Consumer complaint received 2024-04-03 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Improper use of your report — Reporting company used your report improperly
Company: Burns Auto Credit, LLC
State: SC

Complaint narrative:
Burns Auto Credit LLC. haven't given me proper notice before reporting information on any consumer reports on monthly basis. And they have not allow me my right to opt out at any time. And their initial notice wasn't clear & conspicuous on my right to opt out at anytime. 313.7 Form of opt out notice to consumers ; opt out methods. ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. ( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Burns Auto Credit LLC - illegal charge me a down payment during consumer transaction 15 U.S. Code 1666b - Timing of payments ( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. Burns Auto Credit LLC never credit my balance according to 15 U.S. Code 1666d - Treatment of credit balance Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. Burns Auto Credit LLC made misrepresentation of payments owe to them. According to Retail installment Contract section Security Interest- indicate that this section secures all payments of all I owe on this contract. But, Burns Auto Credit LLC asking and required me to make payments to them. And, I have submitted with IRS 1099C for cancellation of debt and still waiting on copy B from Burns Auto Credit LLC. After searching Secretary of State website to see if perfected lien has my filed against me and the vehicle. There was no lien filed as 12.10.23. So, I secured lien against myself & vehicle in question on 12.10.23 and receive certified copy from Secretary of State and copy of it has been forward to Burns Auto Credit LLC. I have mailed to Burns Auto Credit LLC notarized revocation letter of all their security interest in the subject vehicle and car title

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation