{"took":141,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":5,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"8925538","_score":9.24653,"_source":{"product":"Student loan","complaint_what_happened":"XXXX of students were scammed by Sallie Mae - Navient into taking out predatory private loans to attend for profit online schools such as the one I attended, XXXX XXXX between XXXX XXXX XXXX. \nAs a matter of fact, XXXX  XXXX XXXX and their Parent company, XXXX were investigated by the attorneys general of several states and have been found to have acted in a fraudulent manner. \nBecause of the numerous claims of fraud and misconduct perpetrated by XXXX XXXX XXXXXXXX, the Biden administration has just announced a blanket discharge for anyone enrolled at XXXX XXXX XXXXXXXX from XX/XX/XXXX to XX/XX/XXXX. \nMy Federal loans in the amount of ( Your amount here ) were discharged and my credit repaired. \nI am aware that Navient was sued by 39 state AGs regarding their predatory loans to attend these online for-profit schools and that Sallie Mae/Navient were a \" preferred '' lending company in a \" deal '' with these schools during the early XXXX XXXX \nThese private loans with a high risk of default were part of a package deal offered to \" for profit online schools '', but loans made to students in states outside of the agreement, or those who were not in default for 7 months or more during a \" specific '' time frame, were excluded. \nI am sure this was a big win for Navient, but what a sham of a settlement deal for the rest of borrowers scammed into taking loans to at least XXXX for profit online schools. \nAfter the AG settlement, didn't Navient also get out of the Federal student loan business due to scrutiny from lawmakers and borrower advocates? \nDidn't Navient have to pay restitution to the Federal student loan borrowers for not informing students of IDR/IBR payments students could have enrolled in, but instead steered toward forbearance? \nFurthermore, hasn't Navient been sued at least a half dozen times for other predatory loan practices and illegal collection practices? \nI am also aware of a \" pilot '' program by which Navient is sending out \" applications '' to select students who may have filed Borrower Defense claims against their schools and were approved. \nThis application is a sham. \nWhy do we need to prove anything? \nNavient knows who we are. \nUnder the FTC \" Holder Rule '' Navient is liable for giving predatory loans in connection with online for-profit schools. \nTime is running out for Navient to do right by students who were scammed into taking out private loans to attend online for profit colleges who have committed misconduct and misrepresented themselves to the public to entice students to enroll. \nSenator XXXX XXXX has sent a letter to Navient 's CEO asking to discharge these loans NOW! It's time Navient do the right thing and discharge all these predatory private loans made to attend online for profit schools NOW! \n\nXXXX XXXX XXXX XXXX & XXXX XXXX XXXX The Navient Corporation XXXX XXXX XXXX, XXXX XXXX XXXX, DE XXXX XXXX XXXX : We write to urge the Navient Corporation to cancel the decades-old, predatory student loans in its portfolio that are governed by the FTCs Holder Rule and subject to claims and defenses based on well-established school misconduct and predatory lending. From XXXX to XXXX, Navient, then known as Sallie Mae, in coordination with fraudulent for-profit schools, pushed predatory, subprime loans onto borrowers likely to default.1 These schools lied about their credit transferability, career prospects, and otherwise misled students while Navient profited off the government backing of the loans students took out to attend them.2 Because of Navients coordination in this process, your company should provide relief to borrowers immediately, before the impending servicing transfer of these and other student loans to the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX Navient Will Soon Transfer Millions of Student Loans to XXXX On XX/XX/XXXX, Navient announced it will outsource the servicing of XXXX XXXX student loans to XXXX in the coming months.3 But a large portion of these loans are eligible for cancellation. Navient is aware that borrowers have meritorious defenses to the enforcement and collection of these loans, and has set aside at least {$35.00} XXXX in anticipation of claims or defenses being brought against Navient for misconduct.4 But Navient makes it nearly impossible XXXX XXXX XXXX XXXX The {$1.00} XXXX Student Loan Deal That Was Too Good to Be True, XXXX XXXX XXXX XX/XX/XXXX, XXXX XXXX XXXXXXXX. XXXX XXXX XXXX XXXXXXXX, Loans Designed to Fail : States Say Navient Preyed on Students, XXXX XXXX and XXXX XXXX XXXX XX/XX/XXXX, XXXX XXXX XXXXXXXX. XXXX XXXX, Navient Outsources Servicing Of XXXX XXXX Student Loans To Its Rival XXXX Your Loan Affected? XXXX XXXX and XXXX XXXX, XX/XX/XXXX, XXXX XXXX XXXXXXXX ; Navient Corporation , Navient announces strategic actions following in-depth business review, press release, XX/XX/XXXX, XXXX XXXX XXXX. XXXX Seeking Alpha, Navient Corporation ( XXXX ) XXXX XXXX Earnings Call Transcript, XX/XX/XXXX, XXXX XXXX XXXXXXXX. XXXX XXXX stated, in our private credit provision this quarter, we reserved {$35.00} XXXX due to internal policy changes we've made to meet new regulatory expectations related to school misconduct discharges on certain legacy private loans. This increase reflects our assessment of the impact to the legacy portfolios, life of loan discharges from potential borrower claims.for borrowers to exercise their rights, while holding these predatory loans over the heads of borrowers and, often, their family members.5 Although Navient recently created a purported pathway to relief, it is burdensome and confusing.6 Furthermore, the transfer, which is expected to take place over the next two years,7 will further confuse borrowers, and once in effect, XXXX  abysmal reputation for hours-long call wait times, paperwork backlogs, and innumerable abuses,8 will only make things more difficult for defrauded borrowers awaiting justice. Navient Conspired with Fraudulent For-Profit Colleges to Offer Risky and Expensive Loans to Hundreds of Thousands of Borrowers Decades-old predatory loans that were pushed onto students when Navient, as Sallie Mae, engaged in predatory loan practices with for-profit, fraudulent colleges make up a significant portion of the Navient student loan profile being transferred.9 Since the XXXX  revisions to the Higher Education Act, for-profit schools that receive federal funding must get at least 10 % of their funding from non-federal sources.10 To meet this requirement, Navient, as Sallie Mae, collaborated with for-profit schools beginning in the year XXXX to cover that gap by issuing private loans to students, in exchange for an assured, steady supply of borrowers for its government-backed loans.11 Navient itself described these loans as a baited hook for the risk-free, profitable federally-backed student loans.12 Since Navient required credit enhancements or recourse agreements from schools in order to make these private loans,13 borrowers ability to repay the loans was immaterial : lawsuits later revealed that one set of these predatory Sallie Mae private student loans had default rates ranging between 50 and 92 percent every year from XXXX to XXXX These predatory loans were designed to profit off of 5 Office of the Attorney General of New Jersey, Acting AG XXXX : XXXX XXXX  Student Loan Borrowers to Receive More than {$60.00} XXXX in Relief from Settlement with Navient Corp. in States Lawsuit Alleging Deceptive, Misleading Tactics by the Student Loan Servicer, XX/XX/XXXX, XXXX XXXX XXXX. Navient deceptively encouraged borrowers to have family members or others guarantee their loans as cosigners, which increased Navients chances of being repaid if the student defaulted. XXXX XXXX XXXX XXXX. XXXX XXXX, Navient Outsources Servicing Of XXXX XXXX Student Loans To Its Rival XXXX Your Loan Affected? XXXX XXXX and XXXX XXXX, XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The XXXX Papers, XX/XX/XXXX, XXXX XXXX XXXXXXXX. XXXX, Navient distanced itself from a controversial student-loan portfolio. Meanwhile, borrowers cant escape, XXXX XXXX, XX/XX/XXXX, XXXX XXXX XXXXXXXX? =. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX. XXXX XXXX XXXX XXXXXXXX, The {$1.00} XXXX Student Loan Deal That Was Too Good to Be True, XXXX XXXX, XX/XX/XXXX, https : XXXX. XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX. XXXX XX/XX/XXXX ), complaint. XXXX Id. XXXX XXXX XXXX XXXXXXXX, The {$1.00} XXXX Student Loan Deal That Was Too Good to Be True, XXXX XXXX, XX/XX/XXXX, XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXX XXXX Loans Designed to Fail : States Say Navient Preyed on Students, XX/XX/XXXX, students, rather than provide them with a quality educationthe schools where they were used had low graduation rates, poor job-placement records, and otherwise misled students, all of which was known to Sallie Mae.15 The Biden Administration has made a sweeping effort to cancel decades-old predatory federal loans for defrauded borrowers. Much of this progress was made under the Education Departments Borrower Defense Loan Discharge ( borrower defense ), which provides debt relief to borrowers who were misled or defrauded by their school through misrepresentations about key aspects of their program, such as admissions selectivity or career prospects.16 This is a powerful tool : the XXXX XXXX XXXX XXXX calculates that, since XX/XX/XXXX, the Department of Education ( ED ) has announced loan cancellation for more than 1.1 million borrowers, promising to wipe out more than {$18.00} XXXX of fraudulent and predatory debt from for-profit schools.17 But many students with outstanding private loans from some of these very same colleges including those held by Navient have still not received relief.18 Navient Should Cancel Fraudulent Loans Eligible for Relief Under the FTCs Holder Rule and Due to Navients Misconduct Like millions of federal student loans eligible for cancellation under borrower defense, decadesold predatory private student loans may be eligible for cancellation due to Navients misconduct and under the Federal Trade Commissions ( FTC ) Holder-In-Due-Course Rule ( Holder Rule ), a broad rule dating to XXXX, and subsequently reaffirmed and updated numerous times by the Commission, allowing borrowers, in some cases, to raise the same claims and defenses against a loan provider that they could raise against the original seller of the good or service.19 The Holder Rule is a powerful consumer protection tool, providing relief for customers when a defective or fraudulent product or service is purchased with credit arranged by the seller, including situations where the seller referred the customer to the creditor, or is affiliated with the original creditor.20 With regard to student loans, the borrower may be able to cancel existing debt if a school fraudulently induced the student to enroll and had some relationship XXXX XXXX XXXXXXXX. XXXX Id. XXXX XXXX XXXX Biden Administration Announces {$72.00} XXXX In Student Loan Forgiveness, XXXX XXXX XXXX, XX/XX/XXXX, XXXX XXXX XXXXXXXX? XXXX ; XXXX XXXX XXXX XXXX , Delivering Distress : How Student Loan Companies Cheat Borrowers Out of Their Rights, XX/XX/XXXX, XXXX, XXXX XXXX XXXXXXXX ; Federal Student Aid, Apply for Borrower Defense Loan Discharge, https : //studentaid.gov/borrower-defense/. 17 XXXX XXXX XXXX XXXX, Delivering Distress : How Student Loan Companies Cheat Borrowers Out of Their Rights, XX/XX/XXXX, XXXX, XXXX XXXX XXXXXXXX. XXXX XXXX, Navient distanced itself from a controversial student-loan portfolio. Meanwhile, borrowers cant escape, XXXX XXXX, XX/XX/XXXX, XXXX XXXX XXXX? =. XXXX Federal Trade Commission ( FTC ), Holder in Due Course Rule, 16 CFR 433, https : //www.ftc.gov/XXXX. XXXX Office of the Minnesota Attorney General, The Holder Rule, XXXX XXXX XXXX  with the lender.21 In simple terms, the Holder Rule provides an avenue to cancel student loans in many cases where Navient worked directly with fraudulent colleges to provide these loans. Navient has long known it could be liable for these predatory loans that it pushed onto students. Navient, as Sallie Mae, regularly listed the FTC Holder Rule as an operational risk for its private student loans made to students at for-profit schools. In its XXXX annual report, the company stated : If a school with which we have a business arrangement with respect to student loans closes or otherwise does not provide the borrower the promised education, the borrower could raise the same claims and defenses against us as the lender as it could against the school. As a result, our ability to collect loan amounts could be materially impaired.22 In a XX/XX/XXXX earnings call, XXXX XXXX XXXX Navients Executive Vice President and Chief Financial Officer, announced that Navient has reserved {$35.00} XXXX in anticipation of a liability to discharge certain legacy private XXXX As an independent basis, borrowers may also assert the predatory practices of Sallie Mae against Navient as a reason to cancel their loans. Sallie Mae intentionally created subprime lending programs with for-profit colleges for the purpose of facilitating ongoing access of both companies to the federal student lending program.24 Sallie Mae knew that students were not credit worthy, were unlikely to finish the programs at these for-profit schools, and were highly unlikely to repay their student loans.25 In fact, Sallie Mae insured itself against this certainty by requiring the for-profit schools to essentially guarantee the subprime private loans.26 Incredibly, even though Sallie Mae was made whole, and reaped enormous profits from its business relationships, it continues to hold borrowers and their cosigners hostage.27 This course of conduct could bar Navient from suing on these loans, and their continued collection is unfair. Navient has already cancelled the debt for some of these loans. In XXXX, 39 attorneys general reached a settlement with Navient, in which it agreed to cancel {$1.00} XXXX in private student loan debt for students defrauded by colleges like the defunct XXXX XXXX XXXX and XXXX XXXX and other major for-profit colleges including XXXX XXXX XXXX XXXX XXXX Id. XXXX XXXX XXXX Report, Sallie Mae ( SLM ), p. XXXX, XXXX XXXX XXXX XXXX XXXX Seeking Alpha, Navient Corporation ( XXXX ) XXXX XXXX Earnings Call Transcript, XX/XX/XXXX, https : XXXX. XXXX XXXX stated, in our private credit provision this quarter, we reserved {$35.00} XXXX due to internal policy changes we've made to meet new regulatory expectations related to school misconduct discharges on certain legacy private loans. This increase reflects our assessment of the impact to the legacy portfolios, life of loan discharges from potential borrower claims. XXXXXXXX XXXX XXXX XXXXXXXX, The {$1.00} XXXX Student Loan Deal That Was Too Good to Be True, XXXX XXXX, XX/XX/XXXX, XXXX XXXX XXXXXXXX. XXXX Id. XXXX. v. Navient XXXX, XXXX. XXXX ( XXXX. XXXX XX/XX/XXXX ), complaint.. XXXX Office of the Attorney General of New Jersey, XXXX XXXX XXXX XXXX New Jersey Student Loan Borrowers to Receive More than {$60.00} XXXX in Relief from Settlement with Navient Corp. in States Lawsuit Alleging Deceptive, Misleading Tactics by the Student Loan Servicer, XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX Notably, Navients misconduct was a key basis for the lawsuit, with the attorneys general unfair and deceptive student loan servicing practices and abuses in originating predatory student loans.29 But the settlement only included borrowers who were in default for at least seven consecutive months before XX/XX/XXXX, meaning that Navient provided relief to only XXXX of XXXX XXXX XXXX XXXX of borrowers who had obtained predatory loans.30 Navient Has Denied Relief to XXXX XXXX XXXX  of Borrowers Although there are XXXX XXXX XXXX of loans clearly eligible for cancellation under the FTC Holder Rule and because of the misconduct of Navients predecessor, Navient makes it intimidating and difficult for borrowers to solicit relief.31 While ED established a process for group discharge for borrowers to automatically get relief on predatory federal loans without having to individually apply, Navient opened a school misconduct discharge application that is inordinately lengthy and complex for borrowers.32 The 12-page application, asks questions seemingly designed to knock out applications, such as when the wrongdoing was discovered, and requires borrowers to include individualized documentation such as correspondence from the school, marketing materials, advertisements, course catalogs, manuals, school web messaging, and other products all from loans that may be more than two decades old.33 The application threatens borrowers with perjury for providing incomplete information.34 It asks borrowers if the court has awarded a favorable judgment against their school, and if so, to attach the court order and other relevant documents to the application.35 It requires a narrative explanation of how [ the borrowers ] life has been impacted by the fraudulent loans and an explanation of why the misleading information that the school concealed or omitted from the borrower was important to them at the time of their application.36 These conditions are unnecessary and impractical and will prevent XXXX  of borrowers from obtaining the relief they deserve. Navient should stop making borrowers apply for relief and instead automatically cancel student debt using information the company already has about whether borrowers attended schools that would entitle them to relief. Navient should start by cancelling debt for students making payments on predatory loans that were not provided relief by the XXXX settlement. XXXX Navient Multi-State Settlement, XXXX State Attorneys General Announce {$1.00} XXXX Settlement with Student Loan Servicer Navient, XX/XX/XXXX, XXXX XXXX XXXX XXXX Id. XXXXXXXX XXXX XXXX XXXXXXXX, The {$1.00} XXXX Student Loan Deal That Was Too Good to Be True, XXXX XXXX, XX/XX/XXXX, https : XXXX. XXXX XXXX XXXX XXXX. XXXX Federal Student Aid, Apply for Group Borrower Defense Loan Discharge, https : //studentaid.gov/manageloans/forgiveness-cancellation/borrower-defense/group-application ; Navient School Misconduct Discharge Application, ( Appendix A ). XXXX Navient School Misconduct Discharge Application, ( Appendix A ). XXXX Id. XXXX Id. XXXX Id.Navient Must Cancel the Loans Prior to Transfer to XXXX It is especially important that Navient cancel these loans before transferring them to XXXX. The change of servicers will complicate the chain of custody of the loans, making it even more difficult for borrowers to receive relief than Navients actions already havein XXXX, the Consumer Financial Protection Bureau ( CFPB ) found that changes in loan ownership can result in lost payments, paperwork processing issues, missing records, and late fees.37 Furthermore, XXXX has repeatedly demonstrated that it is not capable of adequately servicing student loans. After the return to repayment started in XXXX, at least XXXX XXXX borrowers were affected by servicing failures, such as a backlog of unprocessed Public Service Loan Forgiveness forms, payment miscalculations, and late bills.38 And after XXXX XXXX XXXX of federal loan borrowers were granted borrower defense relief in XX/XX/XXXX, XXXX representatives continued to insist that they would have to return to repayment.39 Given XXXX failure to follow guidance on canceling predatory federal loans, it is hard to believe that it will behave any better in canceling similar private loans Navient will transfer to them. Navient must discharge subprime legacy private loans now before they are transferred to XXXX. Conclusion and Questions Navient has, for decades, aggressively collected payments on loans that it knows are eligible for cancellation.40 These predatory loans were given to students at subprime rates, while Navient coordinated with colleges that lied to borrowers about course credits, career prospects, and programs. Under the Holder Rule and due to Navient and Sallie Maes misconduct, Navient is liable for these predatory loans and should discharge them immediately. We ask that you answer the following questions no later than XX/XX/XXXX. XXXX. Of the XXXX XXXX loans Navient is transferring to XXXX, how many were granted to attend for-profit colleges? Specifically, how many fit into one of the following three categories, established in the AG settlement:41 a. Any private education loan with an outstanding balance originated under an Opportunity or Recourse program, and disbursed after XXXX ; XXXX XXXX XXXX, New Student Loan Problems : Prepare for Lost Payments, Surprise Late Fees as Contracts Change Hands, XXXX XXXX, XX/XX/XXXX, XXXX XXXX XXXXXXXX. XXXX XXXX XXXX XXXX XXXX  The XXXX Papers, XX/XX/XXXX, XXXX XXXX XXXXXXXX. XXXX Letter from attorneys representing class members in XXXX XXXX XXXXXXXX to XXXX XXXX, Chief Executive Officer of XXXX, XX/XX/XXXX, XXXX XXXX XXXXXXXX XXXX. XXXX, Navient distanced itself from a controversial student-loan portfolio. Meanwhile, borrowers cant escape, XXXX XXXX, XX/XX/XXXX, XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXX Navient Corp., XXXX. XXXX ( XXXX. XXXX XX/XX/XXXX ), consent judgment., Appendix A, XXXX XXXX XXXXXXXX. b. Any private education loan with an outstanding balance disbursed by XXXX XXXX lenders, subsidiaries, predecessors, successors, and/or its affiliates after XXXX to a borrower attending a for-profit school, including XXXX owned or operated by, or under XXXX of the trade names : i. XXXX, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX Any non-traditional private education loan with an outstanding balance disbursed by SLM XXXX lenders, subsidiaries, predecessors, successors, and/or affiliates after XXXX XXXX. What is the total value of the private loans granted to attend for-profit colleges as described in question ( XXXX ) in Navients portfolio XXXX XXXX. How many borrowers has Navient alerted to its School Misconduct Discharge Application? On what basis did it select these borrowers? XXXX. How many borrowers have applied for relief using Navients School Misconduct Discharge Application? How many borrowers have been successful and received full cancellation of their loans from Navient? How many borrower applications have been denied? XXXX. During a Navient Corporation XXXX XXXX Earnings Call on XX/XX/XXXX, Navients Executive Vice President and Chief Financial Officer stated, in our private credit provision this quarter, we reserved {$35.00} XXXX due to internal policy changes we've made to meet new regulatory expectations related to school misconduct discharges on certain legacy private loans. This increase reflects our assessment of the impact to the legacy portfolios, life of loan discharges from potential borrower claims.43 How did Navient arrive at this {$35.00} XXXX figure? XXXX. Has Navient discussed with XXXX the implications of transferring loans that are subject to cancellation under the FTC Holder Rule or other bases related to school XXXX Non-traditional means a private education loan disbursed ( XXXX ) to a borrower with a XXXX score below XXXX at origination to attend a private for-profit educational institution ; or ( XXXX ) to a borrower with a XXXX score below XXXX at origination to attend a public or not-for-profit educational institution. XXXX Seeking Alpha, Navient Corporation ( NAVI ) XXXX XXXX Earnings Call Transcript, XX/XX/XXXX, XXXX XXXX XXXXXXXX and/or Navients lending practices per question ( XXXX )? If so, what are XXXX plans to assist in the cancellation of these loans as their new servicer and what plans are underway ( if any ) to ensure adequate data sharing to ensure borrower records are not lost? XXXX. What, if any, policies or procedures has Navient taken or does it plan to take before collecting on a subprime loan to determine that loans eligibility for cancellation under the FTC Holder Rule or other bases related to school misconduct and/or Navients lending practices per question ( XXXX )? Sincerely, XXXX XXXX United States XXXX XXXX XXXX XXXX United States XXXX XXXX XXXX United States XXXX XXXX XXXX XXXX United States XXXX XXXX XXXX XXXX United States XXXX XXXX XXXX United States XXXX XXXX XXXX United States XXXX XXXX XXXX United States XXXX XXXX United States XXXX","date_sent_to_company":"2024-05-03T17:44:52.000Z","issue":"Struggling to repay your loan","sub_product":"Federal student loan servicing","zip_code":"03103","tags":null,"has_narrative":true,"complaint_id":"8925538","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Navient Solutions, LLC.","date_received":"2024-05-03T17:37:11.000Z","state":"NH","company_public_response":null,"sub_issue":"Problem with forgiveness, cancellation, or discharge"},"highlight":{"complaint_what_happened":["My Federal <em>loans</em> in the amount of ( Your amount here ) were discharged and my <em>credit</em> repaired."],"product":["Student <em>loan</em>"],"issue":["Struggling to repay your <em>loan</em>"],"sub_product":["Federal student <em>loan</em> servicing"]},"sort":[9.24653,"8925538"]},{"_index":"complaint-public-v1","_id":"7387189","_score":6.579972,"_source":{"product":"Student loan","complaint_what_happened":"Nelnet Inc ( Nelnet Bank ) and subsidiaries XXXX XXXX XXXX agree to comply with their Company 's disclosure controls and procedures ( as defined in Rules 13a-15 ( e ) and 15d-15 ( e ) under the Securities Exchange Act of 1934 ). Furthermore, in accordance with responsibilities for maintaining effective internal control over financial reporting and for its assessment of the effectiveness of internal control over financial reporting. Accompanied by their managements report on Internal Control over Financial Reporting. Nelnet Inc and subsidiaries agreed to be responsible parties to their companies internal control over financial reporting. With acknowledgment that Nelnet Inc and subsidiaries are considered a public accounting firm registered with the XXXX and that they are required to be in compliance with with the U.S. federal securities laws and the other applicable rules and regulations of the Securities and Exchange Commission and the XXXX. Particularly, XXXX XXXX XXXX Chief Executive Officer ( Principal Executive Officer ) XXXX XXXX XXXX Chief Executive Officer ( Principal Executive Officer ) XXXX XXXX XXXX XXXX XXXX XXXX Chief Financial Officer ( Principal Financial Officer and Principal Accounting Officer ). All of which agreed Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated as XX/XX/XXXX. Per Nelnet Inc XXXX annual reporting each individual was aware and understood that they are subject to federal and state consumer protection, privacy, and related laws and regulations. Some of the more significant federal laws and regulations include : The Higher Education Act, which establishes financial responsibility and administrative capability requirements that govern all third-party servicers of federally insured student loans The Telephone Consumer Protection Act ( TCPA ), which governs communication methods that may be used to contact customers The Truth-In-Lending Act ( TILA ) and Regulation Z, which govern disclosures of credit terms to consumer borrowers The Fair Credit Reporting Act ( FCRA ) and Regulation V, which govern the use and provision of information to consumer reporting agencies The Equal Credit Opportunity Act ( ECOA ) and Regulation B, which prohibit discrimination on the basis of race, creed, or other prohibited factors in extending credit The Servicemembers Civil Relief Act ( SCRA ), which applies to all debts incurred prior to commencement of active military service and limits the amount of interest, including certain fees or charges that are related to the obligation or liability The Military Lending Act ( MLA ), which protects active-duty members of the military, their spouses, and their dependents from certain lending practices The Electronic Funds Transfer Act ( EFTA ) and Regulation E, which protect individual consumers engaged in electronic fund transfers ( EFTs ) The Gramm-Leach-Bliley Act ( GLBA ) and Regulation P, which govern a financial institutions treatment of nonpublic personal information about consumers and require that an institution, under certain circumstances, notify consumers about its privacy policies and practices The General Data Protection Regulation ( GDPR ), a European Union ( EU ) regulation which places specific requirements on businesses that collect and process personal data of individuals residing in the EU, and provides for significant fines and other penalties for non-compliance13 The California Consumer Privacy Act ( CCPA ) and California Privacy Rights Act ( CPRA ), which enhances the privacy rights and consumer protection for residents of California The Coronavirus Aid, Relief, and Economic Security Act ( the CARES Act ), which provides temporary relief measures for federal student loans held by the Department, as a result of the COVID-19 pandemic The Federal Bankruptcy laws Title 11 of the U.S. Code, which provides for the reduction or elimination of certain debts The Electronic Signatures in Global and National Commerce Act ( ESIGN ), which allows the use of electronic records ifthe consumer has affirmatively consented to such use and has not withdrawn such consent Laws prohibiting unfair, deceptive, or abusive acts or practices ( UDAAP ). Various laws, regulations, and standards that govern government contractors. Under the TCPA, plaintiffs may seek actual monetary loss or damages of {$500.00} per violation, and courts may treble the damage award for willful or knowing violations. Nelnet Inc also understood The Dodd-Frank Wall Street Reform and Consumer Protection Act ( the Dodd-Frank Act ) established the Consumer Financial Protection Bureau ( CFPB ) , which has broad authority to regulate a wide range of consumer financial products and services. Also agree to comply to the Securities Exchange Act of 1934 because Nelnet and subsidiaries or their Companies ( student loan servicing business ) would be subject to CFPB supervision and oversight authority. Nelnet Inc and subsidiaries also stated they understood if their companies do not follow these guidelines with applicable laws, regulations, or requirements, it could : ( i ) lose one or more of its licenses or authorizations, ( ii ) become subject to a consent order or administrative enforcement action, ( iii ) face lawsuits ( including class action lawsuits ), sanctions, or penalties, or ( iv ) be in breach of certain contracts, which may void or cancel such contracts. Nelnet indicated on page 15 of their 10 k sec filing that they understood that their companies higher education institution clients are subject to the Family Educational Rights and Privacy Act ( FERPA ) which protects my privacy of student records. Nelnet Inc knowingly admitted that their clients disclose certain non-directory information concerning their students to the company, including contact information, student identification numbers, and the amount of students credit balances pursuant to one or more exceptions under FERPA. Additionally, that they are indirectly subject to FERPA, which states that they may not permit the transfer of any personally identifiable information to another party other than in a manner in which an educational institution may properly disclose it. Furthermore, understanding that a breach of this prohibition could result in a five-year suspension of the Nelnet Inc and subsidiaries access to the related clients records. Nelnet Inc and subsidiaries may also be subject to similar state laws and regulations that restrict higher education institutions from disclosing certain personally identifiable student information. Per my understanding. Additional regulations include Nelnet Bank is subject to federal and state consumer protection, privacy, and related laws and regulations. In addition to having to comply with the majority of laws and regulations addressed in the Loan Servicing and Systems section, there are additional laws and regulations Nelnet Bank must follow. Some of the more significant laws and regulations applicable to Nelnet Bank include : Regulation W and Federal Reserve Act Sections 23A and 23B, which prevents losses to a bank resulting from affiliate engagement and transfer of a banks federal deposit insurance safety net to an affiliate Community Reinvestment Act, which encourages depository institutions to help meet the credit needs of the communities in which they operate Federal Trade Commission ( FTC ) Act, which prevents unfair or deceptive acts or practices and ensures consumer privacy ( including the Telephone Sales Rule, FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, and FTC Policy Statement Regarding Advertising Substantiation ) Regulation O, which places limits and conditions on credit extensions that a bank can offer to its executive officers, principal shareholders, directors, and related interests Right to Financial Privacy Act, which establishes specific procedures that government authorities must follow when requesting a customers financial records from a bank or other financial institution BSA/AML , which specifies the Banks commitment to compliance with the Bank Secrecy Act, Anti-Money Laundering ( BSA/AML ) laws and regulations, including the USA PATRIOT Act, that were enacted to require financial institutions in the United States to assist U.S. government agencies with detecting and preventing money laundering and terrorist financing. Also, subject to the FTCs and the federal banking regulators privacy and information safeguarding requirements under the GLBA. Per the 10k sec filing GLBA requires financial institutions to periodically disclose their privacy policies and practices relating to sharing such information and enables customers to opt out of the disclosing institutions ability to share information with third parties. Nelnet Inc agreed to remain in compliance and conformity of GAAP. Nelnet Inc and subsidiaries have not been in compliance and continue to fail to acknowledge, wrongdoing not only in reference to the Securities and Exchange Act of 1934, but also failed to comply FINRAS rules and guidance as a business. Nelnet Inc and subsidiaries has continued to voluntarily violate my privacy and security by not safeguarding my personal information. Instead they choose to share that information with third party vendors. As a whole this company has not lived up to their promises that they agreed to. This organization has violated my privacy rights as a consumer, and misled me by failing to maintain my security for sensitive consumer information, or caused substantial consumer injury. Nelnet Inc has violated Section 5 of the FTC Act, which bars unfair and deceptive acts and practices in or affecting commerce. Nelnet has violated numerous rules, regulations of the agreement of the Securities Exchange Act of 1934, Rule 405 of the Securities Act, Section 13 or Section 15 ( d ) of the Act, and implemented by the Sarbanes-Oxley Act of 2022 ( 15 U.S.C. 7262, the Dodd-Frank Act ), the Public Company Accounting Oversight Board ( PCAOB ) . I am aware that FINRA takes disciplinary actions against firms and individuals for violations of FINRA rules ; federal securities laws, rules, and regulations ; and the rules of the Municipal Securities Rulemaking Board. In addition to Sanctions including restitution, fines, suspensions, and in cases of serious misconduct, bars from the brokerage industry. Nelnet Inc and subsidiaries provided false and misleading information in reference to the my contract that Ive never agreed to nor signed with them. They obtained my information from a third party company that took over. Net lent has not been following the 80/20 rule. Your company is allowed to keep your 20 % and I make my 80 %. I did not authorize nor agree to your company giving my personal information to other companies. Privacy Act of 1974 ( 5 U.S. Code 552a ). The term record means any item, collection or grouping of information about an individual that is maintained by agency, including, but not limited to financial transactions and any information containing my name or identifiable number. Nelnet Inc and subsidiaries did not provide a conditional disclosure.No agency or company shall disclose any record which is contained in a system of records by any means of communication 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 ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\nAgain they need prior written instruction of the individual to whom it relates.\n\nSection 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; Nelnet Inc have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974. According to PART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 Purpose and scope.\n\n( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15.\n\nEvery company should provide a privacy notice before they furnish any information to my consumer report. Per law 1016.4 Initial privacy notice to consumers required to Provide an Initial notice. It must provide a clear and conspicuous notice that accurately reflects. This was not presented to myself the consumer. This making this illegal. 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party. 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. 15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law. XXXX  and XXXX  are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' 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 customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX  and XXXX  do not have my consent to furnish this information and they surely do not have my written consent. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' Your company Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Privacy Act of 1974 ( 5 U.S. Code 552a ) ly Educational Rights and Privacy Act ( FERPA ) The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in1974 that protects the privacy of student education records. FERPA applies to any-public or private elementary, secondary, or post-secondary school. 20 USC 1232g ( b ).","date_sent_to_company":"2023-08-11T22:48:14.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"43110","tags":null,"has_narrative":true,"complaint_id":"7387189","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nelnet, Inc.","date_received":"2023-08-11T22:30:57.000Z","state":"OH","company_public_response":null,"sub_issue":"Received bad information about your loan"},"highlight":{"complaint_what_happened":["Some of the more significant federal laws and regulations include : The Higher <em>Education</em> Act, which establishes financial responsibility and administrative capability requirements that govern all third-party servicers of federally insured student <em>loans</em> The Telephone Consumer Protection Act ( TCPA ), which governs communication methods that may be used to contact customers The Truth-In-Lending Act ( TILA ) and Regulation Z, which govern disclosures of <em>credit</em> terms to consumer borrowers The Fair <em>Credit</em>"],"product":["Student <em>loan</em>"],"sub_product":["Federal student <em>loan</em> servicing"],"sub_issue":["Received bad information about your <em>loan</em>"]},"sort":[6.579972,"7387189"]},{"_index":"complaint-public-v1","_id":"3217398","_score":5.459538,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Experian is paying consumers who were damaged {$1500.00} for reporting tax liens. I attempted to file complaint online. They required ( no choice ) to agree to their unilateral terms, and their terms of service agreement follows : Terms of Use Agreement Revised XX/XX/2019 ( Please note that our Terms of Use Agreement is also referred to as the \" Terms and Conditions '' ) OVERVIEW AND ACCEPTANCE OF TERMS You agree that by creating an account with XXXX  ( as defined below ), or accessing or using our Services ( as defined below ), website ( s ) ( such as this website, https : //usa.experian.com, or any affiliated website ( including, but not limited to, Experian.com,  XXXXXXXX XXXX, XXXX XXXX, XXXX, usa.experian.com, and experian.experiandirect.com ) ), or mobile applications ( such as the Experian app ), as well as any content provided or accessible in connection with the website ( s ) or mobile application ( s ), including information, user interfaces, source code, reports, images, products, services, and data ( each website and mobile application referred to herein as a \" Website, '' and collectively, as \" Websites '' ), you represent to XXXX that you have read, understood, and expressly consent and agree to be bound by this Terms of Use Agreement, and the terms, conditions, and notices contained or referenced herein ( \" Agreement '' ) whether you are a \" Visitor '' ( which means that you simply browse or access a Website ), or a \" Customer '' ( which means that you have created an account with XXXX, or enrolled or registered with a Website, or are accessing or using a Service ). \n\n\n\nAt Customer 's election, Customer may, from time to time, request to receive, and XXXX may provide, free services or services subject to a fee, whether a recurring fee or a one-time transactional fee ( each a \" Service '' ) ), and Customer 's receipt and use of such Services shall, at all times, be subject to this Agreement. The term \" Service '' includes, but is not limited to, the provision of any of our products and services, including credit report ( s ), credit risk score ( s ), credit monitoring, credit score monitoring and credit score tracking ( including all the data and information contained therein ),  the receipt of any alerts notifying you of changes to the information contained in your credit report ( s ),  regardless of the manner in which you receive the Services, whether by email or mail, through a website or mobile application, by telephone, or through any other mechanism by which a Service is delivered or provided to you. The term \" you '' or \" User '' refers to a Visitor or a Customer. For purposes of this Agreement, the terms \" we, '' \" us '' or \" XXXX '' refer to XXXX, XXXX, an Experian company ( also known as Experian Consumer Services ), and referred to as \" Experian '' on the Websites, its predecessors in interest, successors and assigns, and any of its third party service providers ( including, without limitation, cloud service providers ) who XXXX uses in connection with the provision of the Services to you. If you are a Visitor and do not wish to be bound by this Agreement,  you should immediately cease accessing and using the Websites. Notwithstanding the immediate preceding sentence, if you are a Visitor and continue to access and use a Website, by virtue of your continued access and/or use of the Website, you are indicating your acceptance of this Agreement and agreement to be bound by the terms and conditions contained herein. If you wish to become a Customer and make use of the Services, you will be prompted during the registration process to agree, and must agree, to be bound by this Agreement. \n\n\n\nFor the avoidance of doubt, this Agreement expressly applies to : ( a ) your access to and use of the Websites ; ( b ) any and all transactions between you and XXXX through the Websites, including for the provision of any Services or of any credit, personal, financial or other information delivered as part of or in conjunction with free Services or paid Services, including any such information that may be  archived to the extent made available on the Websites, such as ( i ) for your purchase of non-membership based Services such as the 3 Bureau Credit Report and FICO Scores, the FICO Industry or other Base FICO Scores and/or an Experian Credit Report and FICO Score, ( ii ) enrollment and use of free Services ( such as EXPERIAN XXXX Basic ), and/or enrollment, purchase and use of membership based Services ( such as EXPERIAN XXXX XXXX, Experian XXXX, or Experian XXXX XXXX XXXX ; and ( iii ) your access to and use of calculators, credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto contained in the Websites. \n\n\n\nYou may not browse the Websites, or create an account or register with XXXX, or use or enroll in any Services, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with XXXX. If you accept this Agreement, you represent that you have the capacity to be bound by it. Before you continue, you should print or save a local copy of this Agreement for your records. \n\n\n\nTHE SERVICES AND WEBSITES ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF, ORDER OF, USE OF, AND/OR ACCESS TO, THE SERVICES AND WEBSITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE, ACCESS OR ORDER ANY SERVICE OR ACCESS OR USE THE WEBSITES. IF YOU HAVE ALREADY BEGUN ACCESSING OR USING THE SERVICES AND/OR WEBSITES AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, IMMEDIATELY CEASE USING THE SERVICE OR WEBSITE AND/OR DISCARD ANY INFORMATION OR PRODUCTS YOU RECEIVED VIA ANY SERVICE OR WEBSITE ( TO THE EXTENT APPLICABLE ), AND CALL CUSTOMER CARE AT XXXX TO CANCEL YOUR ACCOUNT WITH XXXX. NOTE, YOU MAY ALSO BE ABLE TO DEACTIVATE YOUR PAID SERVICE AND RETAIN YOUR ACCOUNT WITH ECS ONLINE, AS AND TO THE EXTENT EXPLAINED IN FURTHER DETAIL BELOW. \n\n\n\nPERMISSIBLE PURPOSE AND CONSENTS You understand and agree that, by establishing an account with XXXX, or submitting your order or enrolling for any Service ( including an order for a Service that includes enrollment of your minor child in such Service ), you have provided \" written instructions '' in accordance with the Fair Credit Reporting Act, as amended ( \" FCRA '' ), for XXXX, and its service provider, XXXX XXXX, an Experian company ( \" XXXX '' ), to obtain your credit report and/or credit score ( s ) ( or the credit report or credit score ( s ) of any minor children whom you have enrolled in a Service ) on a recurring basis to provide them to you while you have an account with XXXX, and such information may be obtained by Experian Information Solutions , Inc. ( \" Experian Credit Bureau '' ) or any other credit reporting company. You understand and agree that, pursuant to such authorization, XXXX, and its service provider, XXXX, may access your credit profile ( and those of any minor children whom you have enrolled in a Service ), including without limitation, your credit report, credit score ( s ) and other related information, to, among other things, verify your identity ( or those of any minor children whom you have enrolled ) and to provide credit monitoring, credit scoring, credit score monitoring and tracking, identity monitoring, alerts for, among other things, dormant accounts, new accounts, inquiries, other changes to information contained in your credit report, fraud resolution, or card registry products. You understand and agree that XXXX, and its service provider, XXXX, may, from time to time, provide products, services, features and/or functionality to you, and that they shall be offered pursuant to the same authorization that you provided to XXXX  for XXXX  to obtain your credit report and/or credit score ( s ) on a recurring basis to provide them to you to review while you have an account with XXXX. \n\n\n\nYou further understand and agree that, by establishing an account with XXXX, or submitting your order or enrolling for any Service, you have provided \" written instructions '' in accordance with the FCRA for XXXX to obtain and use the information you have provided, and your credit report and/or credit score ( s ) to notify you of credit opportunities and other products and services that may be available to you through XXXX or through unaffiliated third parties ( as explained in the section below entitled \" General Description of Services '' ). In addition, you further understand and agree that, if you request certain loan offers as part of any Service, such as prequalified personal loan offers, you are authorizing XXXX   to send your information to lending partners on your behalf, and have provided \" written instructions '' in accordance with the FCRA to such lending partners to obtain information from your personal credit profile or other information from one or more consumer reporting agencies, such as XXXX, Experian or XXXX, solely to prequalify you for credit options, offers or other credit opportunities, including prequalified personal loan offers, and to share such credit opportunities with XXXX. \n\n\n\nYou understand and agree that XXXX receives compensation for the marketing of credit opportunities or other products or services available through third parties, and that this compensation may impact how and where such credit opportunities, products or services appear on a Website ( including, for example, the order in which they appear ). You further understand and agree that many but not all credit opportunities available through third parties, such as prequalified credit and personal loan offers, may be made available to you in a Service, and such Service will not include all credit opportunities available through third parties. Please note that prequalification for a credit opportunity available through a third party does not guarantee approval, and you will need to submit an application with such third party if you choose to apply for a prequalified offer ( and such application may result in a credit inquiry that can impact your credit score ( s ) ). \n\n\n\nYou further understand and agree that, by using the Experian Boost Service or other Services using Linked Accounts ( as defined below, including Financial Management Tools ), you ( i ) authorize XXXX   and its service provider ( s ), including XXXX, to gain recurring access to your financial account ( s )  to obtain, use and store financial transactions ( \" Consumer Consent Transaction Data '' ) to add and maintain transactions ( e.g. addition of certain utility and mobile telecom bill payment history ) to your Experian credit file, and if you elect to use Financial Management Tools for XXXX to monitor and provide alerts and insights for your financial transactions for your own review ( if Financial Management Tools are made available to you ) ; and ( ii ) designate XXXX, and its service provider ( s ), including XXXX, as your agent ( s ), and have provided \" written instructions '' in accordance with the FCRA, to add and maintain information to your Experian credit file using Consumer Consent Transaction Data, and such information may be provided on your behalf by XXXX to the Experian Credit Bureau, and may be used and stored by the Experian Credit Bureau for any purposes lawfully permitted by the FCRA ( e.g. use in lending decisions of certain utility and mobile telecom bill  payment history added to your Experian credit file using Experian Boost ), and/or to the same extent as any other information furnished to the Experian Credit Bureau for inclusion in your Experian credit file. \n\n\n\nAMENDMENTS This Agreement may be updated from time to time. You should check this Website regularly for updates to this Agreement. Each time you order, access or use any of the Services or Websites, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement. Modifications take effect as soon as they are posted to this Website ( or any of the Websites, to the extent applicable to you ), delivered to you, or reasonably made available to you in writing by XXXX. However, no unilateral amendment will retroactively modify the parties ' agreed-to dispute resolution provisions of this Agreement for then-pending disputes, unless the parties expressly agree otherwise in writing. In all other respects, any modification or update to the arbitration provision shall be governed by subsection ( g ) of the Agreement 's \" Dispute Resolution By Binding Arbitration '' Section below. \n\n\n\nMODIFICATION OF SERVICES OR WEBSITES XXXX may, at its discretion, modify or discontinue any of the Services or Websites, or any portion thereof, with or without notice. You agree that XXXX  will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Service or Websites. \n\n\n\nGENERAL DESCRIPTION OF SERVICES The Services and Websites are meant to provide you a means to review your personal finance and/or credit information for educational purposes only, and to manage if and to the extent you so choose, and may notify you of credit opportunities and other products and services that may be available to you through XXXX or through third parties ( such as, among other things, advertisements or offers for available credit cards, loan options, financial products or services, or credit related products or services and other offers to Customers, the ability to track and collect certain consumer information specific to you, including but not limited to, credit score, loan and credit card monthly payment, total amount and interest rates ). The Services and Websites are meant for your personal use only. The Services and Websites may also provide you other third-party product information, such as the availability of loans and other financial products or services, or credit related products or services ( including credit repair or other credit education services ). This includes receiving offers free of charge for various credit or other financial products or services based upon your self-identified credit attributes ( and/or your consumer report or credit score ). These offers may also be generic and may not contain offers based on information specific to you. \n\n\n\nWe will identify those Services that are provided to you free of charge. Some of the Services ( including Experian XXXX XXXX, Experian XXXX, or Experian XXXX ) may require a fee at the time of Service purchase or enrollment, such as membership Services that require the payment of an ongoing fee for XXXX 's provision of such Services. