Since there has been inadequate validation of this alleged debt, it can not be deemed enforceable under that resolution. 

15 U.S.C. 1662 which addresses unlawful practices in consumer credit transactions. No advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state that a specific periodic consumer credit amount or installment amount can be arranged, unless the creditor usually and customarily arranges credit payments or installments for that period and in that amount. If the debt in question does not comply with the provisions set forth under this statute, I assert that no one can be held liable for payment, particularly under the protections offered by XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation