Date Received: 2023-04-20
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: On XX/XX/2023, I paid {$460.00} to Ally Financial via the Ally auto app. The same day an unauthorized third party attempted to wire funds from my XXXX checking account for over {$3000.00}. Because of this, XXXX XXXX completely shut down my account. Still, to this day, my account is being investigated by their asset management department, and I have lost all access until the investigation is final. Since I have no access, I had no way to verify that the payment to Ally cleared other than to rely on Ally themselves. To do so, I utilized the Ally app, which I have relied on for the last three years, to make my payments and view my payment history. I logged in multiple times to verify that the payment was showing that it did, in fact, clear and there wasn't a payment owed. It was only in the following month, when the next payment was due that it reflected that I owed two monthly payments. I immediately made both payments and contacted Ally. At the time, I was advised that everything was current, and I had nothing to worry about regarding anything reporting to my credit negatively. Two days later, on XX/XX/XXXX, I received a notification from my credit monitoring software that a late payment was just reported to my report, and my score dropped XXXX points. Again, I immediately called Ally and was told by the representative that he does see the XX/XX/XXXX payment, and he will submit this to the " Credit Department '' to remove this from my credit report. He advised me that it could take 45 days and suggested that I submit a dispute to help speed up the process. He then gave me a reference number to include in my dispute ( XXXX ). I immediately filed my dispute with the credit bureaus and followed up numerous times within the following weeks. On XX/XX/XXXX, I received a notification that Ally had deemed the late payment valid and would not be removed from my credit report. I again contacted them immediately and spoke to two representatives that stated their credit department was not seeing the XX/XX/XXXX payment and requested that I send a screenshot of the payment history showing the XX/XX/XXXX payment. I sent them the screenshot and followed up via their instant online chat to ensure the requested document was received. The representative confirmed and called me to advise me that she would be escalating the matter to the appropriate department to ensure that this is resolved. On the same day, I emailed XXXX XXXX, the Director and Auto Executive of Customer Relations at Ally, and am still awaiting a response. I can not access my bank account or statements due to XXXX XXXX XXXX investigation. This is not a mistake on my end. I have done all my due diligence in an attempt to get this matter rectified with no response. This has not only been detrimental to my perfect credit that I have worked extremely hard to build, but it is also preventing me from getting a federal job that I have spent almost a decade in college to obtain.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OH
Zip: 44136
Submitted Via: Web
Date Sent: 2023-04-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-20
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: on XX/XX/2023 I flew to Colorado to purchase a used vehicle. I did not request or authorize additional inquires for financing. I had already received proof of approval and submitted the deposit on XX/XX/2023. The finance manager did not realize that had already been done and proceeded to mass request approval for an auto loan. XXXX notified me of the attempts and I immediately brought this to the attention of the person who was selling me the vehicle and he put a stop to it. Since the XXXX of XX/XX/2023 I have been in regular contact with the dealership I purchased the vehicle through, The auto loan financing company 's they submitted to and the credit bureaus themselves. Each of them is stating it is the others responsibility to have it removed. XXXX XXXXXXXX XXXX states they have no record of it yet they are appearing on my XXXX account. Ally Bank has submitted a dispute and XXXX XXXX XXXX has not responded to me. There are several more company 's appearing on my credit reports that have not sent me anything via physical or electronic mail stating they ran my information for an auto loan inquiry. The dealership requested these inquiries without my approval, direction or knowledge. After the fact they informed me they were ONLY soft inquires which was a blatant lie. I am requesting assistance in insuring the immediate removal of these unauthorized inquires.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AK
Zip: 99801
Submitted Via: Web
Date Sent: 2023-04-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-20
Issue: Managing an account
Subissue: Problem using a debit or ATM card
Consumer Complaint: On XX/XX/2017, I purchased tickets to a XXXX XXXX XXXX game from XXXX. The XXXX website stated I would get to select the section I sit in, but instead the tickets were automatically assigned to me leaving me no choice as to where I sat. They made a false claim. The tickets that were assigned to me were very different from anything I wouldve chosen or paid for. I immediately contacted the company to get a refund as this was a very different product from what I intended to purchase. They refused to issue the refund and provided no meaningful reason for this decision. I disputed this charge with Ally as this perfectly fits the criteria for a chargeback since the item I was sold was substantially different from what I received. Ally responded that they would not issue the chargeback because XXXX has a no refunds policy - they have never addressed the fact that the product I received was significantly different from what I was told I would get. In other words, they have no substantial basis for denying my chargeback and they can only move forward by attempting to deflect from the main issue that the product I received was significantly different than advertised by responding with the non-sequitur that they dont issue refunds. They have incessantly lied to me alternating between saying that they go based on the XXXX chargeback policy ( in which case I am absolutely due a refund ) and that they have their own chargeback policy - when I ask for copies of their chargeback policy, I am told that it is confidential and proprietary, clearly indicating that it does not exist. They have also lied about an executive customer relations team reviewing the case and contacting me - nobody has ever done such a thing and it is unclear if such a team even exists. The bank is refusing to abide by their own policies and I have been deprived of XXXX XXXX dollars plus interest as a result. The ethics of the bank are nonexistent as the excuses and lies have come from a multitude of individuals I have spoken to who hold various positions, indicating that this unethical approach is institutional.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 92620
Submitted Via: Web
Date Sent: 2023-04-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-20
Issue: Struggling to pay your loan
Subissue: Denied request to lower payments
Consumer Complaint: I had a loan with ally auto. I have been paying down the balance of my car every two weeks and they still repossessed my car even after I spoke with over the phone multiple times about a payment plan that they agreed on and they still repossessed my car. I have been paying every XXXX weeks. This means XXXX dollars a month and my balance has not changed and they repossessed my car. This company is a scam. I have been paying every XXXX weeks since XX/XX/XXXX and they repossessed my car in XX/XX/XXXX.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 19141
Submitted Via: Web
Date Sent: 2023-04-20
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-19
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I paid off my loan with Ally Financial and they still have my account listed as delinquent 90+ days instead of paid in full and they refuse to change the status. I have disputed this on my credit report numerous times and they are refusing to correct it.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MS
Zip: 393XX
Submitted Via: Web
Date Sent: 2023-04-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-19
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I was granted an extension from Ally Bank for the month of XX/XX/ 2023 payment and the report to all credit agencies that my I was 30 days late. Its my understanding that if an extension is granted for that month you reported me for being late how could i be late if a payment was required
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MI
Zip: 48214
Submitted Via: Web
Date Sent: 2023-04-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-19
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: Ally Auto gave my account with my email address to another individual and that person Is pretending to be me. This person is using my email address and my credentials to access my account. I am locked out of my financial account and the other person is using it. I attempted to fix this and Ally says they can't give me any information but I get lots of emails stating this person has taken over my account since XX/XX/2023. They said they can't give me any information and I will not be allowed to access my account and that Person continues to seize my personal information.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 95621
Submitted Via: Web
Date Sent: 2023-04-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-18
Issue: Credit monitoring or identity theft protection services
Subissue: Billing dispute for services
Consumer Complaint: Per Cfr 1022.41 and 15 USC 1681 Permissible purposes Ally Financial is reporting incorrect across all to XXXX credit reporting agencies. Per 15 USC 1666a -b Reporting ADVERSE credit ratings or standings on my credit report, Timing on Payment the credit reporting agencies can not report utilization to any companies are reporting Utilization which is wrong. A closed account and charged off account can not report any past due Balances. Per 31 CFR 903.5 AND 31 USC 3711 Also a charged off account is income and a certificate of Indebtedness according to the Irs Publication. The credit reporting agencies are not to report income on my credit report. Every month Ally Financial is reporting C/O charge off on my credit report and that is illegal you can't charge off a debt every month it is re-aging the debt making it look newer than what it is and manipulating the the system. Ally Financial has violated my privacy numerous of times by selling my information multiples times to a 3rd party without my consent. Ally Financial has sold my personal information to such as my address, social security number, birthday and name and they are lying about it. Ally Financial is in violation of my privacy rights Per the Privacy Act of XXXX Also said that under 5 USC 552A your info is not suppose to be given out to anyone. They also sharing information which is in violation of my 16 CFR 313.7 Opt-Out notice. Ally Financial violated my rights as well under 15 USC 6802-6805 They are suppose to send me a opt-out letter every 30 days. I Have the right to opt-out of anything on credit report. Here is a list of laws that Ally Financial is abusing and violating me as well as credit reporting agency XXXX. 12 CFR 1022.41 ( a ) Accuracy means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer correctly : ( XXXX ) Reflects the terms of and liability for the account or other relationship ; ( 2 ) Reflects the consumer 's performance and other conduct with respect to the account or other relationship ; and ( 3 ) Identifies the appropriate consumer. c ) Furnisher means an entity that furnishes information relating to consumers to one or more consumer reporting agencies for inclusion in a consumer report. An entity is not a furnisher when it : ( 1 ) Provides information to a consumer reporting agency solely to obtain a consumer report in accordance with sections 604 ( a ) and ( f ) of the FCRA ; ( 2 ) Is acting as a consumer reporting agency as defined in section 603 ( f ) of the FCRA ; ( 3 ) Is a consumer to whom the furnished information pertains; or ( 4 ) Is a neighbor, friend, or associate of the consumer, or another individual with whom the consumer is acquainted or who may have knowledge about the consumer, and who provides information about the consumer 's character, general reputation, personal characteristics, or mode of living in response to a specific request from a consumer reporting agency. ( d ) Integrity means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer : ( 1 ) Is substantiated by the furnisher 's records at the time it is furnished ; ( 2 ) Is furnished in a form and manner that is designed to minimize the likelihood that the information may be incorrectly reflected in a consumer report ; and ( 3 ) Includes the information in the furnisher 's possession about the account or other relationship that the Bureau has : The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals in XXXX primary ways. It provides individuals with : the right to request their records, subject to Privacy Act exemptions ; the right to request a change to their records that are not accurate, relevant, timely or complete ; and the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information. ( b ) CONDITIONS OF DISCLOSURE.No agency shall disclose any record which is contained in a system of records by any means of communica- tion to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under sub- section ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agen- cy with advance adequate written assurance that the record will be used solely as a statis- tical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ACCOUNTING OF CERTAIN DISCLOSURES. Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under sub- sections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to an- other agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under para- graph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the ac- counting is made ; ( 3 ) except for disclosures made under sub- section ( b ) ( 7 ) of this section, make the ac- counting made under paragraph ( 1 ) of this sub- section available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been dis- closed to the person or agency if an account- ing of the disclosure was made. ( n ) MAILING LISTS.An individuals name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to re- quire the withholding of names and addresses otherwise permitted to be made public. 31 CFR 29.518 - Reporting delinquent debts to credit bureaus. e ) Privacy Act considerations. A delinquent debt may not be reported under this section unless a notice issued pursuant to the Privacy Act, 5 U.S.C. 552a ( e ) ( 4 ), authorizes the disclosure of information about the debtor to a credit bureau. 15 U.S. Code 6801 - Protection of nonpublic personal information a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customersnonpublic personal information. ( b ) Financial institutions safeguardsIn furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. Opt out ( 1 ) In generalA financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from afinancial institution nonpublic personal information under this section shall not, directly or through anaffiliate of such receiving third party, disclose such information to any other person that is anonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. 15 U.S. Code 6805 Enforcement ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries oraffiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) 313.7 Form of opt out notice to consumers ; opt out methods. ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. ( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. ( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. ( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information. 15 usc 1681m ( 1 ) In general No person shall sell, transfer for consider- ation, or place for collection a debt that such person has been notified under section 1681c2 of this title has resulted from identity theft. 12 CFR 1022.41 ( a ) Accuracy means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer correctly : ( 1 ) Reflects the terms of and liability for the account or other relationship ; ( 2 ) Reflects the consumer 's performance and other conduct with respect to the account or other relationship ; and ( 3 ) Identifies the appropriate consumer. ( b ) Direct dispute means a dispute submitted directly to a furnisher ( including a furnisher that is a debt collector ) by a consumer concerning the accuracy of any information contained in a consumer report and pertaining to an account or other relationship that the furnisher has or had with the consumer. ( c ) Furnisher means an entity that furnishes information relating to consumers to one or more consumer reporting agencies for inclusion in a consumer report. An entity is not a furnisher when it : ( 1 ) Provides information to a consumer reporting agency solely to obtain a consumer report in accordance with sections 604 ( a ) and ( f ) of the FCRA ; ( 2 ) Is acting as a consumer reporting agency as defined in section 603 ( f ) of the FCRA ; ( 3 ) Is a consumer to whom the furnished information pertains; or ( 4 ) Is a neighbor, friend, or associate of the consumer, or another individual with whom the consumer is acquainted or who may have knowledge about the consumer, and who provides information about the consumer 's character, general reputation, personal characteristics, or mode of living in response to a specific request from a consumer reporting agency. ( d ) Integrity means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer : ( 1 ) Is substantiated by the furnisher 's records at the time it is furnished ; ( 2 ) Is furnished in a form and manner that is designed to minimize the likelihood that the information may be incorrectly reflected in a consumer report ; and ( 3 ) Includes the information in the furnisher 's possession about the account or other relationship that the Bureau has : ( i ) Determined that the absence of which would likely be materially misleading in evaluating a consumer 's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ; and ( e ) Duty of furnisher after receiving a direct dispute notice. After receiving a dispute notice from a consumer pursuant to paragraphs ( c ) and ( d ) of this section, the furnisher must : ( 1 ) Conduct a reasonable investigation with respect to the disputed information ; ( 2 ) Review all relevant information provided by the consumer with the dispute notice ; ( 3 ) Complete its investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611 ( a ) ( 1 ) of the FCRA ( 15 U.S.C. 1681i ( a ) ( 1 ) ) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( 4 ) If the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the furnisher provided inaccurate information of that determination and provide to the consumer reporting agency any correction to that information that is necessary to make the information provided by the furnisher ( b ) Definitions. The following definitions apply to this exemption : 16 CFR 313.1 ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section XXXX ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third party finance or leasing source. ( m ) ( 1 ) Nonaffiliated third party means any person except : ( i ) Your affiliate; or ( ii ) A person employed jointly by you and any company that is not your affiliate ( but nonaffiliated third partyincludes the other company that jointly employs the person ). ( 2 ) Nonaffiliated third party includes any company that is an affiliate by virtue of your or your affiliate 's direct or indirect ownership or control of the company in conducting merchant banking or investment banking activities of the type described in section 4 ( k ) ( 4 ) ( H ) or insurance company investment activities of the type described in section 4 ( k ) ( 4 ) ( I ) of the Bank Holding Company Act ( 12 U.S.C. 1843 ( k ) ( 4 ) ( H ) and ( I ) ). ( n ) ( 1 ) Nonpublic personal information means : ( i ) Personally identifiable financial information; and ( ii ) Any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any personally identifiable financial information that is not publicly available. Subpart A - Privacy and Opt Out Notices 313.4 Initial privacy notice to consumers required. ( a ) Initial n 15 U.S. Code 6801 - Protection of nonpublic personal information a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customersnonpublic personal information. ( b ) Financial institutions safeguardsIn furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 336XX
Submitted Via: Web
Date Sent: 2023-04-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-18
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: I know that I have a XXXX XXXX XXXX trust that is used to draw funds out for loans, mortgages, etc. I realized that when I gave my ssn on the fraudulent loan that I signed the funds were taken out of my trust fund and not loaned from the bank. When I tried to get them to discharge this debt Ally financial made it very difficult to pay the loan they locked my account and would only accept certified funds. I sent them a money order from XXXX # XXXX {$320.00}. They accepted the money order and cashed it. But they never credited my account for it and they put a notice on my credit report as not being which is not true. It was paid they stole the money. They received it on XX/XX/23 and cashed it on XX/XX/23.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33570
Submitted Via: Web
Date Sent: 2023-04-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-19
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: This will be my third complaint about the ongoing issue with Ally Financial Auto Loan division. They have rejected payment now twice on my account by a third-party non-profit after formally promising to accept payment via final response to the complaint. They violated collections practices by contacting me after stating in the first complaint formal response letter that they would not resume collections activities until ten days after the date of the letter. See the second complaint for a timeline of dates for collections calls. In the second complaint, XXXX in Executive Relations states that they attempted to contact me because I was not communicating with Ally. That information was incorrect on her part; please see the attached timeline of consistent communication via phone and Ally 's secure messaging system available on their website and smartphone app. It's come to a point where the statements are defamation of character and ability to handle business dealings; stating that I was not communicating with Ally is a false and untrue statement. I've included copies in PDF format of all forms of communication and the XXXX tracker I have for the phone calls. XXXX also states that Ally is not a collection company and does not fall under the law in regards to following these standards. XXXX also misspoke in her response, stating that I asked or inquired why the payment was rejected. I did not ask, I informed her, and I completely comprehend that my account is setup presently only to accept certified forms of payment, however before this {$800.00} pledge payment from the nonprofit XXXX made payable to Ally on my behalf was flagged via their collections/recovery department associate XXXX XXXX via the phone call made on Wednesday, XX/XX/XXXX. XXXX XXXX XXXX took time to reach out to the payments processing department to advise them of the Check Number, Account Number, Routing Number, Dollar Amount, and the bank the check was issued on. XXXX was informed of the special assistance payment and was in contact with my case manager at Resource Center XXXX, XXXX XXXX. I have the PDFs of her emails confirming communication with XXXX at Ally. It would be in the best interest of Ally and myself as their client to consider how many times they have failed now to accept payment from me and do anything possible and within reason to make the situation right. The blame keeps being pushed back on me, and I'm communicating