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for paid Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize us to, for time to time : ( i ) submit a transaction using the card information provided, ( ii ) in the case of automatic recurring transactions, submit a transaction on a recurring basis ( e.g., monthly or annual basis ) for membership renewals, ( iii ) if necessary, obtain updates from card issuers for cards provided to us, ( iv ) if necessary, bill you,  in a prorated manner ( as required ), in accordance with the particular fee terms for the Service you are purchasing or enrolling in, including if you are transitioning between free or paid Services ( or vice versa ), when a recurring basis transaction is at issue, and ( v ) if necessary ( and applicable ) bill your mobile carrier or others via a mobile application if you authorize us to do so. You may cancel your subscription or enrollment for an ongoing paid Service at any time by calling Customer Care or by using any other method specified on the Websites or in the customer membership center. \n\n\n\nFor the sake of clarity, if at any time while you have an account with XXXX, you decide to cancel your membership in a paid Service, you will be automatically enrolled in a free Service, as the cancellation of the paid Service will not cancel your account with XXXX unless you so indicate. To de-activate your account in its entirety and no longer receive the free Service, you must de-activate your account by contacting Customer Care ( or logging into your online account to deactivate your account, if available ) and expressly de-activating your account to no longer receive such free Service. In all events, your account with XXXX, ( including your access to and use of any Services ( whether free or paid ) and Websites, and regardless of whether you upgrade or downgrade any Services while maintaining your account ), shall be governed by this Agreement ( and the terms and conditions contained herein ). \n\n\n\nYou acknowledge and agree that XXXX ( including its Services and/or Websites ) has not and does not provide you ( or any minor child enrolled in a Service ) legal, tax, financial, or other advice ( including, without limitation, advice on how to improve or repair your credit or credit scores ), and that its Services and/or Websites are not designed or intended to provide any such advice. As discussed above, and for your convenience, we may provide links to various other third party websites that may be of interest to you. The third party offers or links that may be displayed on a Website are from third party companies from which XXXX  may receive compensation. Compensation may impact how, where or whether a third party product, service or link appears on a Website. There may be other offers generally available to you ( including those available in the marketplace ) that are not available to you on our Websites. XXXX  does not make any guarantee or imply approval for any particular offer or opportunity made on our Websites. Further, XXXX  does not represent, warrant or guarantee any level of potential savings or other benefit should you choose to apply for a particular offer. Any suggestion or representation of possible savings are for illustrative purposes only and may vary based on your individual financial circumstances and the terms made available to you by the applicable issuer or lender. XXXX disclaims all liability for any errors or omissions in any express or implied suggestions or representations related to possible savings made by XXXX or its marketing partners. For complete information on any particular offer, see the terms and conditions on the issuer or lender 's website. Once you click apply for any offers, you will be directed to the issuer or lender 's website where you may review the terms and conditions of the applicable opportunity or offer before applying. \n\n\n\nWhile XXXX  uses reasonable efforts to present the most accurate information, we show a summary to help you choose a third party service, not the full legal terms. XXXX does not control or endorse such websites and is not responsible for their content, nor is it responsible for the accuracy or reliability of any information, data, opinions, offers, advice, or statements contained within such websites, nor can XXXX guarantee your eligibility to take advantage of any of the information, data, opinions, offers, advice or statements contained within those websites. Please carefully read the terms and conditions or terms of use policies of any other third party company or website you may link to from our Websites. If you decide to access any of the third party sites linked to the Websites, you do so at your own risk. XXXX reserves the right to terminate any link or linking program at any time. XXXX disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such third party websites. \n\n\n\nACCOUNT WITH ECS ; USE OF THE SERVICES In consideration of your account with XXXX, and/or your order of, access to, and/or use of any Service or Website, you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in any Service, when prompted to do so by the registration and application forms or requested to do so by XXXX. If any information you provide is untrue, inaccurate or not current, or if XXXX has reasonable grounds to suspect that such information is untrue, inaccurate or not current, XXXX, at its sole discretion, has the right to suspend or terminate your account, or order of, use of, and/or access to, any Service or Website, and refuse all current or future orders of, use of, and/or access to, any Service or Website, or suspend or terminate any portion thereof. You acknowledge and agree that XXXX may, in its sole discretion, retain any information you provide to it or generated by XXXX   ( or its affiliates/suppliers ) while you have an account with XXXX, including any information about you ( or any minor child you are enrolling, when enrolling in any Service ) and any credit card or payment or other information obtained in connection with your account and/or the provision of any Service. If XXXX   does retain any such information, you acknowledge it is not obligated to retain that information for any specified period of time. \n\n\n\nDISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. \n\n\n\nSUMMARY : MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER 'S SATISFACTION BY CALLING XXXX 'S CUSTOMER CARE DEPARTMENT AT XXXX. IN THE UNLIKELY EVENT THAT XXXX 'S CUSTOMER CARE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR WEBSITE TO YOUR SATISFACTION ( OR IF XXXX HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY ), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS ; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. XXXX  WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND ECS WILL BE ENTITLED TO RECOVER ATTORNEYS ' FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT. \n\n\n\nArbitration Agreement : ( a ) XXXX and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Services or Websites to the maximum extent permitted by law, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Service and/or your use of any Website subject to arbitration to the fullest extent permitted by law.. The agreement to arbitrate includes, but is not limited to : claims arising out of or relating to any aspect of the relationship between us arising out of any Service or Website, whether based in contract, tort, statute ( including, without limitation, the Credit Repair Organizations Act ) fraud, misrepresentation or any other legal theory ; claims that arose before this or any prior Agreement ( including, but not limited to, claims relating to advertising ) ; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class ; and claims that may arise after the termination of this Agreement. \n\n\n\nFor purposes of this arbitration provision, references to \" XXXX, '' \" you, '' and \" us '' shall include our respective parent entities, subsidiaries, affiliates ( including, without limitation, our service provider, XXXX ), agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services and/or Websites or information under this or prior Agreements between us relating to Services and/or Websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and XXXX are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the XXXX XXXX XXXX governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.\n\n( b ) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ( \" Notice '' ). The Notice to XXXX  should be addressed to : General Counsel, Experian, XXXX XXXX XXXX, XXXX XXXX, CA XXXX ( \" Notice Address '' ). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from XXXX ( \" Demand '' ). If XXXX and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or XXXX may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by XXXX or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or XXXX is entitled. \n\n\n\nYou may obtain more information about arbitration from www.adr.org. \n\n\n\n( c ) After XXXX  receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. ( The filing fee currently is {$200.00} for claims under {$10000.00}, but is subject to change by the arbitration provider. If you are unable to pay this fee, XXXX will pay it directly upon receiving a written request at the Notice Address. ) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes ( collectively, \" XXXX Rules '' ) of the XXXX XXXX XXXX ( \" XXXX '' ), as modified by this Agreement, and will be administered by the XXXX. If the XXXX is unavailable or refuses to arbitrate the parties ' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties can not agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the XXXX XXXX XXXX. In all events, the XXXX Rules shall govern the parties ' dispute. The XXXX Rules are available online at www.adr.org, by calling the XXXX at XXXX, or by writing to the Notice Address. The XXXX Rules may change from time to time, and you should review them periodically. \n\n\n\nAll issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement 's other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless XXXX and you agree otherwise, any arbitration hearings will take place in the county ( or parish ) of your billing address. If your claim is for {$10000.00} or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the XXXX Rules. If your claim exceeds {$10000.00}, the right to a hearing will be determined by the XXXX Rules. Except as otherwise provided for herein, XXXX will pay all XXXX filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose ( as measured by the standards set forth in Federal Rule of Civil Procedure 11 ( b ) ), then the payment of all such fees will be governed by the XXXX Rules. In such case, you agree to reimburse XXXX for all monies previously disbursed by it that are otherwise your obligation to pay under the XXXX Rules. \n\n\n\n( d ) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the XXXX Rules. \n\n\n\n( e ) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the XXXX Rules. \n\n\n\n( f ) YOU AND ECS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and XXXX   agree otherwise, the arbitrator may not consolidate more than one person 's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party 's individual claim. If this specific subparagraph ( f ) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph ( f ) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph ( f ) enforced. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration. \n\n\n\n( g ) Notwithstanding any provision in this Agreement to the contrary, we agree that if XXXX makes any change to this arbitration provision ( other than a change to the Notice Address ) during your membership in any Service, including credit monitoring, or subsequent to your purchase of any Service, you may reject any such change and require XXXX to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service by providing Notice to XXXX at the Notice Address above prior to initiating your dispute. \n\n\n\nFCRA DISCLOSURES The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company","date_sent_to_company":"2019-04-19T17:26:32.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"60134","tags":null,"has_narrative":true,"complaint_id":"3217398","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2019-04-19T17:16:27.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Difficulty submitting a dispute or getting information about a dispute over the phone"},"highlight":{"complaint_what_happened":["The Services and Websites may also provide you other third-party product information, such as the availability of <em>loans</em> and other financial products or services, or <em>credit</em> related products or services ( including <em>credit</em> repair or other <em>credit</em> <em>education</em> services ). This includes receiving offers free of charge for various <em>credit</em> or other financial products or services based upon your self-identified <em>credit</em> attributes ( and/or your consumer report or <em>credit</em> score )."],"product":["<em>Credit</em> reporting, <em>credit</em> repair services, or other personal consumer reports"],"issue":["Problem with a <em>credit</em> reporting company's investigation into an existing problem"],"sub_product":["<em>Credit</em> reporting"]},"sort":[5.459538,"3217398"]},{"_index":"complaint-public-v1","_id":"10475948","_score":5.024959,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to formally rescind my [ contract/agreement ] for the purchase of the [ XXXX, XXXX, vin number XXXX ], purchased on [ XX/XX/XXXX ] at your [ Dealership Location ]. Under the provisions of relevant consumer protection laws and regulations, including but not limited to the Truth in Lending Act ( TILA ), Federal Trade Commission ( FTC ) regulations, and the Consumer Financial Protection Bureau ( CFPB ) guidelines, I am exercising my right to rescind this contract and request a full refund of any amounts paid, in accordance with my rights under the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 ) and related consumer protection statutes. \n\nAfter careful review of the loan documents and disclosures provided by your dealership, I have discovered multiple violations of my rights as a consumer. These violations fall under the following federal consumer laws : 1. **Truth in Lending Act ( TILA ) Violations** : Truth and lending disclosure : Annual percentage rate, finance charge ( ( Sum of all charges ) ), amount financed, any down payment with total payments, total interest from apr. ( amount of credit provided on my behalf ( ( open end credit plan ) ). Drive time did not accurately and truthfully follow the ( TILA ) laws. \n\nPrimary tabs ( *definition ) The Truth in Lending Act ( TILA ) is a consumer protection law enacted in XXXX in response to exceedlingy predatory loan practices. Prior to the TILA, lenders would use a variety of terminology and forms of lending that manipulated uninformed borrowers. The TILA changed this by requiring a uniform system of disclosures and terminology to be used for lending like credit cards or mortgages. Creditors were required to disclose details like the annual percentage rate and repayments details in a clear way to borrowers or else the borrower may be able to rescind the debt. TILA also limits the amount of late fees creditors can charge. Overall, the TILA since its signing has been updated to respond to changing lending practices to ensure borrowers clearly understand the terms and conditions they agree to. \n\n\n\n\n-15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. \n( b ) Terms of personal property leases The XXXX also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements. \n- 15 U.S.C. 1602 ( g ), ( j ), ( i ), ( k ), ( p ) : Drive time Failed to provide clear and accurate definitions regarding credit terms and conditions at the time of the transaction or beforehand. \n\n15 U.S code 1602 ( g ) : ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter.\n\nIn this Violation I am not liable for any payments or finance charges outside of the initial Consumer credit transaction ( CCT ), as to having open end credit! There is no such evidence of indebtedness to ( me ) The contract will be voided and longer service anything. Rescind the agreement/ contract now. \n\n\n15 U.S code 1602 ( i ) : ( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. \n\nI need the car to get my siblings to school and be able to go to work and back home. I can not do that in the face of illegal representation and not fully disclosing the information ( TILA ), who has instructed ( XXXX XXXX ) to do so in congress writing. I need the car so I am able to sustain a life of living. \n\n\n15 U.S code 1602 ( j ) : ( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time. \n\nI have a right to unlimited credit in the case of being denied credit is a false and inaccurate statement under the consumer law writings. As I am not liable for any of the monthly payments, down payments and extra charges that were not clearly and conspicuously disclosed. \n\n\n15 U.S code 160XXXX ( k ) : ( k ) The term adequate notice, as used in section XXXX of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder. \n\n\nThere was never a point in time that drive time informed me on my right to rescind, which is a violation for not disclosing to me my right Clearly and conspicuously to rescind. \n\n\n15 U.S code 1602 ( p ) : ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n\nI was violated by ( XXXX XXXX ) in the misuse of my credit report and information which is a violation. I received no benefits from the extra unlawful charges. This misleading information has led me into losing my job and not being able to get my mothers care needed. \n\n- 15 U.S.C. 1604 ( a ), ( b ) : Violations related to required regulations and guidelines for credit disclosures. They misused my credit which affected me in many statue damages, which damaged my way of living, character and right to obtain more credit. \n\n- 15 U.S.C. 1604 ( a ) : ( a ) Promulgation, contents, etc., of regulations The Bureau shall prescribe regulations to carry out the purposes of this subchapter. Except with respect to the provisions of section 1639 of this title that apply to a mortgage referred to in section 1602 ( aa ) [ 1 ] of this title, such regulations may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. \n\n- 15 U.S.C. 1604 ( b ) : ( b ) Model disclosure forms and clauses ; publication, criteria, compliance, etc. \nThe Bureau shall publish a single, integrated disclosure for mortgage loan transactions ( including real estate settlement cost statements ) which includes the disclosure requirements of this subchapter in conjunction with the disclosure requirements of the Real Estate Settlement Procedures Act of XXXX [ 12 U.S.C. 2601 et seq. ] that, taken together, may apply to a transaction that is subject to both or either provisions of law. The purpose of such model disclosure shall be to facilitate compliance with the disclosure requirements of this subchapter and the Real Estate Settlement Procedures Act of XXXX, and to aid the borrower or lessee in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. In devising such forms, the Bureau shall consider the use by creditors or lessors of data processing or similar automated equipment. Nothing in this subchapter may be construed to require a creditor or lessor to use any such model form or clause prescribed by the Bureau under this section. A creditor or lessor shall be deemed to be in compliance with the disclosure provisions of this subchapter with respect to other than numerical disclosures if the creditor or lessor ( 1 ) uses any appropriate model form or clause as published by the Bureau, or ( 2 ) uses any such model form or clause and changes it by ( A ) deleting any information which is not required by this subchapter, or ( B ) rearranging the format, if in making such deletion or rearranging the format, the creditor or lessor does not affect the substance, clarity, or meaningful sequence of the disclosure. \nIn accordance with the consumer law i am revoking all of my signatures from ( XXXX XXXX ) and all contracts that ( XXXX XXXX ) illegally obtained and distributed to other furnishers. \n\n- 15 U.S.C. 1605 ( a ) ( 1 ) - ( 6 ), ( c ), ( d ) ( 1 ) - ( 3 ), ( e ) ( 1 ) - ( 6 ) : Improper disclosure of the finance charge, amount financed, and the annual percentage rate ( APR ). In the documents attached to this letter ( Retail installment contract ) It shows extra charges outside of the finance charge which ( CLEARLY STATES ) in title above this statement. I will need full compensation back for all misleading advertisements presented illegally as for non accurate disclosures of documents to be terminated immediately. \n\n\n( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents ( car dealership ), attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( XXXX ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. \n* XXXX, monthly payments ( XXXX ) Service or carrying charge. \n\n\n( XXXX ) Loan fee, finders fee, or similar charge. \n\n\n( XXXX ) Fee for an investigation or credit report. \n\n\n( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. \n\n\n\n\n( XXXX ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed. ( extra fees onto of car loan- apart of finance charged ) ( finaced to me on my behalf on the finance charged means it was paid off full. ) - 15 U.S.C. 1605 ( c ) : ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. \n\n\n- 15 U.S.C. 1605 ( d ) : ( d ) Items exempted from computation of finance charge in all credit transactions If any of the following items is itemized and disclosed in accordance with the regulations of the Bureau in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction : ( XXXX ) Fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction. \n\n\n( XXXX ) The premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges described in paragraph ( XXXX ) which would otherwise be payable. \n\n\n( XXXX ) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness. \n\n\n- 15 U.S.C. 1605 ( e ) : ( e ) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction : ( 1 ) Fees or premiums for title examination, title insurance, or similar purposes.\n\n( 2 ) Fees for preparation of loan-related documents.\n\n( 3 ) Escrows for future payments of taxes and insurance.\n\n( 4 ) Fees for notarizing deeds and other documents.\n\n( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.\n\n( 6 ) Credit reports. \n\n\n\n\n- 15 U.S.C. 1606 ( a ) ( 1 ) ( A ) ( B ) ( 2 ), ( b ), ( e ) : Violations in the calculation and disclosure of the APR and other credit terms.\n\n15 U.S. Code 1606 - Determination of annual percentage rate ( a ) Annual percentage rate defined The annual percentage rate applicable to any extension of consumer credit shall be determined, in accordance with the regulations of the Bureau, ( 1 ) in the case of any extension of credit other than under an open end credit plan, as ( A ) that nominal annual percentage rate which will yield a sum equal to the amount of the finance charge when it is applied to the unpaid balances of the amount financed, calculated according to the actuarial method of allocating payments made on a debt between the amount financed and the amount of the finance charge, pursuant to which a payment is applied first to the accumulated finance charge and the balance is applied to the unpaid amount financed; or ( B ) the rate determined by any method prescribed by the Bureau as a method which materially simplifies computation while retaining reasonable accuracy as compared with the rate determined under subparagraph ( A ). [ 1 ] ( 2 ) in the case of any extension of credit under an open end credit plan, as the quotient ( expressed as a percentage ) of the total finance charge for the period to which it relates divided by the amount upon which the finance charge for that period is based, multiplied by the number of such periods in a year. \n\n\n( b ) Computation of rate of finance charges for balances within a specified range Where a creditor imposes the same finance charge for balances within a specified range, the annual percentage rate shall be computed on the median balance within the range, except that if the Bureau determines that a rate so computed would not be meaningful, or would be materially misleading, the annual percentage rate shall be computed on such other basis as the Bureau may be regulation require ( e ) Authorization of tolerances in determining annual percentage rates In the case of creditors determining the annual percentage rate in a manner other than as described in subsection ( d ), the Bureau may authorize other reasonable tolerances. \n\n\n- 15 U.S.C. 1611 ( 1 ) - ( 3 ) : Drive time is held under the Criminal liability for willful and knowing violations of TILA provisions. \n\n15 U.S. Code 