Consumer complaint received 2024-03-23 00:00:00
Product: Vehicle loan or lease — Lease
Issue: Repossession — Voluntary repossession
Company: ALLY FINANCIAL INC.
State: TX

Complaint narrative:
ALLY FINANCIAL is in violation of the law and will be held to criminal liability pursuant to 15USC 1611. After carefully looking over both the retail installment agreement and the purchase agreement, I found that the following sections of the law were violated ; 15USC 1635 ( a ), 15USC1611, 15USC1605 ( a ), 15USC 1662 ( 2 ), 15USC1605 ( c ), which voids our retail installment agreement due to their actions taken against me and I hereby, revoke my signature on any agreement Ally Financial may have on file. Ally Financial failed to disclose that under Article 8 of the UCC, I am a third party to an investment. The vehicle or property obtained through this consumer to credit transaction was paid for with the security ( my finance application ), which you also failed disclose before the retail installment agreement was initially signed. Furthermore, as shown in our agreement, a downpayment of {$1000.00} was required by the dealership towards this consumer to credit transaction which violates 15USC 1662 ( 2 ) & 15USC1605 ( a ) because this transaction does not include a cash transaction but the dealership stated it was required that falls under false information and violates 15USC1611. In reference to the violation above, Ive been paying insurance at XXXX XXXX for the property obtained during this consumer credit transaction which violates 15USC1605 ( c ) because the law clearly states, insurance is included in the Finance Charge as well as the sum of ALL charges ; I am hereby requesting in good faith and honor, the rescission disclosures you conspicuously provided me along with the statement required under this subchapter before the original agreement was signed. Ally Financial and the original creditor ( s ) ignorance of the law is no excuse, as these disclosures are mandatory to be provided to the consumer or retail buyer under Truth In Lending 15USC 1635 ( a ). This notice is to inform Ally Financial and the original creditor that I am exercising my right to rescind our agreements in this consumer to credit transaction as both agreements are voided by violations. I refuse to pay any alleged debt or anymore payments to Ally Financial and I order you to CEASE AND DESIST all collections activity regarding any alleged debt. You have no authorization from me to contact any third party or consumer reporting agency with my nonpublic personal information pursuant to my right to OPT OUT of it being disclosed for any purpose as per 15USC6802 ( B ). In this notice, the Creditor Ally Financial has been given XXXX  days from the receipt of this rescission notice by the obligor to pick up the property obtained during the consumer to credit transaction parked at my physical address located at ( XXXX XXXX XXXX XXXX, XXXX, TX XXXX ) pursuant to

15USC 1635 ( B ) RETURN OF MONEY OR PROPERTY FOLLOWING RESCISSION. In addition to this section, Should you choose to pick up the tendered property, I am seeking my downpayment of {$1000.00} paid towards this consumer to credit transaction as well as the full finance charge in the original agreement and all cash payments paid monthly
to Ally Financial since ( XX/XX/XXXX ) along with {$1000.00} for each violation ( XXXX ) for deceiving me to sign this voided contract and make cash payments to you under advertisement of false information. After ( XX/XX/XXXX ), if Ally Financial attempts to illegally repossess the vehicle or property obtained, your company will be held criminally liable for violations of 15USC6802 ( B ) and 15USC 1692F ( 6 ). According to 15USC1692 F - A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section. Pursuant to 15USC 6802 Section B - Ally Financial ( The Financial Institution ) may not disclose any of my nonpublic personal information to any third party for any cause. I am exercising my nondisclosure option that was also violated in this section due to your company contacting the consumer reporting agencies without providing me with all XXXX of my privacy disclosures ( A-C ) for the opportunity to OPT OUT of information being disclosed to such third party and Ally Financial shall do so no further.

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