Consumer complaint received 2025-01-23 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Was not notified of investigation status or results
Company: BMW Financial Services NA, LLC
State: TX

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX Date : XX/XX/XXXX To : Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX XXXX XXXX, XXXX  XXXX Subject : Formal Dispute of Account Reporting, Systemic Misconduct, and Violations of Federal and Texas State XXXX Account Number : XXXX Dear Consumer Financial Protection Bureau , I am writing to formally dispute the grossly inaccurate reporting of my account status and to expose what appears to be a deliberate pattern of unethical and predatory business practices by BMW Financial Services . These actions constitute clear violations of the Fair Credit Reporting Act ( FCRA ), XXXX XXXX CXXXXe XXXX Timing of Payments, XXXX U.S. CXXXXe XXXX Criminal Liability for Willful and Knowing Violation, and Texas state consumer protection laws, including the Texas Debt Collection Act ( TDCA ), Texas Business and Commerce Code ( Deceptive Trade Practices Act - DTPA ), and other applicable statutes. Such systemic misconduct warrants immediate regulatory and legal scrutiny. 

Background of the Dispute As of today, my account is reported as a charge-off with an unpaid balance of {$4600.00}, despite my active engagement in a settlement process. 

On XX/XX/XXXX, I received a settlement offer from XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( acting as your authorized collection agent ), confirming the same balance and providing terms for resolution. 

Despite resolving this matter in good faith, BMW Financial Services has failed to update my credit report to reflect the accurate status of the account, such as settled or paid as agreed. This ongoing inaccuracy has caused severe damage to my creditworthiness and financial stability. 

Violations of Federal Law 1. XXXX U.S. CXXXXe XXXX Timing of Payments This statute mandates that creditors must promptly credit payments received from consumers to their accounts. 

Potential Violations by BMW Financial Services : Failure to Credit Payments in a Timely Manner : BMW delayed or failed to properly credit payments made during the settlement process, resulting in the account being inaccurately reported as charge-off instead of settled or paid as agreed. 

Inaccurate Reporting of Payment History : By continuing to report the account as charge-off despite settlement, BMW ignored or misrepresented payments, violating XXXX timing and accuracy requirements. 

XXXX. XXXX U.S. CXXXXe XXXX Criminal Liability for Willful and Knowing Violation This statute imposes criminal liability on creditors who willfully and knowingly fail to comply with requirements under TILA. 

Potential Violations by BMW Financial Services : Willful Neglect in Reporting Payment Updates : BMW knowingly continued to report false payment statuses ( charge-off ) even after settlement, demonstrating willful non-compliance. 

Pattern of Negligence or Exploitation : A systemic failure to credit payments or misreport obligations strengthens the case for intentional misconduct. 

Violations of Texas Laws Texas Debt Collection Act ( TDCA ) : Unfair or Deceptive Practices ( XXXX ) : Reporting inaccurate credit information ( e.g., maintaining a " charge-off '' status despite the settlement ) may qualify as using deceptive practices. 

Failure to correct errors after a dispute is raised could constitute misleading or deceptive information dissemination. 

Prohibited Practices ( XXXX ) : If BMW Financial Services continued to charge fees or misrepresented the status of your account, this may violate the law prohibiting excessive or unauthorized charges. 

Texas Business and Commerce Code ( Deceptive Trade Practices Act - DTPA ) : The DTPA prohibits false, misleading, or deceptive acts. Misrepresenting the status of your credit account could be actionable under this statute. 

Texas Fair Credit Reporting Act ( FCRA ) : Mirrors the federal FCRA but allows additional protections. Incorrect or untimely reporting to credit bureaus, or failure to investigate and correct disputed information promptly, can violate state laws. 

Breach of Contract : Texas law supports claims for breaches of written or implied contracts. If BMW Financial Services or its agent failed to honor a settlement agreement, it could give rise to liability under state contract laws. 

Negligence and Recklessness : Texas laws recognize claims for negligence. Failing to follow industry standards and proper credit reporting processes could lead to financial harm, making them liable for damages. 

Evidence of Systemic Misconduct BMW Financial Services has been implicated in numerous similar cases of misconduct, demonstrating a systemic failure to adhere to FCRA requirements, Texas Debt Collection Act, DTPA, and other ethical business practices. Examples include : Failure to Update Credit Reporting : Complaint ID : XXXX : BMW Financial Services failed to update a consumers credit report after a settlement, leaving the account inaccurately listed as charge-off. 

Complaint ID : XXXX : BMW ignored a settlement agreement and continued reporting an inflated balance as unpaid, causing financial harm. 

Inadequate Dispute Handling : Complaint ID : XXXX : BMW delayed or failed to adequately investigate disputes, violating TDCAs timeliness and accuracy requirements. 

Complaint ID : XXXX : BMW was accused of neglecting dispute investigations and failing to provide documentation supporting their reporting. 

Misleading Settlement Practices : Complaint ID : XXXX : BMWs unclear settlement terms and failure to update payment statuses caused confusion and financial harm. 

Notice of Recurring Misconduct BMW Financial Services has repeatedly demonstrated failures in consumer protection and ethical conduct. Examples include : XXXX v. BMW Financial Services : BMW was found negligent in updating credit reports and investigating disputes. 

Class Action Allegations of Inaccurate Reporting : Consumers accused BMW of misreporting payment statuses and failing to update accounts post-settlement. 

XXXX XXXX XXXX Against BMW : BMW was held liable for reporting violations, resulting in significant financial harm to consumers. 

Requested Actions To resolve this matter and mitigate further harm, I demand the following : Conduct a Comprehensive Investigation : Review my account, the settlement terms agreed upon with XXXX, XXXX XXXX XXXX XXXX, XXXX, and all related communications. 

Correct Credit Reporting Immediately : Update all credit reporting agencies to reflect the accurate status of my account, such as settled or paid as agreed. 

Provide Written Confirmation : Deliver a detailed explanation of your findings and confirm all corrections within 30 days of receipt of this letter. 

Failure to comply will result in further escalation, including : Filing additional complaints with the CFPB and the State of Texas Attorney General Office citing violations of XXXX, XXXX, and the FCRA. 

Pursuing legal action to recover damages caused by your negligence and misconduct. 

Supporting Document XXXX, XXXX XXXX XXXX XXXX, XXXX Letter ( dated XX/XX/XXXX ). 

Next Steps I expect a written response within 30 days of receipt of this letter, confirming the actions taken to resolve this matter. Failure to address these issues will lead to further regulatory and legal action. 

XXXX XXXX : Phone : XXXX Email : XXXX Thank you for your immediate attention to this matter. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation