Consumer complaint received 2024-02-23 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Improper use of your report — Reporting company used your report improperly
Company: ALLY FINANCIAL INC.
State: HI

Complaint narrative:
Ally Financial XXXX XXXX XXXX, XXXX, MN XXXX- You furnished the alleged transaction on my XXXX, and XXXX that you identified as late. 
15 U.S. Code 1681a - Definitions ; and Rules of Construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( i ) Report containing information solely as to transactions or experiences between the consumer and the person making the report ; My transactions and experiences with your company are excluded from the consumer report. 
You have no right to furnish my transactions and experiences when the law clearly states that this information is excluded from my consumer reports. 
The only way a creditor ( which is you in this case Ally Financial ) can treat a payment as late falls under 15 U.S. Code 1666b- Timing of payments ( a ) Time to Make Payments- A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement, including the information required by Section 1637 ( b ) of this title, is mailed or delivered to the consumer not later than 21 days before the payment due date. 
In order for any creditor to treat a payment as late, you must prove that : The information required under 15 USC 1637 ( b ) of this title was mailed out or delivered 21 days before the payment due date. Please provide proof that this information was mailed out or delivered 21 days before the payment due date.

15 USC 1637 ( b ) is very specific on all required information needed or that must be mailed or delivered to the consumer! You have 10 days to send me all the required information.

A creditor can not treat a payment as late without complying with this section of the law! I request in good faith, under Rule 1002, the documents that show proof that the information pursuant to Sections 15 USC 1666b and 1637 ( b ) of this title was mailed out or delivered 21 days before the payment due date.

Do not rely on me stating that you are furnishing accurate information, because we both know you are not.

Do not tell me this information is verified because you have not submitted proof of compliance with sections 15 USC 1681a ( 2 ) Ai and 15 USC 1666b & 1637 ( b ).

If you can not provide proof of the mailing or delivery of the information required by Section 1666b you can not treat a payment as late, which means you have also violated Section 15 USC 1681s-2. You have 10 calendar days from the receipt of this notice to provide the required information or delete the transaction you have listed as late and update it as paid as agreed. 
XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX and XX/XX/XXXX XXXX XXXX XXXX XXXX _________________________________ Without Recourse 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