Consumer complaint received 2025-04-05 00:00:00
Product: Vehicle loan or lease — Lease
Issue: Managing the loan or lease — Billing problem
Company: Mercedes Benz Financial Services
State: FL

Complaint narrative:
Dear Consumer Financial Protection Bureau, I, XXXX XXXX, Principal and Attorney-In-Fact for XXXX XXXX, file this formal complaint against Mercedes-Benz Financial Services USA LLC ( MBFS ) for multiple violations of federal and state law, including but not limited to : The Truth in Lending Act ( TILA ), 15 U.S.C. 1601 et seq.

Regulation Z, 12 CFR 1026.23 ( d ) ( 1 ) Uniform Commercial Code ( UCC ) 3-603 and 3-203 ( b ) Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq.

Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq.

Common Law Fraud and Conversion under Florida Law Factual Summary : Tender of Payment and Revocation of Security Interest ], I tendered full payment to MBFS via lawful tender ( Bill of Exchange ).

Simultaneously, I issued a formal Revocation of Security Interest, invoking my rights under UCC 3-203 ( b ) and 3-603 and TILA 1635.

Failure to Accept Tender or Cancel Security Interest MBFS refused to accept the tendered payment or transfer the Principals balance to the Principals account.

MBFS failed to terminate the security interest within 20 days, violating 12 CFR 1026.23 ( d ) ( 1 ).

Wrongful Repossession MBFS repossessed the leased vehicle after receipt of tender and revocation, without legal authority, constituting conversion and wrongful taking under Florida law ( McDonald v. Green Tree Servicing , LLC, 41 So. 3d 1006 ).

Defamation of Character via False Credit Reporting MBFS reported a " repossession '' and " default '' on my credit report, despite full tender and dispute, violating the FCRA ( 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) ).

Reporting knowingly false or disputed information also violates FDCPA ( 15 U.S.C. 1692e ( 8 ) ).

Damages Suffered Emotional distress due to illegal repossession and defamation.

Damage to reputation and creditworthiness.

Financial hardship resulting from wrongful repossession.

Notice of Fault and Demand to Cure NOTICE OF FAULT : MBFS is at fault for : Breaching fiduciary duties to credit the Principal 's account.

Engaging in fraud and fraudulent concealment.

Wrongful conversion of property through illegal repossession.

Willful violation of federal consumer protection statutes.

Defamation of character and wrongful credit reporting.

DEMAND TO CURE : You are hereby given ten ( 10 ) business days from the receipt of this notice to : Return the repossessed vehicle to Principal or Fully discharge the account, delete all negative credit reporting, and compensate Principal for financial damages, emotional distress, and reputational harm.

Failure to cure within ten ( 10 ) business days will result in the immediate initiation of : A lawsuit for violations of TILA, FCRA, FDCPA, Florida common law fraud, and conversion ; A request for punitive damages ; Formal complaints to the Federal Trade Commission ( FTC ) and Florida Attorney General. 



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Company response to consumer: Closed with explanation