Consumer complaint received 2024-11-02 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Bridgecrest Acceptance Corporation
State: VA

Complaint narrative:
Dated : XX/XX/XXXX Respectfully submitted, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, VA XXXX Email : XXXX Phone : ( XXXX ) XXXX Attorney for Plaintiff COMPLAINT Plaintiff, XXXX XXXX XXXX by and through the undersigned attorney, hereby files this Complaint against Defendant Bridgecrest / DriveTime, and alleges as follows : JURISDICTION AND VENUE This action arises under the Truth in Lending Act ( TILA ), 15 U.S.C. 1635, and the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681.

This Court has jurisdiction pursuant to 28 U.S.C. 1331.

Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 ( b ), as the Defendant conducts business in this district and a substantial part of the events giving rise to the claims occurred within this district. 
PARTIES Plaintiff : XXXX XXXX, a consumer residing at XXXX XXXX XXXX XXXX, XXXX, VA XXXX, born XX/XX/XXXX. 
Defendant : XXXX / DriveTime is a financial institution located at [ Defendants Address ]. 
FACTUAL BACKGROUND On or about [ Loan Origination Date ], Plaintiff entered into a credit transaction with Defendant for the purchase of a vehicle. The loan was secured by Plaintiff 's vehicle and governed by 15 U.S.C. 1635.

Defendant failed to provide Plaintiff with accurate material disclosures required under TILA.

On or about [ Rescission Date ], Plaintiff mailed written notice to Defendant seeking to rescind the transaction pursuant to 15 U.S.C. 1635 ( a ).

Defendant refused to honor Plaintiff 's rescission request, in violation of TILA.

Plaintiff is entitled to rescission under TILA and seeks declaratory relief and damages for Defendant 's failure to comply.

CLAIMS FOR RELIEF COUNT 1 : VIOLATION OF THE TRUTH IN LENDING ACT ( TILA ), 15 U.S.C. 1635 Plaintiff realleges and incorporates by reference the preceding paragraphs.

Defendant violated TILA by failing to provide Plaintiff with accurate disclosures regarding the loan terms and Plaintiff 's right to rescind.

Plaintiff timely exercised their right to rescind by providing written notice within the statutory period.

Plaintiff is entitled to rescission of the loan and return of all funds paid, as well as statutory damages, attorneys fees, and costs.

COUNT 2 : VIOLATION OF THE FAIR CREDIT REPORTING ACT ( FCRA ), 15 U.S.C. 1681 Plaintiff realleges and incorporates by reference the preceding paragraphs.

Defendant reported inaccurate information to the credit reporting agencies ( CRAs ) regarding Plaintiff 's payment history and loan status.

Plaintiff disputed the inaccurate information with the CRAs, and Defendant failed to correct the reporting, in violation of FCRA.

Plaintiff has suffered damages as a result of the inaccurate reporting, including but not limited to loss of creditworthiness, emotional distress, and financial harm.

PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Defendant as follows : Rescission of the loan under 15 U.S.C. 1635 ; Statutory damages under TILA and FCRA ; Correction of inaccurate credit reporting ; Attorneys fees and costs ; Any other relief this Court deems just and proper.

Company response to consumer: Closed with explanation