1611- Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. \n\n- 15 U.S.C. 1640 ( a ) ( 1 ) - ( 4 ), ( d ) - ( f ) : Civil liability for TILA violations, including statutory damages and legal remedies available to me as a consumer. My credit, person of self, natural character was damaged due to the fact of not being informed clearly and conspicuously on my rights and the finance charge break down. I have lost my daughter and jobs with my truck being repossessed illegally which is a breach of peace a federal law. I have been struggling to get to work do to this outcome of illegal activities. \n\n15 U.S. Code 1640 - Civil liability ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section XXXX of this title, subsection ( f ) or ( g ) of section XXXX of this title, or part D or XXXX of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( XXXX ) any actual damage sustained by such person as a result of the failure ; ( XXXX ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or ( B ) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of {>= $1,000,000} or 1 per centum of the net worth of the creditor ; ( 3 ) in the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of rescission under section 1635 or 1638 ( e ) ( 7 ) of this title, the costs of the action, together with a reasonable attorneys fee as determined by the court ; and ( 4 ) in the case of a failure to comply with any requirement under section 1639 of this title, paragraph ( 1 ) or ( 2 ) of section 1639b ( c ) of this title, or section 1639c ( a ) of this title, an amount equal to the sum of all finance charges and fees paid by the consumer, unless the creditor demonstrates that the failure to comply is not material.In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditors failure of compliance was intentional. In connection with the disclosures referred to in subsections ( a ) and ( b ) of section 1637 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, 1637 ( a ) [ 2 ] of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title, or for failing to comply with disclosure requirements under State law for any term or item that the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms or items referred to in section 1637 ( a ) of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title. In connection with the disclosures referred to in subsection ( c ) or ( d ) of section 1637 of this title, a card issuer shall have a liability under this section only to a cardholder who pays a fee described in section 1637 ( c ) ( 1 ) ( A ) ( ii ) ( I ) or section 1637 ( c ) ( 4 ) ( A ) ( i ) of this title or who uses the credit card or charge card. In connection with the disclosures referred to in section 1638 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, of paragraph ( 2 ) ( insofar as it requires a disclosure of the amount financed ), ( 3 ), ( 4 ), ( 5 ), ( 6 ), or ( 9 ) of section 1638 ( a ) of this title, or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title, of subparagraphs ( A ), ( B ), ( D ), ( F ), or ( J ) of section 1638 ( e ) ( 2 ) of this title ( for purposes of paragraph ( 2 ) or ( 4 ) of section 1638 ( e ) of this title ), or paragraph ( 4 ) ( C ), ( 6 ), ( 7 ), or ( 8 ) of section 1638 ( e ) of this title, or for failing to comply with disclosure requirements under State law for any term which the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms referred to in any of those paragraphs of section 1638 ( a ) of this title or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title. With respect to any failure to make disclosures required under this part or part D or E of this subchapter, liability shall be imposed only upon the creditor required to make disclosure, except as provided in section 1641 of this title. \n\n\n( d ) Liability in transaction or lease involving multiple obligors When there are multiple obligors in a consumer credit transaction or consumer lease, there shall be no more than one recovery of damages under subsection ( a ) ( 2 ) for a violation of this subchapter. \n( e ) Jurisdiction of courts ; limitations on actions ; State attorney general enforcement Except as provided in the subsequent sentence, any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation or, in the case of a violation involving a private education loan ( as that term is defined in section 1650 ( a ) of this title ), 1 year from the date on which the first regular payment of principal is due under the loan. Any action under this section with respect to any violation of section 1639, 1639b, or 1639c of this title may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 3-year period beginning on the date of the occurrence of the violation. This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than XXXX year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law. An action to enforce a violation of section 1639, 1639b, 1639c, 1639d, 1639e, 1639f, 1639g, or 1639h of this title may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction, not later than 3 years after the date on which the violation occurs. The State attorney general shall provide prior written notice of any such civil action to the Federal agency responsible for enforcement under section 1607 of this title and shall provide the agency with a copy of the complaint. If prior notice is not feasible, the State attorney general shall provide notice to such agency immediately upon instituting the action. The Federal agency may ( 1 ) intervene in the action ; ( 2 ) upon intervening ( A ) remove the action to the appropriate United States district court, if it was not originally brought there; and ( B ) be heard on all matters arising in the action; and ( XXXX ) file a petition for appeal. \n\n\n( f ) Good faith compliance with rule, regulation, or interpretation of Bureau or with interpretation or approval of duly authorized official or employee of Federal Reserve System No provision of this section, section 1607 ( b ) of this title, section 1607 ( c ) of this title, section 1607 ( e ) of this title, or section 1611 of this title imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Bureau to issue such interpretations or approvals under such procedures as the Bureau may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. \n\n\n- 15 U.S.C. 1635 ( a ) - ( g ), ( i ) ( 1 ) ( 3 ) ( 4 ) : Right to rescind based on inadequate or misleading disclosures under TILA, specifically as it pertains to the right of rescission. XXXX XXXX did not clearly or conspicuously detail anything under the ( TILA ) LAW. \n\n\n( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. \n( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. \n( c ) Rebuttable presumption of delivery of required disclosures Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms, and a statement is required to be given pursuant to this section does no more than create a rebuttable presumption of delivery thereof. \n( d ) Modification and waiver of rights The Bureau may, if it finds that such action is necessary in order to permit homeowners to meet bona fide personal financial emergencies, prescribe regulations authorizing the","date_sent_to_company":"2024-10-16T19:34:11.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"27405","tags":null,"has_narrative":true,"complaint_id":"10475948","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-10-16T19:33:50.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["first regular payment of principal is due under the <em>loan</em>."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[5.024959,"10475948"]},{"_index":"complaint-public-v1","_id":"10475822","_score":5.0168996,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"I am writing to formally rescind my [ contract/agreement ] for the purchase of the [ XXXX, XXXX, vin number XXXX ], purchased on [ XX/XX/XXXX ] at your [ XXXX XXXX ]. Under the provisions of relevant consumer protection laws and regulations, including but not limited to the Truth in Lending Act ( TILA ), Federal Trade Commission ( FTC ) regulations, and the Consumer Financial Protection Bureau ( CFPB ) guidelines, I am exercising my right to rescind this contract and request a full refund of any amounts paid, in accordance with my rights under the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 ) and related consumer protection statutes. \n\nAfter careful review of the loan documents and disclosures provided by your dealership, I have discovered multiple violations of my rights as a consumer. These violations fall under the following federal consumer laws : 1. **Truth in Lending Act ( TILA ) Violations** : Truth and lending disclosure : Annual percentage rate, finance charge ( ( Sum of all charges ) ), amount financed, any down payment with total payments, total interest from apr. ( amount of credit provided on my behalf ( ( open end credit plan ) ). did not accurately and truthfully follow the ( TILA ) laws.\n\nPrimary tabs ( *definition ) The Truth in Lending Act ( TILA ) is a consumer protection law enacted in 1968 in response to exceedlingy predatory loan practices. P\nrior to the TILA, lenders would use a variety of terminology and forms of lending that manipulated uninformed borrowers. The TILA changed this by requiring a uniform system of disclosures and terminology to be used for lending like credit cards or mortgages. Creditors were required to disclose details like the annual percentage rate and repayments details in a clear way to borrowers or else the borrower may be able to rescind the debt. TILA also limits the amount of late fees creditors can charge. Overall, the TILA since its signing has been updated to respond to changing lending practices to ensure borrowers clearly understand the terms and conditions they agree to. \n\n\n\n\n-15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. \n( b ) Terms of personal property leases The Congress also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements. \n- 15 U.S.C. 1602 ( g ), ( j ), ( i ), ( k ), ( p ) : Failed to provide clear and accurate definitions regarding credit terms and conditions at the time of the transaction or beforehand. \n\n15 U.S code 1602 ( g ) : ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter. \n\nIn this Violation I am not liable for any payments or finance charges outside of the initial Consumer credit transaction ( CCT ), as to having open end credit! There is no such evidence of indebtedness to ( me ) The contract will be voided and longer service anything. Rescind the agreement/ contract now. \n\n\n15 U.S code 1602 ( i ) : ( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. \n\nI need the car to get my siblings to school and be able to go to work and back home. I can not do that in the face of illegal representation and not fully disclosing the information ( TILA ), who has instructed ( XXXX XXXX ) to do so in congress writing. I need the car so I am able to sustain a life of living. \n\n\n15 U.S code 1602 ( j ) : ( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time. \n\nI have a right to unlimited credit in the case of being denied credit is a false and inaccurate statement under the consumer law writings. As I am not liable for any of the monthly payments, down payments and extra charges that were not clearly and conspicuously disclosed. \n\n\n15 U.S code XXXX ( k ) : ( k ) The term adequate notice, as used in section 1643 of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder. \n\n\nThere was never a point in time that drive time informed me on my right to rescind, which is a violation for not disclosing to me my right Clearly and conspicuously to rescind. \n\n\n15 U.S code 1602 ( p ) : ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n\nI was violated by ( XXXX XXXX ) in the misuse of my credit report and information which is a violation. I received no benefits from the extra unlawful charges. This misleading information has led me into losing my job and not being able to get my mothers care needed. \n\n- 15 U.S.C. 1604 ( a ), ( b ) : Violations related to required regulations and guidelines for credit disclosures. They misused my credit which affected me in many statue damages, which damaged my way of living, character and right to obtain more credit. \n\n- 15 U.S.C. 1604 ( a ) : ( a ) Promulgation, contents, etc., of regulations The Bureau shall prescribe regulations to carry out the purposes of this subchapter. Except with respect to the provisions of section 1639 of this title that apply to a mortgage referred to in section 1602 ( aa ) [ 1 ] of this title, such regulations may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. \n\n- 15 U.S.C. 1604 ( b ) : ( b ) Model disclosure forms and clauses ; publication, criteria, compliance, etc. \nThe Bureau shall publish a single, integrated disclosure for mortgage loan transactions ( including real estate settlement cost statements ) which includes the disclosure requirements of this subchapter in conjunction with the disclosure requirements of the Real Estate Settlement Procedures Act of 1974 [ 12 U.S.C. 2601 et seq. ] that, taken together, may apply to a transaction that is subject to both or either provisions of