Consumer complaint received 2026-04-22 00:00:00
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: General Motors Financial Company, Inc.
State: GA

Complaint narrative:
CONSUMER FINANCIAL PROTECTION BUREAU ( CFPB ) COMPLAINT ESCALATED COMPLAINT XXXX XXXX GM FINANCIAL 'S BAD-FAITH REFUSAL TO PROVIDE ELECTRONIC SIGNATURE AUTHENTICATION -- -- - IMPORTANT NOTICE TO CFPB INVESTIGATOR -- -- - DO NOT CLOSE THIS COMPLAINT AS A DUPLICATE OF : - COMPLAINT # XXXX - COMPLAINT # XXXX This NEW Complaint addresses an entirely different set of violations : GM Financial Corporation 's BAD-FAITH ADMINISTRATIVE MISCONDUCT , DECEPTIVE TRADE PRACTICES ( UDAAP VIOLATIONS ), and WILLFUL REFUSAL TO COMPLY WITH FEDERAL LAW governing electronic signatures after being placed on notice of apparent forgery and identity theft. This complaint documents GM Financials ongoing refusal to : 1. Provide legally required electronic signature authentication data ( E-SIGN Act, UETA violations ) 2. Produce digital attribution evidence as required by state and federal law 3. Conduct a reasonable investigation under the Fair Credit Reporting Act 4. Unwind a contract supported by apparent unauthorized electronic signatures -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - SECTION I : COMPLAINT SUMMARY I submit this third escalated complaint against GM Financial Corporation because, contrary to federal law and despite my clear demands, GM Financial has WILLFULLY FAILED to provide the electronic signature authentication data and digital attribution evidence required by the E-SIGN Act, Georgia UETA, and established contract law to validate a debt collection effort. The signatures on the Credit Application and Retail Installment Sale Contract ( RISC ) that GM Financial relies upon to collect a debt, report to credit bureaus, and threaten repossession are UNDISPUTEDLY NOT MINE based on irrefutable timestamp evidence. GM Financial has been placed on notice for months and has now explicitly REFUSED to produce the audit trail, security logs, authentication records, and system administrator affidavits that would be required to establish signature validity. This is not a complaint about the originating dealership 's fraud ( addressed in prior complaints ). This is a complaint about GM Financials BAD FAITH, OBSTRUCTION, and DECEPTIVE TRADE PRACTICES in its administrative handling of this matter. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - SECTION XXXX : STATEMENT OF CONSUMER HARM GM Financial has caused and continues to cause severe consumer harm through : A. COLLECTION OF VOID DEBT Attempting to collect on a Credit Application and RISC supported by electronic signatures that were applied when I was not present, without my authorization, and without producing required authentication evidence. B. CREDIT REPORTING VIOLATIONS ( FCRA ) Reporting alleged debt to credit bureaus despite disputed signature validity and without conducting a reasonable investigation as required by 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ). C. UDAAP VIOLATIONS Engaging in Unfair, Deceptive, and Abusive Acts or Practices by : - Demanding I complete an affidavit while refusing to produce their own required evidence - Mischaracterizing prior " reviews '' as " investigations '' - Continuing collection activity while unable to validate the underlying contract - Refusing to produce E-SIGN Act-compliant authentication records D. THREATENED REPossession Assigning the account for repossession and threatening to seize collateral based on an unauthenticated, potentially void contract. E. EMOTIONAL DISTRESS AND FINANCIAL HARM Causing significant emotional distress, credit damage, and financial instability through refusal to acknowledge legal obligations. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - SECTION III : STATEMENTS OF FACT A. The Irrefutable Evidence : Electronic Signature Applied After Departure The XXXX in GM Financial 's own system establishes the smoking-gun evidence : - Retail Installment Sale Contract Created : XX/XX/XXXX, XXXX PM XXXX - Converting to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Standard XXXX XXXX XXXX Departure Time : Approximately XXXX PM EST - Time Difference : XXXX MINUTES AFTER I LEFT THE DEALERSHIP This timestamp evidence establishes conclusively that : XXXX. I was NOT present when the electronic signature was applied XXXX. I could NOT have applied the electronic signature myself ( I was no longer at the dealership ) XXXX. The signature was applied by another party or through unauthorized automated means XXXX. No valid consent to electronic signature could have been obtained when I was not present XXXX Timeline of Consumer 's Demands and GM Financial 's Failures XX/XX/XXXX : - Submitted formal fraud report via email to GM Financial Credit Fraud Department - Explicitly reported dealer-induced misrepresentation and material fraud - Offered audio recording of dealership admissions as evidence - Requested investigation into loan purpose misrepresentation XX/XX/XXXX : - GM Financial claims it " closed '' an investigation due to " insufficient evidence '' - FAILED to request audio recording