Consumer complaint received 2025-01-10 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Billing problem
Company: American Credit Acceptance, LLC
State: IL

Complaint narrative:
Subject : Formal Complaint : Deceptive Financial Practices and Consumer Exploitation by CarMax To Whom It May Concern, I am filing this formal complaint against CarMax for engaging in unfair, deceptive, and abusive financial practices in violation of the XXXX XXXX XXXX Reform and Consumer Protection Act ( 12 U.S.C. 5531, 5536 ). CarMaxs conduct has resulted in significant financial harm, emotional distress, and a violation of my rights as a consumer. 

Summary of Violations : Unfair Financing Practices ( 12 U.S.C. 5531 ) : Description : CarMax provided financing terms for a XXXX XXXX XXXX without disclosing the financial impact of unresolved safety recalls and repair obligations that they failed to address. 
XXXX XXXX : CarMax knowingly withheld critical information about the vehicles defects and recalls, leading to unforeseen financial burdens post-purchase. 
XXXXXXXX XXXX : Selling a vehicle with unresolved safety recalls while imposing repair costs that should have been covered under recall obligations. 
Deceptive Practices in Product Representation ( 12 U.S.C. 5536 ) : Description : The vehicle was marketed as certified and reliable despite known defects, including faulty tires, unresolved recalls, and a history of use as a loaner vehicle. 
XXXX XXXX  : Intentional misrepresentation of material facts to induce the sale. 
XXXX XXXX : Misleading marketing and false certification, resulting in financial harm to the buyer. 
Exploitation of Financial Vulnerabilities : Description : By failing to address critical safety recalls and charging for repair costs, CarMax exploited regulatory loopholes, placing an undue financial burden on me. 
XXXX XXXX : Deliberate neglect of obligations to maximize financial gain at the consumers expense. 
XXXX XXXX  : Imposing unjustified financial costs through deceptive practices. 
Incident Details : Purchase Information : Vehicle : XXXX XXXX XXXX Purchase Date and Location : XX/XX/XXXX, CarMax, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  Financial Impact : Significant out-of-pocket expenses for repairs directly tied to unresolved recalls and other defects. 
Emotional distress and lost time due to CarMaxs refusal to address these issues or provide a resolution.

Why CFPB Involvement Is Critical : CarMaxs practices undermine fundamental principles of fairness and transparency in financial transactions. The CFPB has a vital role in addressing deceptive practices that harm consumers and enforcing compliance with federal laws designed to protect financial rights.

Requested Actions : Investigate CarMaxs Practices : Review their compliance with federal consumer protection laws, particularly regarding transparency in financing and disclosure of material defects. 
Enforce Penalties : Impose financial penalties commensurate with the harm caused to consumers. 
Mandate Restitution : Require CarMax to reimburse affected consumers for unjustified repair costs, emotional distress, and any other financial losses.

Strengthen Oversight : Recommend stricter regulations to ensure full disclosure of safety recalls and transparent financial practices in vehicle sales. 
Supporting Documentation : I have retained all relevant documentation, including the purchase agreement, repair invoices, recall notices, and correspondence with CarMax. These materials are available upon request to aid in your investigation. 

Conclusion : I urge the CFPB to take swift action to hold CarMax accountable for their deceptive financial practices and to protect consumers from further harm. Your intervention is crucial to restoring fairness and transparency in the automotive sales industry. 

Thank you for your attention to this matter. Please feel free to contact me for additional information or documentation. 

Sincerely, XXXX XXXX In XX/XX/XXXX, I entered into a purchase and financing agreement with CarMax and XXXX XXXX XXXX ( XXXX  ) for a XXXX XXXX XXXX , involving an initial down payment of {$3000.00}. Subsequently, I discovered multiple breaches of disclosure obligations, contractual duties, and statutory requirements. CarMax materially misrepresented the vehicles condition, concealing its prior usage as a loaner, unresolved safety recalls, and pre-existing defects, including an improperly maintained battery and defective interior components. These omissions directly contravened both federal and state consumer protection laws. 

