Feb 12, 2019
On Febraury 12, 2019, Judge Paul Maloney denied a motion to dismiss filed by Todd Wenzel Buick GMC, Inc. (“Todd Wenzel Buick”) Lyngklip & Associates filed a complaint on behalf of their client Shawanna Rapier alleging that Todd Wenzel Buick had denied her credit. Following that denial, Todd Wenzel Buick sent a notice of adverse action, informing her that she could write and ask for the reasons why she had been denied credit. In response, Todd Wenzel Buick wrote back, informing her that her application was not completed by her, but failed to specify how the application was incomplete. Ms. Rapier charged in her complaint that Todd Wenzel Buick had failed to provide her with the information necessary to complete the application.
Todd Wenzel Buick had asked Judge Maloney to dismiss the case, claiming that the notice was in compliance with the law. Judge Maloney disagreed,
However, a creditor must also explain what information was incomplete in the application and provide the applicant a reasonable amount of time to cure the incomplete information. See 12 C.F.R. 1002.9(c)(2) (“If additional information is needed from an applicant, the creditor shall send a written notice to the applicant specifying the information needed, designating a reasonable period of time for the applicant to provide the information, and informing the applicant that failure to provide the information requested will result in no further consideration being given to the application.”).
Opinion dated February 12, 2019. Judge Maloney’s Opinion confirms that consumers are entitled to know that a creditor deems their application to be incomplete, as well as what information is missing. This crucial information provides the consumer with the tools needed to obtain credit which they qualify for.
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If you have been denied credit, but not received a letter stating why, call Lyngklip & Associates for a free consultation. (248) 208-8864.