with Ally or was communicating with Ally until my bankruptcy filing on XX/XX/XXXX. The following are responses and questions that I have made as comments on the response letter issued by XXXX from Ally, Executive Customer Relations. Please see the attached PDF and review in its entirety the highlighted sections and my comments/questions. XXXX, please refrain from exaggeration or embellishment and answer yes or no to the questions I have asked for a yes or no answer. This will help provide me with a clear and concise understanding and hopefully help us all comprehend the constant issues I have endured. I consistently communicated with Ally via secure message monthly over the Ally App on XXXX and the Ally Website via computer. See attached PDFs of all communication and the time stamps. They will be labeled with an exhibit designation on the document and the associated XXXX file tracker. I, the customer, did not question. I informed them that the payment was not accepted as promised, as I had called in daily to verify the funds had been received. An attached PDF of an email confirmation notice stating that the promise to pay date was approaching as I spoke with XXXX XXXX on XX/XX/XXXX, via phone call around XXXX to XXXX XXXX central time. He made notes on my account and opened a ticket notifying the processing department of the first check issued by the XXXX XXXX for assistance in giving payment of {$800.00}. This call was the best call that I have had, period, with Ally, and every other interaction has been quite draining and unhelpful. So while I know that only certified funds were being accepted on my account, there was clear communication with both collections, payment processing, and Executive Relations outlining my unique situation. Each department agreed to ensure that this unique form of assistance was documented as a pledged payment guaranteed by a Non-Profit Corporation with guaranteed allocated forms of assistance. This statement is unambiguous ; any additional payments sent into Ally on my behalf issued as a form of payment would be accepted from the Resource Center. Now a second check was issued by XXXX for XXXX at the Resource Center, and this payment was mailed to the address XXXX had communicated with XXXX via email. This second payment for the same dollar amount issued on the same checking account from the XXXX nonprofit was rejected, two payments for {$800.00} have now been rejected. A third check has been issued for {$800.00} and is being mailed again by XXXX from the Resource Center to the same address. Is this payment going to be rejected as well? The second check, number XXXX, was rejected and returned to XXXX, and now check XXXX has been issued to replace the second check. The first check number was XXXX. My questions are : will the third check be accepted, will it be applied to my account on the date it was received, and will late fees and the extra interest charges on the dollar amount be reversed? Will Ally be issuing another {$800.00} credit for not accepting the second check, applying that payment to the date it was received, and changing late fees and interest that should not have occurred? Are payments received via mail not supposed to be applied to the account via the post date of the envelope? If payments are to be applied via post date on the envelope, will Ally adjust all the manual payments that have been processed to reflect the posting date of payment on my account effective the Post Date on the mailing envelope? I believe Ally is not providing correct information on my account to the credit reporting agencies. Now that my account is under the XXXX XXXX Bankruptcy Protection, and I represent myself XXXX XXXX XXXX Pro Se XXXX XXXX Bankruptcy case number : XXXX, I need to know how the account is going to be reported once an Reaffirmation Agreement is Executed on my account. Ally 's actions are not matching this statement, I'm a protected class USA citizen with a 100 % XXXX rating by the Social Security Administration and I have informed Ally that the payment assistance is based and linked directly to my XXXX rating and status and Ally keeps blatantly returning the payment assistance. How can Ally state that this is not a form of discrimination. It looks like a form of discrimination based on my health status and also I am a member of the XXXX community and identify as XXXX. How many XXXX identifying people has Ally rejected payments on? If a company Audit is performed I'm sure that there would be a variance in the numbers that show discrimination much like the previously settled class action lawsuit where Ally blatantly charged certain person of XXXX classification higher basis points on their new loans issued in comparison to XXXX XXXX customers. Ally follows the same collections protocols, and has announced on any call or chat message with direct customer interaction in real-time that this is attempt to collect a debt is what I have experienced with Ally. I have the following questions Did the first response letter state that all collections activities would be paused for ten days from the date of the issue of the final response letter ( s ) from XXXX in Executive Customer Relations? Yes or No response needed. XXXX did Ally 's collections department call me on the dates and times I provided after the date of your letter before a ten day period in your letter based on the date of your letter on Ally letter head? Yes or No response needed. XXXX on any communication from Ally 's collections department once the customer 's identity is verified and their account is past due is it required for the agent representing Ally on the recorded call or via chat to say " This is an attempt to collect a debt ''? Yes or No response needed. Why does Ally 's collections department inform the Ally Customer that they are attempting to collect a debt if they do not fall under Federal and State Fair Debt Collection Practices?
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 75081
Submitted Via: Web
Date Sent: 2023-04-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A