Despite assurances regarding the vehicles fitness, CarMax failed to fulfill its warranty obligations, requiring me to bear out-of-pocket expenses for repairs, including those covered by manufacturer recalls. Moreover, CarMaxs negligent and deceptive actions resulted in additional financial harm, such as damage to my work uniforms due to improperly restored interior paint. These breaches demonstrate a reckless disregard for compliance with the Magnuson-Moss Warranty Act, the Illinois Consumer Fraud and Deceptive Practices Act, and applicable vehicle safety standards. 

Compounding these violations, XXXX  engaged in predatory lending practices and systematic non-compliance with the Fair Debt Collection Practices Act ( FDCPA ). XXXX misapplied payments, imposed unauthorized fees, and provided intentionally opaque and misleading billing statements. Despite my attempts to rectify these issues, XXXX refused to resolve disputes, failed to furnish clear documentation, and repossessed the vehicle without adherence to due process requirements under Illinois and federal repossession statutes. These actions inflicted significant financial, emotional, and reputational harm. 

Repeated requests for documentation and evidence related to billing discrepancies, repossession justification, and vehicle condition were ignored or delayed by CarMax and XXXX, obstructing my ability to pursue legal remedies. This demonstrates a pattern of obstruction and bad faith, further violating federal consumer protection laws and undermining the principles of fair dealing and transparency. 

I respectfully request the CFPB to conduct a thorough investigation into CarMaxs and XXXX  systemic violations of consumer protection statutes, including the Truth in Lending Act ( TILA ), FDCPA, and the Uniform Commercial Code ( UCC ). Their deceptive practices, predatory lending, and willful non-compliance have caused substantial harm, necessitating remedial actions, restitution, and regulatory enforcement. I consent to the publication of this complaint to inform other consumers of these practices and to promote systemic accountability. 

Violations by CarMax : 1. Deceptive Trade Practices Law : Federal Trade Commission Act ( FTC Act ) 5 ( a ) Prohibits unfair or deceptive acts or practices in commerce.

Selling a vehicle with undisclosed defects, loaning it out without disclosure, and misrepresenting mileage and battery condition constitute deceptive practices.

State Law ( Illinois Consumer Fraud and Deceptive Business Practices Act ) CarMax 's failure to disclose material facts, such as loaning out the car and the condition of the battery, violates this law.

2. Breach of Warranty Implied Warranty of Merchantability ( Uniform Commercial Code - UCC 2-314 ) A car must be fit for ordinary use. Selling a car with defective tires, rims, and a battery that fails shortly after purchase breaches this warranty.

Magnuson-Moss Warranty Act Federal law governing warranties on consumer products. If CarMax failed to honor warranty obligations or misled you about the warranty, this law applies.

3. Failure to Disclose Recalls National Traffic and Motor Vehicle Safety Act Selling a car with recalled tires without addressing the recall violates federal law. The cost of repairing recalls must not be passed to the consumer.

4. Fraud and Misrepresentation Common Law Fraud Falsely claiming that the battery was new, concealing the car 's loaned status, and misrepresenting the mileage as being solely from the previous owner could constitute fraud.

False Advertising Laws Any promotional material or oral assurances about the vehicle 's condition that were inaccurate violate false advertising statutes.

5. Violation of the Used Car Rule FTC 's Used Car Rule Requires dealerships to disclose known mechanical defects and whether the car is being sold " as is. '' Failure to disclose the loaning out of the car or prior damages violates this rule.

6. Improper Repairs and Damage to Property Negligence Painting over leather instead of properly repairing it, leading to damage to your uniforms, constitutes negligence.

Breach of Duty of Care CarMax has a duty to perform repairs in a professional and non-damaging manner.

7. Violation of Consumer Leasing Disclosures Truth in Lending Act ( TILA ) and Consumer Leasing Act ( CLA ) If CarMax failed to disclose loaning the car out or included deceptive financing terms in your purchase agreement, it may violate federal disclosure laws.

8. Breach of Contract Selling a vehicle with unaddressed defects breaches the sales agreement if the vehicle was represented as fit and free from defects. 

Potential Violations by XXXX XXXX XXXX : Failure to Investigate Disputes Fair Credit Reporting Act ( FCRA ) Creditors must investigate disputes thoroughly. If you reported these issues, XXXX 's failure to address them could violate this law. 
Unfair Debt Collection Practices Fair Debt Collection Practices Act ( FDCPA ) If XXXX  is attempting to collect a debt arising from a deceptively sold car, they may be engaging in unfair practices.

