Consumer complaint received 2024-09-19 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Problem with fees charged
Company: American Credit Acceptance, LLC
State: CA

Complaint narrative:
XX/XX/XXXX THIS NOTICE WILL GO TO CFPB AMERICAN CREDIT ACCEPTANCE , LLC XXXX XXXX XXXX XXXX XXXX XXXXXXXX Notice to agent is notice to to principal notice to principal is notice to agent This is a notice for Violation of FINANCE CHARGE of according with law 15usc1638 which it explains In detail what a FINANCE CHARGE includes and what is excluded Like my insurance premiums thats another violation of FINANCE CHARGE the alleged agreement that Im attaching to this letter it has insurance statement it clearly says UNLESS A CHARGE IS INCLUDED IN THIS AGREEMENT FOR PUBLIC LIABILITY OR PROPERTY DAMAGE INSURANCE, PAYMENT FOR SUCH COVERAGE IS NOT PROVIDED BY THIS AGREEMENT. 

This alleged agreement does have a charge in it but no insurance also the gap insurance was denied when I asked for it the reason they told me that it wont be added was that the price would be higher a credit wouldnt be approved they wanted to add it as a cash value FINANCE and GAP INSURANCE IS ADDED TO THE FINANCE CHARGE thats another violation PORTFOLIO SERVICE CONTRACT IS ALSO A FINANCE CHARGE in the alleged agreement thats attached clearly it shows its not added as a FINANCE CHARGE looking into the DETERMINATION OF A FINANCE CHARGE 15usc1605 FINANCE CHARGE in TILA it says that a FINANCE CHARGE dose not include any transaction comparable in the value of cash FINANCE CHARGE has to have in detail what was added To The total Cost of credit thats APR + ANY CHARGES=FINANCE CHARGE it doesnt say to show in detail amount to be FINANCE CASH VALUE I believe this is how it should be calculated ITEMAZATIONS OF FINANCE A.CASH VALUE 1CASH VALUE 2CASH VALUE B.CHARGE C.CHARGE G.CASH VALUE H.CHARGE I.CHARGE TOTAL PRIZE IN CASH VALUE IS MINUS DOWN PAYMENT= CASH VALUE+GOVERNMENT FEES=AMOUNT FINANCE CHARGE=FINANCE CHARGE+APR= THE COST OF ALL CREDIT 15usc1605 DETERMINATION OF A FINANCE CHARGE 15usc1638 allows obligor to rescind the alleged debt and the creditor/American credit acceptance in 20 calendar days must return all my money of payments also my down payment in its entirety, plus amount of the action plus attorney fees if I present this in court Iam willing to settle this as 1,000 per violation dont go thru the courts and rescind alleged debt you will have 2 business days to mail a check in the amount of {$12000.00} for the 12 VIOLATIONS VIOLATION 1. FINANCE CHARGE VIOLATION 2. FINANCE CASH VALUE VIOLATION 3.GAP INSURANCE VIOLATION 4.INSURANCE PREMIUMS VIOLATION 5.DOCUMENT FEE VIOLATION 6. EMMISSION TESTING VIOLATION 7. ELECTRICTONIC REGISTRATION VIOLATION 8. SERVICE CONTRACT PORTFOLIO VIOLATION 9.TOTAL SALE OF PRICE VIOLATION 10. APR VIOLATION 11. MONTHLY PAYMENTS VIOLATION 12. TOTAL OF PAYMENTS Pursuant to 15usc1640 ( 3 ), any alleged debt to be rescind if its in violation of a FINANCE CHARGE If such person XXXX XXXX XXXX  willfully deny my request I wont hesitate to go into civil liability Pursuant to 15 usc1638 for erroneous Disclosures and itemizations of the finance as cash value and itemizations of finance charge And for not providing premium insurance which is part of FINANCE CHARGE Of The alleged agreement and wasnt offered to me The service contract portfolio is a finance charge which is another violation The fees in the in the alleged agreement except for government fees is a finance charge The only thing that should be financed Is government fees the price of the car minus the down payment 15usc1638 15 U.S. Code 1640 - Civil liability ( a ) INDIVIDUAL OR CLASS ACTION FOR DAMAGES ; AMOUNT OF AWARD ; FACTORS DETERMINING AMOUNT OF AWARD Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection ( f ) or ( g ) of section 1641 of this title, or part D or XXXX of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of the failure ; ( 2 ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or ( B ) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of {>= $1,000,000} or 1 per centum of the net worth of the creditor ; ( 3 ) in the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of rescission under section 1635 or 1638 ( e ) ( 7 ) of this title, the costs of the action, together with a reasonable attorneys fee as determined by the court ; and ( 4 ) in the case of a failure to comply with any requirement under section 1639 of this title, paragraph ( 1 ) or ( 2 ) of section 1639b ( c ) of this title, or section 1639c ( a ) of this title, an amount equal to the sum of all finance charges and fees paid by the consumer, unless the creditor demonstrates that the failure to comply is not material. 
In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditors failure of compliance was intentional. In connection with the disclosures referred to in subsections ( a ) and ( b ) of section 1637 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, 1637 ( a ) [ 2 ] of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title, or for failing to comply with disclosure requirements under State law for any term or item that the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms or items referred to in section 1637 ( a ) of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title. In connection with the disclosures referred to in subsection ( c ) or ( d ) of section 1637 of this title, a card issuer shall have a liability under this section only to a cardholder who pays a fee described in section 1637 ( c ) ( 1 ) ( A ) ( ii ) ( I ) or section 1637 ( c ) ( 4 ) ( A ) ( i ) of this title or who uses the credit card or charge card. In connection with the disclosures referred to in section 1638 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, of paragraph ( 2 ) ( insofar as it requires a disclosure of the amount financed ), ( 3 ), ( 4 ), ( 5 ), ( 6 ), or ( 9 ) of section 1638 ( a ) of this title, or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title, of subparagraphs ( A ), ( B ), ( D ), ( F ), or ( J ) of section 1638 ( e ) ( 2 ) of this title ( for purposes of paragraph ( 2 ) or ( 4 ) of section 1638 ( e ) of this title ), or paragraph ( 4 ) ( C ), ( 6 ), ( 7 ), or ( 8 ) of section 1638 ( e ) of this title, or for failing to comply with disclosure requirements under State law for any term which the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms referred to in any of those paragraphs of section 1638 ( a ) of this title or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title. With respect to any failure to make disclosures required under this part or part D or E of this subchapter, liability shall be imposed only upon the creditor required to make disclosure, except as provided in section 1641 of this title.

( b ) CORRECTION OF ERRORS A creditor or assignee has no liability under this section or section 1607 of this title or section 1611 of this title for any failure to comply with any requirement imposed under this part or part E, if within sixty days after discovering an error, whether pursuant to a final written examination report or notice issued under section 1607 ( e ) ( 1 ) of this title or through the creditors or assignees own procedures, and prior to the institution of an action under this section or the receipt of written notice of the error from the obligor, the creditor or assignee notifies the person concerned of the error and makes whatever adjustments in the appropriate account are necessary to assure that the person will not be required to pay an amount in excess of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually disclosed, whichever is lower.

( c ) UNINTENTIONAL VIOLATIONS ; BONA FIDE ERRORS A creditor or assignee may not be held liable in any action brought under this section or section 1635 of this title for a violation of this subchapter if the creditor or assignee shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. Examples of a bona fide error include, but are not limited to, clerical, calculation, computer malfunction and programing, and printing errors, except that an error of legal judgment with respect to a persons obligations under this subchapter is not a bona fide error.

( d ) LIABILITY IN TRANSACTION OR LEASE INVOLVING MULTIPLE OBLIGORS When there are multiple obligors in a consumer credit transaction or consumer lease, there shall be no more than one recovery of damages under subsection ( a ) ( 2 ) for a violation of this subchapter.

( e ) JURISDICTION OF COURTS ; LIMITATIONS ON ACTIONS ; STATE ATTORNEY GENERAL ENFORCEMENTExcept as provided in the subsequent sentence, any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation or, in the case of a violation involving a private education loan ( as that term is defined in section 1650 ( a ) of this title ), 1 year from the date on which the first regular payment of principal is due under the loan. Any action under this section with respect to any violation of section 1639, 1639b, or 1639c of this title may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 3-year period beginning on the date of the occurrence of the violation. This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law. An action to enforce a violation of section 1639, 1639b, 1639c, 1639d, 1639e, 1639f, 1639g, or 1639h of this title may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction, not later than 3 years after the date on which the violation occurs. The State attorney general shall provide prior written notice of any such civil action to the Federal agency responsible for enforcement under section 1607 of this title and shall provide the agency with a copy of the complaint. If prior notice is not feasible, the State attorney general shall provide notice to such agency immediately upon instituting the action. The Federal agency may ( 1 ) intervene in the action ; ( 2 ) upon intervening ( A ) remove the action to the appropriate United States district court, if it was not originally brought there; and ( B ) be heard on all matters arising in the action; and ( 3 ) file a petition for appeal. 
( f ) GOOD FAITH COMPLIANCE WITH RULE, REGULATION, OR INTERPRETATION OF BUREAU OR WITH INTERPRETATION OR APPROVAL OF DULY AUTHORIZED OFFICIAL OR EMPLOYEE OF FEDERAL RESERVE SYSTEM No provision of this section, section 1607 ( b ) of this title, section 1607 ( c ) of this title, section 1607 ( e ) of this title, or section 1611 of this title imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Bureau to issue such interpretations or approvals under such procedures as the Bureau may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

( g ) RECOVERY FOR MULTIPLE FAILURES TO DISCLOSE The multiple failure to disclose to any person any information required under this part or part D or E of this subchapter to be disclosed in connection with a single account under an open end consumer credit plan, other single consumer credit sale, consumer loan, consumer lease, or other extension of consumer credit, shall entitle the person to a single recovery under this section but continued failure to disclose after a recovery has been granted shall give rise to rights to additional recoveries. This subsection does not bar any remedy permitted by section 1635 of this title.

