Consumer complaint received 2025-03-18 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Notice to repossess
Company: TRUIST FINANCIAL CORPORATION
State: IL

Complaint narrative:
This letter serves as a formal legal demand on behalf of XXXX XXXX and XXXX XXXX, regarding the wrongful repossession and subsequent sale of our vehicle in XXXX. Regional Acceptance actions violated Uniform Commercial Code ( UCC ) Article 9, the Fair Credit Reporting Act ( FCRA ) ( 15 U.S.C. 1681 et seq. ), and potentially the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692 et seq. ), given the improper and deceptive handling of our account.

1. Failure to Provide Proper Notice Under UCC Article 9 Under UCC 9-611 and UCC 9-614 , a secured creditor must provide the debtor with proper notification of repossession and the right to redemption before disposing of the collateral. Regional Acceptance failed to do so in the following ways : Sent redemption notices to an incorrect address, despite having access to our updated mailing address and email address. 
Failed to use available electronic communication ( email ) to notify us properly. 
Did not provide a commercially reasonable opportunity to redeem the vehicle before sale, violating UCC 9-610.

Failure to send proper notice denied us the opportunity to exercise our right to redeem the vehicle, making the repossession and sale unlawful. According to XXXX a Regional representative whom I spoke with and she stated that The vehicle was repossessed on XXXX XXXX, yet we received no legally required notification after this action. 

XXXX. Failure to Notify Despite Direct Communication with Regional Representative On XX/XX/XXXX, at XXXX AM, a Regional Acceptance representative, XXXX XXXX, spoke with the third party regarding our account. At that time, he had direct access to my email address, which was already on file. 
Furthermore, the last email I received from XXXX XXXX was on XX/XX/XXXX, at XXXX XXXX. After that, Regional Acceptance failed to communicate with me in any form regarding the repossession or my right to redeem the vehicle. 
Despite having my verified email address and access to alternative means of communication, your company chose not to provide notice before repossessing and selling my vehicle. This further demonstrates a clear violation of UCC 9-611 and UCC 9-614 , as well as a failure to act in good faith.

3. Unauthorized Third-Party Disclosure Their company also improperly discussed our account details with a third party who was only authorized to discuss payments, violating consumer privacy protections. This action may constitute a violation of 15 U.S.C. 1692c ( b ) under the FDCPA, which prohibits unauthorized disclosures. 

4. Failure to Verify Updated Address Despite USPS Change Notification Prior to the repossession, we had updated our mailing address with the United States Postal Service ( USPS ), ensuring that any official correspondence would be properly forwarded. Despite this, Regional Acceptance failed to take commercially reasonable steps to verify our updated address, instead sending redemption notices to an outdated and incorrect address.

Under UCC 9-611, a secured party is required to provide reasonable and timely notification of repossession and redemption options. Their failure to confirm our updated address through USPS records or alternative meansincluding our known email address on fileconstitutes gross negligence and an unlawful denial of our right to redeem the vehicle. 
As a result, we were deprived of a fair opportunity to exercise our rights, making the repossession and subsequent charge-off improper and legally contestable. 

XXXX. Unlawful Charge-Off Reporting Under FCRA The failure to notify us properly means that any charge-off reported to credit bureaus ( XXXX, XXXX, and XXXX XXXX may be inaccurate or incomplete under the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681s-2. Under the FCRA, creditors must ensure the information they report is accurate and verifiable. Given your violation of UCC notice requirements, we are demanding the immediate removal of this charge-off from our credit reports.

________________________________________ Demand for Immediate Corrective Action To resolve this matter without further legal escalation, we demand the following actions within 15 days of receipt of this letter : XXXX. Provide documentary proof that all required notices were properly sent to the correct address prior to repossession. 
XXXX. Immediately request removal of the charge-off from our credit reports due to improper repossession and failure to notify. 
XXXX. Compensate for any financial harm incurred as a result of this wrongful repossession. 
________________________________________ Notice of Potential Legal Action If these demands are not met within the specified timeframe, we are prepared to pursue all legal remedies available, including but not limited to : Filing complaints with the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), and Illinois Attorney General. 
Pursuing litigation for wrongful repossession and financial damages, including potential claims under UCC Article 9 and federal consumer protection laws.

This letter serves as an official notice of your companys violations and provides you the opportunity to remedy the situation before further action is taken. Failure to respond adequately will result in legal escalation. 
Please direct all correspondence regarding this matter to the undersigned via written communication only. 

Sincerely, XXXX XXXX

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