Breach of Contract and UCC Default Rules Your financial agreement with XXXX  is tied to the cars fitness. Selling a defective car undermines the basis for the financing agreement.

Steps to Resolve the Issues 1. Document All Evidence Compile all conversations, emails, repair receipts, and reports related to the cars issues. Include dates, times, and the names of CarMax representatives you spoke with.

2. Send Demand Letters Send a formal demand letter to CarMax and XXXX  outlining the issues, legal violations, and your request for resolution ( e.g., full repair, loan forgiveness, or compensation for damages ). Cite applicable laws and statutes.

3. File Complaints File a complaint with the following agencies : Federal Trade Commission ( FTC ) : For deceptive practices. 
Illinois Attorney General : For state-level violations. 
XXXX XXXX XXXX XXXX XXXX XXXX : To document complaints and escalate the matter. 
4. Seek Legal Representation Consult a consumer protection attorney to : Review the sales contract and financing agreement. 
Evaluate claims for fraud, breach of warranty, and deceptive practices. 
Assist with pursuing damages or negotiating a settlement. 
5. Dispute the Debt Notify XXXX  in writing that the debt is in dispute due to the defective and deceptively sold car. Request they suspend collection activity until the dispute is resolved. 
6. File a Civil Suit If CarMax and XXXX  fail to address your claims, you can file a lawsuit for : Fraud Breach of contract Violation of consumer protection laws Damages caused by negligence 7. Report to Credit Bureaus If XXXX reports you as being in default, file a dispute with the credit bureaus ( XXXX, XXXX, XXXX ). Provide evidence of the underlying issues. 

Next Steps If you'd like, I can assist with drafting demand letters, compiling evidence, or preparing a list of legal violations to include in your formal complaints or legal case. 
Legal Analysis of the Incident On XX/XX/XXXX, after finalizing the purchase agreement initiated on XX/XX/XXXX, you acquired a XXXX XXXX XXXX XXXX CarMax, located at XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The transaction included a {$3000.00} down payment, and subsequent payments were required to be made to XXXX XXXX XXXX ( XXXX  ), XXXX, whose address is XXXX XXXX XXXX XXXX XXXX XXXX. However, the contractual process and subsequent interactions were fraught with material misrepresentations, nondisclosures, and breaches of statutory and contractual duties by CarMax and XXXX, resulting in financial, reputational, and professional harm to you. 
Deceptive Misrepresentation and Non-Disclosure ( XXXX XXXX ) CarMax represented the vehicle as being in good condition, equipped with a new battery, and with all mileage attributed to the prior owner. It later became evident that these representations were false. The vehicle had been loaned out by CarMax prior to the sale, a material fact that was neither disclosed nor documented in the purchase agreement. Furthermore, the battery installed in the vehicle was determined to be the original unit from the prior owner, contrary to CarMaxs assertions. These omissions and misrepresentations constitute actionable fraud under common law and violate consumer protection statutes.

Breach of Implied Warranty of Merchantability ( UCC 2-314 ) The Uniform Commercial Code imposes an implied warranty of merchantability on all goods sold by merchants, requiring the goods to be fit for ordinary purposes. The vehicles defective tires ( subject to a manufacturer recall ), damaged paint, faulty battery, and improperly repaired leather seat constitute breaches of this warranty. Furthermore, CarMaxs decision to charge you for repairs related to the recalled tires and other known defects violates UCC provisions and undermines the core purpose of implied warranties. 
Unfair and Deceptive Practices ( XXXX XXXX ) The practices of CarMax fall under the purview of federal and state consumer protection laws, including the Illinois Consumer Fraud and Deceptive Business Practices Act ( 815 ILCS 505/1 ). CarMaxs failure to disclose the loaning out of the car, misrepresentation of the vehicles condition, and subsequent inadequate repairs amount to unfair and deceptive trade practices, actionable under this statute. These actions also violate the Federal Trade Commission Act ( 15 U.S.C. 45 ). 
Failure to Honor Recall Obligations Under the National Traffic and Motor Vehicle Safety Act ( 49 U.S.C. 30120 ), dealerships must repair or replace defective or recalled parts at no cost to the consumer. Charging you for the replacement of recalled tires directly contravenes this federal mandate. This failure further exacerbates CarMaxs liability and underscores its non-compliance with federal safety standards.