evidence - FAILED to conduct meaningful interview - FAILED to acknowledge timestamp evidence - No genuine investigation conducted ( as required by law ) XX/XX/XXXX : - GM Financial claims it sent " fraud claim package '' - Consumer never received this package despite monitoring mail XX/XX/XXXX : - Credit Fraud Department XXXX XXXX : " Our records reflect that a prior review of this account was completed and the investigation was closed in XX/XX/XXXX due to insufficient evidence of misrepresentation '' - Revealed GM Financial XXXX XXXX " review '' equivalent to an " investigation '' ( legally incorrect ) - Demanded consumer complete " fraud claim package '' within XXXX business days XX/XX/XXXX : - Sent formal demand letter via Email - Demanded complete electronic signature authentication evidence under Georgia XXXX and XXXX XXXX - Demanded digital attribution data, audit trails, system administrator affidavits - Explicitly stated : NO AFFIDAVIT REQUIRED FROM ME - Stated burden of proof entirely on GM Financial XXXX Date : - GM Financial has FAILED to produce the XXXX XXXX XXXX - GM Financial has FAILED to provide the electronic audit trail - GM Financial has FAILED to unwind the voided contract - GM Financial has FAILED to halt collection activity - GM Financial CONTINUES XXXX and obstruction - GM Financial XXXX XXXX XXXX GM Financial 's Pattern of Administrative Misconduct XXXX. FAILURE TO CONDUCT REASONABLE INVESTIGATION ( FCRA VIOLATION ) 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) requires furnishers to conduct reasonable investigations of consumer disputes. GM Financial : - Never requested the audio recording evidence offered on XX/XX/XXXX - Never examined the timestamp discrepancy showing post-departure signature - Never interviewed dealership personnel under oath - Never produced required authentication data - Closed " investigation '' in XXXX month without meaningful fact-finding XXXX. DEMAND FOR CONSUMER AFFIDAVIT Despite clear requirements that the BURDEN OF PROOF IS ON THE LENDER under Georgia XXXX and XXXX XXXX, GM Financial demanded the consumer complete an affidavit, attempting to shift the legal burden. XXXX. REFUSAL TO PRODUCE E-SIGN ACT COMPLIANCE EVIDENCE When presented with undisputed evidence of a post-departure electronic signature, a law-abiding lender would immediately : - Produce the audit trail and authentication logs- Provide system administrator affidavit - Demonstrate ESIGN consent was properly obtained - Suspend collection pending authentication GM Financial has done NONE of thes e things. D. The Legal Standard The National Consumer Law Center states clearly : " If the consumer denies signing and presents evidence supporting that denial, the burden of proof generally shifts to the party seeking to prove the contract to show that it was the consumer who assented to the contract. '' Consumer presented evidence : ( a ) I left at XXXX PM, ( b ) signature applied at XXXX PM, ( c ) I was not present. GM Financial 's response : Silence. Refusal to produce evidence. Continued collection threats. This is not business as usual. This is total contempt for federal law. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - SECTION XXXX : VIOLATIONS OF LAW Count XXXX : Violations of the XXXX XXXX in Global and National XXXX XXXX ( XXXX XXXX ), XXXX XXXX. XXXX et seq. - Failure to obtain valid consumer consent to electronic records - Application of electronic signature when consumer not present - Failure to provide required disclosures about electronic signature rights- Continued enforcement of contract with unauthenticated electronic signature Count XXXX : Violations of Georgia Uniform Electronic Transactions Act ( XXXX ), XXXX. XXXX et seq. - Failure to prove electronic signature was " executed or adopted by a person with the intent to sign the record '' - Breach of statutory burden : " the burden of proof is on the party seeking to enforce the signature '' Count XXXX : Violations of the Fair Credit Reporting Act ( FCRA ), XXXX XXXX. XXXX ( a ) ( XXXX ) ( A ) - Furnishing disputed information to credit bureaus without reasonable investigation - Failing to conduct meaningful inquiry into XXXX evidence and signature authenticity - Continuing to report after placed on notice of unauthenticated signature Count XXXX : Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ), Consumer Financial Protection Act, XXXX U.S.C. XXXX UNFAIR : - Attempting to collect debt supported by questionable electronic signature without authentication - Demanding payments on contract where validity is seriously disputed - Threatening repossession of vehicle based on potentially void contract DECEPTIVE : - Representing a " review '' as an " investigation '' - Demanding consumer affidavit while not producing required lender evidence - Misleading consumer about legal rights and obligations ABUSIVE : - Stonewalling legitimate signature authentication requests- Continuing pressure tactics ( repossession threat ) while refusing to validate debt - Taking unreasonable advantage of consumer 's inability to protect interests Count XXXX : Violations of the Fair Debt Collection Practices Act ( FDCPA ), XXXX XXXX. XXXX - Attempting to collect debt not owed ( signature not authenticated ) - Misleading statements regarding the character, amount, or legal status of the debt - Unfair practices in collection of consumer debts -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - SECTION XXXX : DEMANDS FOR IMMEDIATE RELIEF I respectfully demand that GM Financial XXXX immediately : A. PRODUCE WITHIN XXXX BUSINESS DAY : XXXX. Complete digital attribution data for both XXXX XXXX and XXXX XXXX. Complete XXXX XXXX and metadata showing timestamp, IP address, device identification XXXX. Evidence of ESIGN consent and electronic signature disclosures 4. Visual documentation of signing process ( screenshots, recordings ) 5. Sworn affidavit from system administrator attesting to : - Security protocols in place - System integrity- Verification that signature was not compromised - EXPLANATION of how signature was validly applied 33 minutes after consumer departure B. IMMEDIATE ACTIONS REQUIRED : 1. Cease ALL collection activity immediately pending authentication XXXX. Cease ALL credit reporting immediately ( including recall of disputed tradelines ) XXXX. Suspend account and place in forbearance status pending investigation XXXX. Recall any assigned repossession agents or orders XXXX. Refund all payments made since XX/XX/XXXX ( the date of fraud notice ) XXXX CONTRACT REMEDY : Given the irrefutable evidence of post-departure signature application and failure to authenticate, GM Financial must : XXXX. Acknowledge the contract is XXXX as electronic signature was not applied in consumer 's presence or with consumer 's knowledge XXXX. Or acknowledge contract is VOIDABLE due to failure to obtain valid ESIGN consent 3. Unwind the transaction by : - Accepting return of vehicle - Refunding ALL payments made ( down payment, monthly installments, fees ) - Removing ALL negative credit reporting - Paying statutory damages for UDAAP and FCRA violations- Paying attorney fees and costs D. INVESTIGATION REQUIRED : 1. Reopen investigation with proper scope ( not just a " review '' ) 2. Interview dealership personnel under oath 3. Examine the 33-minute window between departure and signature application 4. Preserve all evidence and prevent destruction/alteration E. WRITTEN RESPONSE : Provide written confirmation of compliance with each demand above within XXXX business day, signed by authorized XXXX of GM Financial XXXX -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - SECTION VI : CONSUMER 'S RIGHTS UNDER FEDERAL LAW I assert the following rights : XXXX. RIGHT TO DEBT VALIDATION Under XXXX U.S.C. 1692g, any debt collector must provide validation of the debt. When the debt is supported by electronic signatures applied when I was not present, the burden to validate is extremely high. 2. RIGHT TO ACCURATE CREDIT REPORTING Under FCRA 1681s-2 ( a ) ( 1 ) ( A ), furnishers must investigate disputes and not report inaccurate information. 3. RIGHT TO E-SIGN ACT PROTECTIONS Under 15 U.S.C. 7003, I have the right to enforce violations of ESIGN Act provisions. 4. RIGHT TO UDAAP PROTECTIONS Under 12 U.S.C. 5531, I am protected from unfair, deceptive, and abusive acts. 5. RIGHT TO STATE LAW REMEDIES Under Georgia UETA and consumer protection laws, GM Financial bears the burden of proof for signature validity. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - SECTION VII : EVIDENCE TO SUPPORT COMPLAINT I submit the following evidence : 1. Email from GM Financial Credit Fraud Department dated XX/XX/XXXX, admitting " investigation '' closed without meaningful inquiry XXXX. Documentation of timestamp showing XXXX created XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX SECTION : CONCLUSION GM Financial has been placed on notice for months. They have been provided irrefutable evidence that the electronic signature was applied when I was not present. Under the law, the burden of proof is entirely on GM Financial to produce authentication evidence. GM Financial has failed. They have stonewalled. They have obfuscated. They have demanded I complete an affidavit without producing their own required evidence. This is total contempt for federal law. I am not asking for special treatment. I am demanding that GM Financial comply with the XXXX XXXX in Global and National XXXX XXXX, the Fair Credit Reporting Act, and the Consumer Financial Protection Act. The evidence is clear. The law is clear. The contract is not enforceable. I request the CFPB compel GM Financial to : XXXX. Produce the electronic signature authentication immediately XXXX. Or admit they can not authenticate the signatures XXXX. Or rescind the contract and refund all money I am prepared to pursue all available legal remedies including federal court action for FDCPA, FCRA, and UDAAP violations if this complaint does not result in immediate corrective action. Respectfully submitted, ATTACHMENTS : - XXXX created XX/XX/XXXX at XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Email from GM Financial Credit Fraud Department dated XX/XX/XXXX, admitting " investigation '' closed without meaningful inquiry

Company response to consumer: Closed with explanation