( h ) OFFSET FROM AMOUNT OWED TO CREDITOR OR ASSIGNEE ; RIGHTS OF DEFAULTING CONSUMER A person may not take any action to offset any amount for which a creditor or assignee is potentially liable to such person under subsection ( a ) ( 2 ) against any amount owed by such person, unless the amount of the creditors or assignees liability under this subchapter has been determined by judgment of a court of competent jurisdiction in an action of which such person was a party. This subsection does not bar a consumer then in default on the obligation from asserting a violation of this subchapter as an original action, or as a defense or counterclaim to an action to collect amounts owed by the consumer brought by a person liable under this subchapter.

( i ) CLASS ACTION MORATORIUM ( 1 ) IN GENERALDuring the period beginning on May 18, 1995, and ending on October 1, 1995, no court may enter any order certifying any class in any action under this subchapter ( A ) which is brought in connection with any credit transaction not under an open end credit plan which is secured by a first lien on real property or a dwelling and constitutes a refinancing or consolidation of an existing extension of credit ; and ( B ) which is based on the alleged failure of a creditor ( i ) to include a charge actually incurred ( in connection with the transaction ) in the finance charge disclosed pursuant to section 1638 of this title ; ( ii ) to properly make any other disclosure required under section 1638 of this title as a result of the failure described in clause ( i ) ; or ( iii ) to provide proper notice of rescission rights under section 1635 ( a ) of this title due to the selection by the creditor of the incorrect form from among the model forms prescribed by the Bureau or from among forms based on such model forms.

( 2 ) EXCEPTIONS FOR CERTAIN ALLEGED VIOLATIONS Paragraph ( 1 ) shall not apply with respect to any action ( A ) described in clause ( i ) or ( ii ) of paragraph ( 1 ) ( B ), if the amount disclosed as the finance charge results in an annual percentage rate that exceeds the tolerance provided in section 1606 ( c ) of this title ; or ( B ) described in paragraph ( 1 ) ( B ) ( iii ), if ( i ) no notice relating to rescission rights under section 1635 ( a ) of this title was provided in any form ; or ( ii ) proper notice was not provided for any reason other than the reason described in such paragraph.

( j ) PRIVATE EDUCATIONAL LENDER A private educational lender ( as that term is defined in section 1650 ( a ) of this title ) has no liability under this section for failure to comply with section 1638 ( e ) ( 3 ) of this title ). [ 3 ] ( k ) DEFENSE TO FORECLOSURE ( 1 ) IN GENERAL Notwithstanding any other provision of law, when a creditor, assignee, or other holder of a residential mortgage loan or anyone acting on behalf of such creditor, assignee, or holder, initiates a judicial or nonjudicial foreclosure of the residential mortgage loan, or any other action to collect the debt in connection with such loan, a consumer may assert a violation by a creditor of paragraph ( 1 ) or ( 2 ) of section 1639b ( c ) of this title, or of section 1639c ( a ) of this title, as a matter of defense by recoupment or set off without regard for the time limit on a private action for damages under subsection ( e ).

( 2 ) AMOUNT OF RECOUPMENT OR SETOFF ( A ) In general The amount of recoupment or set-off under paragraph ( 1 ) shall equal the amount to which the consumer would be entitled under subsection ( a ) for damages for a valid claim brought in an original action against the creditor, plus the costs to the consumer of the action, including a reasonable attorneys fee.

( B ) Special rule Where such judgment is rendered after the expiration of the applicable time limit on a private action for damages under subsection ( e ), the amount of recoupment or set-off under paragraph ( 1 ) derived from damages under subsection ( a ) ( 4 ) shall not exceed the amount to which the consumer would have been entitled under subsection ( a ) ( 4 ) for damages computed up to the day preceding the expiration of the applicable time limit.

( l ) EXEMPTION FROM LIABILITY AND RESCISSION IN CASE OF BORROWER FRAUD OR DECEPTION In addition to any other remedy available by law or contract, no creditor or assignee shall be liable to an obligor under this section, if such obligor, or co-obligor has been convicted of obtaining by actual fraud such residential mortgage loan. 
MY BEST REGARDS XXXX XXXX

Company response to consumer: Closed with explanation