Breach of Contract ( XXXX XXXX XXXX ) The purchase agreement inherently required CarMax to deliver a vehicle in accordance with the representations made at the time of sale. The failure to fulfill contractual obligationssuch as repairing the leather seat and ensuring the vehicles overall functionalityconstitutes a breach of contract, actionable under Illinois contract law. 
Negligence and Damage to Personal Property CarMaxs improper repair practices, including painting the leather seat rather than using appropriate restoration methods, caused damage to your uniforms and personal property. This constitutes negligence under Illinois tort law, as CarMax owed a duty of care to perform repairs professionally and breached that duty, resulting in foreseeable damages.

Applicable Laws and Violations Uniform Commercial Code ( UCC ) 2-314 Violation : Breach of implied warranty of merchantability.

Cause and Effect : Delivery of a vehicle unfit for ordinary use led to additional expenses and loss of income.

Responsible Party : CarMax.

Federal Trade Commission Act ( 15 U.S.C. 45 ) Violation : Unfair and deceptive practices.

Cause and Effect : Misrepresentation of vehicle condition and loaning history caused financial and reputational harm.

Responsible Party : CarMax.

Illinois Consumer Fraud and Deceptive Business Practices Act ( 815 ILCS 505/1 ) Violation : Misrepresentation and failure to disclose material facts.

Cause and Effect : Deceptive sales practices undermined the validity of the transaction.

Responsible Party : CarMax. 
National Traffic and Motor Vehicle Safety Act ( 49 U.S.C. 30120 ) Violation : Charging for repairs related to recalled tires.

Cause and Effect : Violation of federal safety standards caused financial loss.

Responsible Party : CarMax.

Fair Credit Reporting Act ( 15 U.S.C. 1681 ) Violation : Failure by XXXX  to investigate disputes and inaccurate reporting. 
Cause and Effect : Damage to credit score and financial reputation. 
Responsible Party : XXXX XXXX XXXX. 

Agencies and Actions Required Consumer Financial Protection Bureau ( CFPB ) : File a complaint against XXXX  for mishandling disputes and violating credit reporting obligations. 
Federal Trade Commission ( FTC ) : Report CarMax for deceptive trade practices and non-compliance with federal regulations. 
Illinois Attorney Generals Office : File a complaint under the Illinois Consumer Fraud and Deceptive Business Practices Act. 
National Highway Traffic Safety Administration ( NHTSA ) : Report CarMaxs failure to honor recall obligations.

Legal Representation : Engage a consumer protection attorney to pursue claims for fraud, breach of contract, and negligence against CarMax. Seek damages for financial loss, emotional distress, and reputational harm.

Conclusion CarMaxs conduct in this matter demonstrates a pattern of deceptive practices, contractual breaches, and statutory violations. XXXX  failure to provide proper notice and its role in exacerbating the harm through improper credit reporting adds to the complexity of this case. Immediate legal action, coupled with regulatory complaints, will be necessary to rectify these violations and secure appropriate remedies. 
Legal Analysis of the Incident On XX/XX/XXXX, post facto the initiation of the purchase agreement on XX/XX/XXXX, you acquired a XXXX XXXX XXXX XXXX CarMax, XXXX at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The transaction involved a pecuniary down payment of {$3000.00} and subsequent payments to XXXX XXXX XXXX ( XXXX  ), XXXX, of XXXX XXXX XXXXXXXX XXXX XXXX XXXX This contractual engagement, however, was plagued with instances of dolus malus ( intentional fraud ), nonfeasance ( failure to act ), and culpa lata ( gross negligence ), culminating in material, financial, and reputational damage to you. 

XXXX. Fraudulent Misrepresentation and Non-Disclosure ( XXXX XXXX ) CarMax engaged in XXXX XXXX by willfully misrepresenting the condition of the vehicle. They claimed the vehicle had a new battery and attributed all mileage to the previous owner, despite the vehicle being commodatum ( loaned out ) prior to the sale. This scienter ( knowledge of wrongdoing ) constitutes a prima facie case of fraud. The failure to disclose the vehicles loan history and the defective condition of key components, including the battery and tires, violated your right to bona fides ( good faith ) in the transaction. 

