Consumer complaint received 2024-04-24 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: ALLY FINANCIAL INC.
State: PA

Complaint narrative:
PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW VIOLATIONS " Catchall Provision '' 201-2. 
( 4 ) Unfair methods of competition and unfair or deceptive acts or practices mean any one or more of the following : ( ii ) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services ; ( iii ) Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another ; ( xxi ) Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 
On XXXX XXXX i made a call which prompted to go to New Jersey from pennsylvania to finance a vehicle.I then financed a XXXX XXXX XXXX XXXX XXXX with a {$10000.00} down payment. " A Retail Installment Sale Contract Simple Finance Charge '' was then assigned to Ally Financial via XXXX XXXX XXXX on that date. However in this Retail Installment Sale Contract Simple Finance Charge contract it stated my penalties and/ late charges was the following : " if payment is not received in full within 10 days after it is due, you will pay 5 % of the part of the payment that is late. If the vehicle is for primarily personal, family, or household use and the cash price is {$10000.00} or less, the charge for each late payment will be {$10.00}. '' All within the TILA ACT DISCLOSURES BOX. 
Also see OTHER IMPORTANT AGREEMENTS : XXXX. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may owe late charges. You will pay a late charge on each late payment as shown on page 1 of this contract. Acceptance of a late payment or late charge does not excuse your late payment or mean that you may keep making late payments. if you pay late, we may also take the steps described below. 
b. You may have to pay all you owe at once. If you break your promises ( default ), we may demand that you pay all you owe on this contract at once. Default means : * You do not pay any payment on time; * You give false, incomplete, or misleading information during credit application ; * You start a proceeding in bankruptcy or one is started against you or your property ; or *You break any agreements in this contract. 
The amount you will owe will be the unpaid part of the Amount : Financed plus the earned and unpaid part of the Finances Charge, any late charges, and any amounts due because you & defaulted.

c. You may have to pay collection costs. If we hire an attorney who is not our salaried employee to collect what you owe, you will pay the attorney 's reasonable fee and court costs the law : armits. If the vehicle is primarily for personal, family, ore household use and the cash price is {$10000.00} or less, thes maximum attorney 's fee you will pay will be {$100.00} plus 10 % of 2 the excess over {$500.00} of the amount due when we hire a attorney. 
d. We may take the vehicle from you. It you default, we may take repossess ) the vehicle from you if we do so peacefully and the law allows it. If your vehicle has an electronic tracking device ( such as GPS ), you agree that we may use the device to find the 2 vehicle. If we take the vehicle, any accessories, equipment, and= replacement parts will stay with the vehicle. If any personal items is the vehicle, we may store them for you. If you do not & ask for these items back, we may dispose of them as the law ' allows. 
e. How you can get the vehicle back if we take It. If we repossess the vehicle, you may pay to get it back ( redeem ). We will tell you how much to pay to redeem. Your right to redeem ends when we sell the vehicle. 
f. We will sell the vehicle if you do not get it back. If you do not redeem, we will sell the vehicle. We will send you a written notice of sale before selling the vehicle. 
We will apply the money from the sale, less allowed expenses, to the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling it. Attorney fees and court costs the law permits are also allowed expenses. If any money is left ( surplus ), we will pay it to you unless the law requires us to pay it to someone else. It money from the sale is not enough to pay the amount you owe, you must pay the rest to us. If you do not pay this amount when we ask, we may charge you interest at a rate not exceeding the highest lawful rate until you pay. 
Also see : HOW THIS CONTRACT CAN BE CHANGED ( page XXXX ). This contract contains the entire agreement between you and us relating to this contract. Any change to this contract must be in writing and we must sign it. No oral changes are binding.If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our nights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others payments. 
See the rest of this contract for other Important agreement Consumer contend that there is no language within the Retail Installment Sale Contract Simple Finance Charge that indicate that my experience will be created, furnish and disseminated to 3rd parties and therefore violates the above rights/law. 
Consumer also contend that Ally commited fraud in the inducement and violated the above laws/rights for omitting/suppressing credit reporting from the " Retail Installment Sale Contract Simple Finance Charge '' and had i been informed about credit reporting i would NOT have signed to agree to the sale contract nor would i have given the {$10000.00} down payment.

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