Consumer complaint received 2025-04-03 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Loan sold or transferred to another company
Company: Carvana Group, LLC
State: MI

Complaint narrative:
Complaint Against Carvana & XXXX for Deceptive Trade Practices, UCC & TILA Violations To Whom It May Concern, I am filing this formal complaint against Carvana , Inc. and its financing affiliate, XXXX, for engaging in fraudulent and deceptive trade practices, violations of the Uniform Commercial Code ( UCC ), and failure to provide full disclosure under the Truth in Lending Act ( TILA ). The numerous contractual violations, misrepresentations, and unfair lending practices demand immediate corrective action, including the release of the title lien due to fraud, lack of full disclosure, and coercion in the transaction. 

1. Misleading Advertising & Deceptive Marketing ( UCC 2-313 Express Warranties & Deceptive Practices ) Carvana advertised the vehicle as having undergone a XXXX inspection, which created an express warranty under UCC 2-313. However, less than a week after purchase, the transmission failed, proving that the vehicle did not conform to the description at the time of sale. This constitutes false advertising and a breach of warranty, rendering the contract voidable due to fraud. 

2. Coerced Sale of Add-On Products ( UCC 2-302 Unconscionable Contract & TILA Violations ) I was pressured into purchasing a {$3000.00} extended warranty for a five-year-old vehicle that was misrepresented as like new. Under UCC 2-302, an unconscionable contract or clause may be voided if it is grossly unfair. Additionally, this practice violates the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 et seq. ), which requires full disclosure of all finance charges and optional products before contract execution. I was not properly informed of my right to decline the warranty, making this a deceptive and coercive sales tactic. 

3. Fraudulent Modification of Contract Terms ( UCC 2-209 Modification, Rescission & Waiver ) Carvana initially extended my return period to 10 days, yet refused to extend it further to accommodate necessary repairs. This contradicts fair dealing principles and violates UCC 2-209, which governs contract modifications. The refusal to honor the extended return period after acknowledging mechanical issues constitutes fraudulent misrepresentation. 

4. Deceptive Loan Assignment Without Disclosure ( TILA 131 Notice of Assignment & Consumer Rights ) My loan was transferred to XXXX without my knowledge or consent, violating TILA 131 ( 15 U.S.C. 1641 ), which requires creditors to disclose any assignment of a loan. I was not given proper notice, nor was I informed of my right to dispute the validity of the assignment. This failure to disclose essential financial details renders the loan agreement noncompliant with federal law. 

5. Failure to Provide a Car Title ( UCC 2-401 Passing of Title & Consumer Protection Violations ) Despite completing the purchase transaction, I did not receive the car title, violating UCC 2-401 , which mandates that title passes to the buyer upon completion of the sale unless otherwise agreed. Carvana and XXXX failure to transfer ownership suggests intentional concealment and fraudulent conversion, justifying a demand for lien release due to failure of consideration and contractual misrepresentation. 

6. Forced Electronic Signing Without Consumer Protections ( TILA & E-SIGN Act Violations ) I was forced to sign the contract electronically and remotely without the ability to include a restrictive endorsement to protect my consumer rights. This violates the Electronic Signatures in Global and National Commerce Act ( E-SIGN Act, 15 U.S.C. 7001 ), which requires that consumers be given the option to receive paper copies and opt out of electronic signing. Additionally, this deprived me of my TILA rights, which include the right to rescind the transaction under certain conditions.

Demand for Resolution Due to the fraudulent misrepresentations, coercive lending tactics, failure to disclose material terms, and violations of UCC & TILA, I formally demand the following : 1. Immediate release of the title lien due to fraud, failure of full disclosure, and lack of consideration.

2. Reimbursement of the {$3000.00} extended warranty cost, as it was misrepresented and forced upon me under deceptive circumstances.

3. Full cancellation of the loan contract based on TILA violations and unlawful loan reassignment.

4. Formal acknowledgment of the breach of express warranty, allowing for a refund or vehicle replacement. 

Failure to address these issues will result in further legal action, including filing complaints with the CFPB, FTC, Attorney Generals office, and pursuing a claim under the Uniform Commercial Code and Truth in Lending Act. 

Sincerely, XXXX XXXX XXXX, trustee XXXX XXXX XXXX LIVING Trust

Company response to consumer: Closed with explanation