XXXX. Breach of Implied Warranty of Merchantability ( XXXX XXXX XXXX ) Under the Uniform Commercial Code ( UCC 2-314 ), the seller is obligated to ensure that goods sold are fit for their ordinary purpose. The defects in the tires ( subject to manufacturer recall ), rims, paint, leather seat, and battery rendered the vehicle non conformis ( non-conforming goods ). The act of requiring you to pay for the recall repairs and failing to rectify these defects is contra legem ( against the law ). CarMaxs actions contravened its obligatio ex contractu ( obligation arising from the contract ). 

XXXX. Unfair and Deceptive Trade Practices ( XXXX XXXX ) CarMaxs actions are actionable under Illinois Consumer Fraud and Deceptive Business Practices Act ( XXXX ILCS XXXX ). Their mala fide ( bad faith ) conduct, including misrepresentations about the vehicles history, failure to disclose loaning, and subsequent inadequate repairs, violates the lex loci contractus ( law of the place where the contract was made ). These practices also fall under the purview of the Federal Trade Commission Act ( 15 U.S.C. 45 ), which prohibits unfair or deceptive acts in commerce.

4. Violation of Federal Recall Obligations ( Caveat Venditor ) Under the National Traffic and Motor Vehicle Safety Act ( 49 U.S.C. 30120 ), dealers must repair or replace recalled components at no cost to the consumer. Charging for the replacement of defective tires ex delicto ( arising from a wrongful act ) is ultra vires ( beyond their authority ) and a clear infraction of federal law. This breach caused you pecuniary damnum ( financial loss ) and injuria ( injury ) by exposing you to unsafe conditions. 

XXXX. Negligent Repairs and Property Damage ( XXXX XXXX ) CarMaxs decision to apply paint to a damaged leather seat instead of performing proper repairs amounts to culpa lata ( gross negligence ). This action, actus reus ( a wrongful act ), caused further harm by damaging your uniforms and personal property. The dealerships res ipsa loquitur ( the thing speaks for itself ) failure to meet professional repair standards establishes their liability under Illinois tort law. 

XXXX. Breach of Contractual Obligations ( XXXX XXXX XXXX ) The purchase agreement required CarMax to deliver a vehicle consistent with its representations and suitable for its intended use. The inclusio unius est exclusio alterius ( inclusion of one thing excludes another ) doctrine applies, as the loaning out of the car was not disclosed nor included in the contract. The failure to honor their obligations constitutes a breach of contract, rendering CarMax reus ( liable party ).

Applicable Violations and Laws Uniform Commercial Code ( UCC 2-314 ) Violation : Breach of implied warranty of merchantability ( XXXX XXXX XXXX ). 
Cause and Effect : The vehicles defects violated its ordinary purpose, causing financial harm and loss of use.

Culpable Party : CarMax.

Illinois Consumer Fraud and Deceptive Business Practices Act ( XXXX ILCS XXXX ) Violation : Misrepresentation and nondisclosure ( XXXX XXXX ). 
Cause and Effect : Deceptive practices led to monetary loss and reputational harm.

Culpable Party : CarMax.

National Traffic and Motor Vehicle Safety Act ( 49 U.S.C. 30120 ) Violation : Failure to honor recall obligations ( caveat venditor ).

Cause and Effect : Charging for recall repairs caused economic harm. 
Culpable Party : CarMax. 
Federal Trade Commission Act ( 15 U.S.C. 45 ) Violation : Unfair and deceptive acts in commerce ( XXXX XXXX ). 
Cause and Effect : Misrepresentation and concealment undermined the integrity of the transaction.

Culpable Party : CarMax.

Fair Credit Reporting Act ( 15 U.S.C. 1681 ) Violation : Failure to investigate disputes and improper credit reporting ( negligentia ). 
Cause and Effect : Credit damage due to XXXX  inaction. 
Culpable Party : XXXX XXXX XXXX. 

Recommendations and Agencies to Alert Consumer Financial Protection Bureau ( CFPB ) : Report XXXX  for failing to provide proper notices and mishandling your account. 
Illinois Attorney General : File a complaint for violations of state consumer protection laws.