law. The purpose of such model disclosure shall be to facilitate compliance with the disclosure requirements of this subchapter and the Real Estate Settlement Procedures Act of 1974, and to aid the borrower or lessee in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. In devising such forms, the Bureau shall consider the use by creditors or lessors of data processing or similar automated equipment. Nothing in this subchapter may be construed to require a creditor or lessor to use any such model form or clause prescribed by the Bureau under this section. A creditor or lessor shall be deemed to be in compliance with the disclosure provisions of this subchapter with respect to other than numerical disclosures if the creditor or lessor ( 1 ) uses any appropriate model form or clause as published by the Bureau, or ( 2 ) uses any such model form or clause and changes it by ( A ) deleting any information which is not required by this subchapter, or ( B ) rearranging the format, if in making such deletion or rearranging the format, the creditor or lessor does not affect the substance, clarity, or meaningful sequence of the disclosure. \nIn accordance with the consumer law i am revoking all of my signatures from ( XXXX XXXX ) and all contracts that ( XXXX XXXX ) illegally obtained and distributed to other furnishers. \n\n- 15 U.S.C. 1605 ( a ) ( 1 ) - ( 6 ), ( c ), ( d ) ( 1 ) - ( 3 ), ( e ) ( 1 ) - ( 6 ) : Improper disclosure of the finance charge, amount financed, and the annual percentage rate ( APR ). In the documents attached to this letter ( Retail installment contract ) It shows extra charges outside of the finance charge which ( CLEARLY STATES ) in title above this statement. I will need full compensation back for all misleading advertisements presented illegally as for non accurate disclosures of documents to be terminated immediately. \n\n\n( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents ( car dealership ), attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.\n\n* Apr, monthly payments ( 2 ) Service or carrying charge. \n\n\n( 3 ) Loan fee, finders fee, or similar charge.\n\n( 4 ) Fee for an investigation or credit report.\n\n( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. \n\n\n\n\n( 6 ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed. ( extra fees onto of car loan- apart of finance charged ) ( finaced to me on my behalf on the finance charged means it was paid off full. ) - 15 U.S.C. 1605 ( c ) : ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. \n\n\n- 15 U.S.C. 1605 ( d ) : ( d ) Items exempted from computation of finance charge in all credit transactions If any of the following items is itemized and disclosed in accordance with the regulations of the Bureau in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction : ( 1 ) Fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction. \n\n\n( 2 ) The premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges described in paragraph ( 1 ) which would otherwise be payable.\n\n( 3 ) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness. \n\n\n- 15 U.S.C. 1605 ( e ) : ( e ) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction : ( 1 ) Fees or premiums for title examination, title insurance, or similar purposes. \n( 2 ) Fees for preparation of loan-related documents.\n\n( 3 ) Escrows for future payments of taxes and insurance.\n\n( 4 ) Fees for notarizing deeds and other documents.\n\n( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.\n\n( 6 ) Credit reports.\n\n- 15 U.S.C. 1606 ( a ) ( 1 ) ( A ) ( B ) ( 2 ), ( b ), ( e ) : Violations in the calculation and disclosure of the APR and other credit terms. \n\n15 U.S. Code 1606 - Determination of annual percentage rate ( a ) Annual percentage rate defined The annual percentage rate applicable to any extension of consumer credit shall be determined, in accordance with the regulations of the Bureau, ( 1 ) in the case of any extension of credit other than under an open end credit plan, as ( A ) that nominal annual percentage rate which will yield a sum equal to the amount of the finance charge when it is applied to the unpaid balances of the amount financed, calculated according to the actuarial method of allocating payments made on a debt between the amount financed and the amount of the finance charge, pursuant to which a payment is applied first to the accumulated finance charge and the balance is applied to the unpaid amount financed; or ( B ) the rate determined by any method prescribed by the Bureau as a method which materially simplifies computation while retaining reasonable accuracy as compared with the rate determined under subparagraph ( A ). [ 1 ] ( 2 ) in the case of any extension of credit under an open end credit plan, as the quotient ( expressed as a percentage ) of the total finance charge for the period to which it relates divided by the amount upon which the finance charge for that period is based, multiplied by the number of such periods in a year. \n\n\n( b ) Computation of rate of finance charges for balances within a specified range Where a creditor imposes the same finance charge for balances within a specified range, the annual percentage rate shall be computed on the median balance within the range, except that if the Bureau determines that a rate so computed would not be meaningful, or would be materially misleading, the annual percentage rate shall be computed on such other basis as the Bureau may be regulation require ( e ) Authorization of tolerances in determining annual percentage rates In the case of creditors determining the annual percentage rate in a manner other than as described in subsection ( d ), the Bureau may authorize other reasonable tolerances.\n\n- 15 U.S.C. 1611 ( 1 ) - ( 3 ) : is held under the Criminal liability for willful and knowing violations of TILA provisions. \n\n15 U.S. Code 1611- Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. \n\n- 15 U.S.C. 1640 ( a ) ( 1 ) - ( 4 ), ( d ) - ( f ) : Civil liability for TILA violations, including statutory damages and legal remedies available to me as a consumer. My credit, person of self, natural character was damaged due to the fact of not being informed clearly and conspicuously on my rights and the finance charge break down. I have lost my daughter and jobs with my truck being repossessed illegally which is a breach of peace a federal law. I have been struggling to get to work do to this outcome of illegal activities. \n\n15 U.S. Code 1640 - Civil liability ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection ( f ) or ( g ) of section 1641 of this title, or part D or E of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of the failure ; ( 2 ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or ( B ) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of {>= $1,000,000} or 1 per centum of the net worth of the creditor ; ( 3 ) in the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of rescission under section 1635 or 1638 ( e ) ( 7 ) of this title, the costs of the action, together with a reasonable attorneys fee as determined by the court ; and ( 4 ) in the case of a failure to comply with any requirement under section 1639 of this title, paragraph ( 1 ) or ( 2 ) of section 1639b ( c ) of this title, or section 1639c ( a ) of this title, an amount equal to the sum of all finance charges and fees paid by the consumer, unless the creditor demonstrates that the failure to comply is not material.In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditors failure of compliance was intentional. In connection with the disclosures referred to in subsections ( a ) and ( b ) of section 1637 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, 1637 ( a ) [ 2 ] of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title, or for failing to comply with disclosure requirements under State law for any term or item that the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms or items referred to in section 1637 ( a ) of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title. In connection with the disclosures referred to in subsection ( c ) or ( d ) of section 1637 of this title, a card issuer shall have a liability under this section only to a cardholder who pays a fee described in section 1637 ( c ) ( 1 ) ( A ) ( ii ) ( I ) or section 1637 ( c ) ( 4 ) ( A ) ( i ) of this title or who uses the credit card or charge card. In connection with the disclosures referred to in section 1638 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, of paragraph ( 2 ) ( insofar as it requires a disclosure of the amount financed ), ( 3 ), ( 4 ), ( 5 ), ( 6 ), or ( 9 ) of section 1638 ( a ) of this title, or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title, of subparagraphs ( A ), ( B ), ( D ), ( F ), or ( J ) of section 1638 ( e ) ( 2 ) of this title ( for purposes of paragraph ( 2 ) or ( 4 ) of section 1638 ( e ) of this title ), or paragraph ( 4 ) ( C ), ( 6 ), ( 7 ), or ( 8 ) of section 1638 ( e ) of this title, or for failing to comply with disclosure requirements under State law for any term which the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms referred to in any of those paragraphs of section 1638 ( a ) of this title or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title. With respect to any failure to make disclosures required under this part or part D or E of this subchapter, liability shall be imposed only upon the creditor required to make disclosure, except as provided in section 1641 of this title. \n\n\n( d ) Liability in transaction or lease involving multiple obligors When there are multiple obligors in a consumer credit transaction or consumer lease, there shall be no more than one recovery of damages under subsection ( a ) ( 2 ) for a violation of this subchapter. \n( e ) Jurisdiction of courts ; limitations on actions ; State attorney general enforcement Except as provided in the subsequent sentence, any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation or, in the case of a violation involving a private education loan ( as that term is defined in section 1650 ( a ) of this title ), 1 year from the date on which the first regular payment of principal is due under the loan. Any action under this section with respect to any violation of section 1639, 1639b, or 1639c of this title may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 3-year period beginning on the date of the occurrence of the violation. This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law. An action to enforce a violation of section 1639, 1639b, 1639c, 1639d, 1639e, 1639f, 1639g, or 1639h of this title may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction, not later than 3 years after the date on which the violation occurs. The State attorney general shall provide prior written notice of any such civil action to the Federal agency responsible for enforcement under section 1607 of this title and shall provide the agency with a copy of the complaint. If prior notice is not feasible, the State attorney general shall provide notice to such agency immediately upon instituting the action. The Federal agency may ( 1 ) intervene in the action ; ( 2 ) upon intervening ( A ) remove the action to the appropriate United States district court, if it was not originally brought there; and ( B ) be heard on all matters arising in the action; and ( 3 ) file a petition for appeal. \n\n\n( f ) Good faith compliance with rule, regulation, or interpretation of Bureau or with interpretation or approval of duly authorized official or employee of Federal Reserve System No provision of this section, section 1607 ( b ) of this title, section 1607 ( c ) of this title, section 1607 ( e ) of this title, or section 1611 of this title imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Bureau to issue such interpretations or approvals under such procedures as the Bureau may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. \n\n\n- 15 U.S.C. 1635 ( a ) - ( g ), ( i ) ( 1 ) ( 3 ) ( 4 ) : Right to rescind based on inadequate or misleading disclosures under TILA, specifically as it pertains to the right of rescission. XXXX XXXX did not clearly or conspicuously detail anything under the ( TILA ) LAW. \n\n\n( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. \n( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. \n( c ) Rebuttable presumption of delivery of required disclosures Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms, and a statement is required to be given pursuant to this section does no more than create a rebuttable presumption of delivery thereof. \n( d ) Modification and waiver of rights The Bureau may, if it finds that such action is necessary in order to permit homeowners to meet bona fide personal financial emergencies, prescribe regulations authorizing the modification or waiver of any","date_sent_to_company":"2024-10-16T19:19:51.000Z","issue":"Problems at the end of the loan or lease","sub_product":"Loan","zip_code":"27405","tags":null,"has_narrative":true,"complaint_id":"10475822","timely":"Yes","company_response":"Closed with 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