Consumer complaint received 2024-12-21 00:00:00
Product: Debt collection — Auto debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: CREDIT ACCEPTANCE CORPORATION
State: LA

Complaint narrative:
Subject : Request for Documentation and Immediate Action Regarding Vehicle Friendly Surrender, Sale, and Reporting Violations Dear Credit Acceptance, I am writing to formally request documentation related to the friendly surrender and subsequent sale of my vehicle under account number [ XXXX ]. Additionally, I wish to address misleading and false information I received from XXXX XXXX, Senior Compliance Analyst Regulatory Complaints, who stated that despite the sale of the vehicle, I was still required to pay the full amount owed on the loan. Based on the clear provisions of Missouri state law and federal law, this is incorrect and constitutes a violation of consumer protection laws. 

Request for Documentation : I am requesting the following documents and information regarding the friendly surrender and sale of my vehicle : XXXX XXXX XXXX : A detailed statement showing the balance of my loan at the time of the friendly surrender and how the sale proceeds were applied to the balance. This should include all accrued interest, fees, and charges. 

Vehicle Sale Report : Documentation showing the sale price of the vehicle, the date of sale, and any fees related to the surrender and sale of the vehicle, such as auction fees or storage fees. 

XXXX XXXX XXXX : A breakdown of the loan payoff amount, including any remaining balance or charges after the sale of the vehicle. 

Confirmation of XXXX XXXX : Written confirmation that the full balance of the loan has been settled, or a clear statement if there is any remaining deficiency balance. 

False and Misleading Information : During a conversation with XXXX XXXX, Senior Compliance Analyst Regulatory Complaints at XXXX XXXX, I was informed that despite the sale of the vehicle, I was still obligated to pay the full amount owed on the loan. When I raised concerns that this would be akin to selling the car twice, XXXX XXXX responded by stating that this was " mandatory '' under XXXX XXXX 's rules. Furthermore, when I mentioned that this seemed illegal under both state and federal laws, XXXX XXXX dismissed my concerns and insisted that the company 's actions were in compliance with their policies. 

The call from XXXX XXXX occurred on XXXX XXXX XXXXXX/XX/year>, at XXXXXXXX XXXX, from the number XXXX. The call lasted XXXX minutes and XXXX seconds, and the conversation was recorded. This recording can easily be retrieved to verify the statements made by XXXX XXXX, which were misleading and inaccurate. As a XXXX XXXX XXXX, XXXX XXXX should be fully aware of the legal protections provided to consumers under Missouri state law and federal law, yet she provided incorrect and misleading information. 

Violation of Consumer Protection Laws : In addition to the violations of the Missouri Uniform Commercial Code ( UCC ), XXXX XXXX 's actions also violate the Missouri XXXX XXXX XXXX, specifically under Section XXXX, which prohibits unfair and deceptive practices in trade or commerce. By misleading me about my obligations after the sale of the vehicle and continuing to report false information, XXXX XXXX has engaged in deceptive practices, which are unlawful under this statute. 

Additionally, as per Missouri Revised Statutes, Section XXXX, any sale proceeds from a surrendered vehicle must be applied to the debt owed, and the consumer must be notified of any remaining balance. If the debt has been fully satisfied by the sale, there should be no further financial obligation on my part. 

XXXX Violations : This account is still being reported as having late payments on my credit report, despite the fact that the vehicle was sold and the loan should have been settled. This reporting of false information to the credit agencies is a clear violation of the Fair Credit Reporting Act ( FCRA ). Under the FCRA, creditors are required to report accurate and up-to-date information to credit reporting agencies. By failing to properly notify the credit agencies about the sale of the vehicle and continuing to report late payments, XXXX XXXX is in violation of the law. 

Specifically, under FCRA 1681s-2 ( a ), furnishers of information ( like XXXX XXXX ) must ensure that the information provided to the credit bureaus is accurate. The continued reporting of late payments when the debt should have been satisfied is a clear error, and I am requesting immediate correction. 

Request for Immediate Action : Given the misleading information provided, the violation of legal rights, and the continued inaccurate reporting to the credit agencies, I am requesting the following actions be taken immediately : A full investigation into the matter, including a review of the statements made by XXXX XXXX and the recorded phone call on XX/XX/year>. 

XXXX removal of the account from my credit report if it has been inaccurately reported as still owing the full balance after the sale. 

A full explanation and documentation of how the sale proceeds were applied to my debt. 

Additionally, I am requesting that this account be removed immediately due to the intentionally misleading practices of XXXX XXXX XXXX. As a Senior Compliance Analyst, XXXX XXXX should have been fully aware of the legal protections provided to consumers under both Missouri XXXX XXXX and XXXX XXXX, yet she provided incorrect and misleading information, which I believe was intentional. This deceptive conduct has violated my rights as a consumer, and as a result, the account should be removed from my credit report immediately. 

I also request that the Consumer Financial Protection Bureau ( CFPB ) investigate this matter immediately to ensure that XXXX XXXX is held accountable for these illegal actions. The misleading information and failure to properly report the sale of the vehicle have caused significant harm, and I believe it is necessary for the CFPB to take swift action in this case. 

Despite my previous communications, XXXX XXXX has continued to falsify information regarding my account. They reported the vehicle as a voluntary surrender in 2024, yet my credit report has listed it as a voluntary surrender for years I have proof. The vehicle was sold years ago, but XXXX XXXX failed to report the sale or update my consumer report, intentionally misrepresenting my debt for years. Even after the CFPB getting involved, it clearly shows from the response that was sent the company feels above the law with no respect for THE CFPB, CONSUMERS OR AGENCIES by intentionally failing to report correct information for years on my consumer report. The company has failed to act and continues to prolong the situation, showing a clear disregard for federal and state laws. The phone conversation I had with XXXX XXXX on XX/XX/year> from phone number XXXX ( lasting XXXX minutes and XXXX seconds ) shows that the company has no intention of following the law, and their actions suggest an attempt at intentional fraud. They have had more than enough time to correct these issues, but have failed to do so, causing ongoing harm and violating my rights under consumer protection laws. 

Given Credit Acceptance 's intentional misrepresentation of my account, their failure to update my credit report, and their ongoing violations of federal and state laws despite multiple notifications, a monetary penalty is necessary to compensate for the financial harm caused to me and to ensure accountability, while also deterring similar misconduct by other companies, with penalties enforceable by the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), the Missouri Attorney General, and the credit reporting agencies. 

All information I requested may be delivered via email! 

I look forward to your prompt response and resolution within XXXX business days given that your company has had years to fix this! I request this account be deleted immediately offer my consumer report in return do to this damaging situation! 

Sincerely, 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