Federal Trade Commission ( FTC ) : Report CarMax for deceptive trade practices and warranty violations. 
National Highway Traffic Safety Administration ( NHTSA ) : Alert them regarding CarMaxs failure to address recall repairs.

Legal Counsel : Engage an attorney specializing in consumer rights and automotive fraud to initiate legal proceedings ( actio legis ) against CarMax and XXXX. 

Conclusion This matter involves egregious violations of statutory and contractual obligations by CarMax and XXXX, including dolus malus, culpa lata, and breaches of federal and state consumer protection laws. Immediate legal and regulatory action is warranted to rectify the harm caused, seek damages, and enforce compliance with applicable statutes.

Detailed Analysis of Violations 1. Breach of Implied Warranty of Merchantability ( UCC 2-314 ) The Uniform Commercial Code requires that goods sold by merchants meet a standard of merchantability, meaning they must be fit for ordinary purposes. CarMax violated this principium by delivering a vehicle with defective tires ( subject to manufacturer recall ), a faulty battery, damaged paint, and improperly repaired seats. By charging for repairs related to these defects, CarMax acted contra legem ( against the law ) and caused financial harm to you. This breach allows for remedies under UCC 2-714, which provides compensation for buyers of non-conforming goods.

2. Deceptive Practices Under the FTC Act and State Law CarMaxs actions fall under XXXX XXXX, as their misrepresentation about the battery, undisclosed prior loaning of the vehicle, and failure to disclose mileage discrepancies violate Federal Trade Commission Act ( 15 U.S.C. 45 ). Similarly, the Illinois Consumer Fraud and Deceptive Business Practices Act ( XXXX ILCS XXXX ) prohibits mala fide actions like these. The misrepresentation of the vehicles condition constitutes an actus reus, an intentional act that caused pecuniary damnum ( financial loss ). 
XXXX. Violation of Federal Recall Obligations The National Traffic and Motor Vehicle Safety Act ( 49 U.S.C. 30120 ) mandates that recalled components such as tires be repaired at no cost to the consumer. By requiring you to pay for the recall-related repairs, CarMax acted ultra vires ( beyond its authority ). This failure not only endangered your safety but also imposed undue financial burdens, making CarMax liable for statutory penalties and damages under federal law.

4. Negligent Repairs and Personal Property Damage The application of paint to repair the leather seat, rather than proper restoration, is a clear instance of culpa lata. This negligence caused direct harm to your uniforms, suits, and other personal property. Illinois tort law provides recourse for such damage, holding CarMax XXXX ( liable party ) for failing to exercise due care ( onus probandi ) during repairs. 
XXXX. Breach of Contract and Misrepresentation The consensualis ( consensual agreement ) between you and CarMax was fundamentally breached. The undisclosed loaning of the vehicle, failure to repair defects, and false representations about the battery constitute material breaches. These breaches undermine the pacta sunt servanda principle, which binds parties to the terms of their agreements. The resulting harm, including damage to your credit and professional life, supports claims for compensatory and punitive damages. 
XXXX. Violations by XXXX XXXX XXXX ( XXXX ) XXXX  failed to fulfill its obligations under the Fair Credit Reporting Act ( 15 U.S.C. 1681 ) by not investigating disputes and improperly reporting credit information. Per XXXX, their failure to notify you of payment responsibilities, combined with repossession actions, exacerbates your financial harm. This constitutes negligentia ( negligence ) and dolus incidentalis ( incidental fraud ). 

Cause and Effect Analysis Cause : CarMaxs intentional misrepresentation ( dolus malus ) and failure to disclose material facts.

Effect : Financial loss due to unnecessary repair costs, harm to your credit score, damage to your personal property, and reputational harm. 
Cause : XXXX  failure to investigate disputes and provide proper payment information. 
Effect : Credit damage and repossession of the vehicle, impacting your employment and financial standing. 

Agencies to Notify and Steps to Take Regulatory Complaints Consumer Financial Protection Bureau ( CFPB ) : File a formal complaint against XXXX  for violations of the Fair Credit Reporting Act ( FCRA ) and improper debt collection practices. 
Illinois Attorney General : Report CarMax under the Illinois Consumer Fraud and Deceptive Business Practices Act for deceptive practices and breach of warranty. 
National Highway Traffic Safety Administration ( NHTSA ) : Alert them to CarMaxs non-compliance with federal recall obligations.

Federal Trade Commission ( FTC ) : File a complaint citing violations of the FTC Act, including false advertising and failure to disclose loaning of the vehicle. 

Legal Counsel and Remedies Engage a consumer rights attorney to pursue claims including : Fraudulent Misrepresentation ( XXXX XXXX ) : Seek damages for financial loss, credit harm, and emotional distress. 
Breach of XXXX ( XXXX XXXX XXXX ) : Demand reimbursement for repair costs, damages to personal property, and other out-of-pocket expenses. 
Negligence ( XXXX XXXX ) : Pursue compensation for personal property damage due to improper repairs. 
Violation of Federal and State Laws : Seek statutory damages under UCC, FCRA, and consumer protection statutes.

Equitable Remedies ( XXXX in XXXX ) : Demand the rescission of the sale contract, full reimbursement of payments, and removal of repossession from your credit report. 

Conclusion CarMax and XXXX actions are riddled with dolus malus, culpa lata, and ultra vires conduct, violating federal, state, and contractual obligations. Through comprehensive legal action and regulatory reporting, you can seek restitution for the financial and reputational harm caused. These steps will enforce accountability, uphold your rights, and ensure proper remedies are pursued. 
Remedies and Consequences at Every Level To address the violations and harm caused by CarMax and XXXX XXXX XXXX ( XXXX  ), the following remedies and consequences apply. Each level of remedycivil, statutory, regulatory, and equitableis tailored to the specific legal breaches. 

XXXX. Civil Remedies ( Contractual and Tort Violations ) Remedies Compensatory Damages ( XXXX XXXX ) : What : Compensation for actual financial losses, such as repair costs, uniforms damaged by improper seat repair, and payments made for defective parts like the tires and battery. 
Why : The breaches of contract and negligence directly caused quantifiable monetary loss. 
Example : Reimbursement for costs incurred due to defective repairs and recall charges. 
Consequential Damages ( XXXX XXXX ) : What : Compensation for secondary damages, such as loss of income due to time off work or credit harm affecting future financial opportunities. 
Why : CarMax and XXXX failures had a foreseeable impact on your financial stability and professional life. 
Punitive Damages ( XXXX XXXX ) : What : Damages intended to punish CarMax and XXXX  for egregious misconduct and deter similar actions. 
Why : Intentional misrepresentation ( dolus malus ) and gross negligence ( culpa lata ) warrant punishment beyond compensatory damages. 
Example : A court may award significant punitive damages for CarMaxs deceptive practices.

Consequences CarMax : Monetary liability for damages, adverse publicity, and potential class-action exposure if systemic issues are uncovered.

XXXX  : Financial penalties and reputational harm for mishandling disputes and improper credit reporting.

2. Statutory Remedies ( Federal and State Consumer Laws ) Remedies Damages for Breach of Consumer Protection Laws ( Remedium Legis ) : What : Statutory damages for violations of federal and state consumer laws, including the Federal Trade Commission Act ( FTC Act ), the Illinois Consumer Fraud and Deceptive Business Practices Act, and the National Traffic and Motor Vehicle Safety Act. 
Why : These laws entitle consumers to monetary relief when deceptive or unfair practices occur. 
Example : Penalties for charging for recall-related repairs and failure to disclose vehicle defects. 
Attorneys Fees and Costs ( XXXX XXXX ) : What : Full reimbursement of legal fees incurred in pursuing claims under statutes like the Illinois Consumer Fraud Act. 
Why : Consumer protection statutes often include provisions for attorneys fees to encourage enforcement. 
Credit Report Correction ( XXXX in XXXX ) : What : XXXX  must correct negative entries on your credit report, removing repossession marks and false defaults. 
Why : The Fair Credit Reporting Act ( FCRA ) requires creditors to ensure accurate reporting.

Consequences CarMax : Fines, mandated consumer reimbursements, and potential enforcement actions from agencies like the FTC. 
XXXX  :

Company response to consumer: Closed with explanation