Carfax Inc

From: Vince L*** Date: Wed, Jan 7, at 10:AMSubject: RE: You have a new message from the Revdex.com of Metro Washington DC & Eastern Pennsylvania complaint #***.To: *** *** *** ***, Unfortunately, I cannot release the specifics of how this account was determined to be commercial because releasing those details would cause harm to our fraud prevention measures However, the complainant has signed up for several consumer accounts over the last eight years, and each time has provided information associated with known dealerships. All these accounts have been closed for commercial use, but the customer has not once contacted us since the first account was closed back in until last month, first through *** and now through the Revdex.com Among all the correspondence through *** and the Revdex.com, the complainant has not once denied that it was for commercial use. Best regards, Vince L***Manager, Product Support and Data EscalationsCARFAX, Inc

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Complaint: ***
I am rejecting this response because:
From: *** *** Date: Thu, Mar 26, at 6:PMSubject: RE: You have a new message from the Revdex.com of Metro Washington DC & Eastern Pennsylvania in regards to your complaint #***.To: "[email protected]" It doesn't mention clearly if there are UNLIMITED vin# checks.I have been using carfax everytime I buy a used car about times as last I can remember.UNLIMITED for past users were able to search UNLIMITED vin's I saw free carfax, which I assumed since it is unlimited carfax has added "5" extra searches to extend the duration It didn't mention ANYTHING of after vin searches you have to use license plate search PRIOR to paying the amount.This is a problem for me.If you have stated PRIOR to the payment that AFTER searches is made one will no longer be able to use vin # searchesit is a different story Very misleading and sort of deceiving in my opinion.If I cannot get refunded I will put a complaint to the Deptof Consumer Affairs next
Regards,
*** ***

On January 29, 2015, CARFAX verified with the Colerain Township police department that the vehicle is listed on police report number *** If the police department listed the vehicle on the police report in error, it must be corrected by the police department

The account was deactivated for commercial use, which is prohibited by the terms of the accountPer the Customer Agreement as read and accepted by the customer on the CARFAX order page, commercial use will deactivate the account and
disqualify it from refund eligibility

The customer will have to take that up with ***, as the product offerings through *** are dictated by ***, even though the customer is directed to a CARFAX website to setup the account For the inconvenience, I have extended the account until 12/22/(making it a day account) and I have added five VIN searches to the account A refund will not be issued because the account does not qualify for a refund

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Complaint: ***
I am rejecting this response because:Below this reply, you will find the customer agreement you referenced in your reply No where in this agreement is the word VIN found or the limitation of VIN runs You do find the statement "You acknowledge and agree that vehicle license plate and state information is needed to run each CARFAX Report under this Plan." This is buried deep in the customer agreement that CarFax is aware very few people read My expectation of the unlimited plan that is sold next to the single and VIN plan would be unlimited VIN's not run by license plate Again if you do a *** search for CARFAX UNLIMITED VIN SCAM, you will find dozens of people who were taken in by the same deceptive CarFax advertising In my opinion, CarFax is well aware of this fact and even after it has been brought to their attention multiple times (according to forums and postings on the Internet), they still do not care enough about their retail customers to do the right thing
Also, you will note that according to your below "Customer Agreement" when I signed up for this plan, the duration was to be days from the date of purchase When logging into my account now, I get the message:
Your CARFAX Report package expired on 11/22/ Please click below to purchase more CARFAX ReportsMy purchase date was 10/23/14, which gave me less than days of my days of service Here is the relevant Customer Agreement language related to the account being valid for days:
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If you purchased the Unlimited CARFAX reports package, you agree to pay a single charge in the amount set forth above for the Unlimited Reports (Private Seller Vehicles Only) plan ("Plan") plus applicable sales tax in the following states: CT, DC, HI, NJ, NM, NY, SC, SD, TX, WA and WV, according to your card issuer agreementYou acknowledge and agree that vehicle license plate and state information is needed to run each CARFAX Report under this PlanThis Plan is valid for days from the date of purchase, and during this period, you may run unlimited CARFAX Reports for your personal use only in connection with the purchase of a vehicle from a private party and/or the sale of a vehicle to a private party---
My request is for a full refund due again to CarFax not living up to the details of its own contract and canceling my account days after opening it, as well as the original complaint related to the deceptive advertising If we cannot reach an agreement, my next steps will be to approach CarFax on all of its relevant social media sites with details of this complaint to see if I can get some attention to the deceptive advertising and canceled account issues
*** ***
12/01/Customer Agreement:
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If you purchased the CARFAX Report Package or the CARFAX Report Package, you agree to pay a single charge in the amount set forth above plus applicable sales tax in the following states: CT, DC, HI, NJ, NM, NY, SC, SD, TX, WA and WV, according to my card issuer agreementThis CARFAX Report(s) Package is valid for days from the date of purchase If you purchased the Unlimited CARFAX reports package, you agree to pay a single charge in the amount set forth above for the Unlimited Reports (Private Seller Vehicles Only) plan ("Plan") plus applicable sales tax in the following states: CT, DC, HI, NJ, NM, NY, SC, SD, TX, WA and WV, according to your card issuer agreementYou acknowledge and agree that vehicle license plate and state information is needed to run each CARFAX Report under this PlanThis Plan is valid for days from the date of purchase, and during this period, you may run unlimited CARFAX Reports for your personal use only in connection with the purchase of a vehicle from a private party and/or the sale of a vehicle to a private party You acknowledge that you may only use CARFAX Reports for your personal useCommercial use, resale or redistribution of CARFAX Reports is strictly prohibited"Commercial Use" is defined as use by persons engaged in the business of researching, buying and/or selling of automobiles, the resale or redistribution of Reports, or any other business purpose as determined by CARFAX, Inc ANY COMMERCIAL USE OF CARFAX REPORTS IS STRICTLY PROHIBITED AND ANY SUSPECTED COMMERCIAL USE WILL LEAD TO THE SUSPENSION OF YOUR ACCOUNT, UNTIL YOU PROVIDE SUFFICIENT PROOF THAT YOUR USE IS PURELY PERSONALFAILURE TO DO SO PRIOR TO THE EXPIRATION OF YOUR ACCOUNT WILL RESULT IN THE DEACTIVATION OF YOUR ACCOUNT, WITHOUT REFUND, AND MAY RESULT IN LEGAL ACTIONPROOF OF PERSONAL USE MAY INCLUDE: DETAILING HOW YOU ARE USING THE CARFAX ACCOUNT AND SPECIFIC EXAMPLES OF THE SITES OR LOCATIONS WHERE YOU ARE FINDING THE VEHICLES THAT ARE BEING OFFERED FOR SALETHE DETERMINATION OF PERSONAL USE IS AT THE SOLE DISCRETION OF CARFAX, INCWE RESERVE THE RIGHT TO IMPOSE, AND YOU AGREE TO PAY TO CARFAX, INC., AN ADDITIONAL CHARGE OF $FOR EACH CARFAX VEHICLE HISTORY REPORT THAT CARFAX, INCDEEMS WAS ACCESSED FOR COMMERCIAL PURPOSES Systematic retrieval of CARFAX Reports to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of CARFAX is strictly prohibited CARFAX REPORTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW IN NO EVENT WILL CARFAX, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE CARFAX REPORTS, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF CARFAX REPORTSIN NO EVENT SHALL CARFAX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR OBTAINING ANY REPORTS OR OTHER INFORMATION FROM www.carfax.com You agree to defend, indemnify, and hold harmless CARFAX and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the CARFAX Reports This Customer Agreement, and any claim, controversy, or dispute arising under or related this Customer Agreement or the relationship between the parties and/or the interpretation and enforcement of the rights and duties of the parties will be resolved in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules, including but not limited to, the Uniform Computer Information Transactions Act ("UCITA")You hereby agree and consent that jurisdiction and venue for all matters relating to this Agreement shall be vested exclusively in the state courts in Fairfax County, Virginia, or the U.SDistrict Court for the Eastern District of Virginia, Alexandria Division, and waive any objection that may exist, now or in the future, with respect to any of the foregoing If you purchased the Plan and are not 100% satisfied, you qualify for a refund if:
• You have not, nor has any member of your household, received a refund from CARFAX within the last months;
• You have run two or less CARFAX Reports on your Plan account; and
• Your refund is requested within days of your date of purchase Notwithstanding the foregoing, a refund will not be provided if you have used the CARFAX Report or service for commercial purposes or otherwise violated the terms of use set forth in this Customer Agreement
Regards,
*** ***

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Complaint: ***
I am rejecting this response because: The service that this business provides creates 'fact' where there is fiction and does not take any responsibility for it In my case, I could resolve the issue, after many days with no communicationThe fictional data cost me $and business days, and the car I wanted to buy at the moment (very low inventory of the make/model I was interested in)
If the fictional data suggested that a vehicle was 'clean', but actually was not, a consumer trusted this data, only to find out later that the vehicle was/had been damaged; what responsibility does CarFax hold in this transaction? What role do they play in the marketplaceIf they can't guarantee or promise they are offering truth, they should not charge for their service, or they should compensate for hardship and loss due to inaccurate reporting of bad data
They should not be able to hide behind: 'it's too hard' If it's too hard, then stop putting a bad product out there
Regards,
*** ***

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responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:Where it says that you must run license plates to get the unlimited is extremely small It is deceptive advertising I would not have even purchased anything from carfax, I would have gotten the truly unlimited service from AutoCheck for The only reason I spent the extra money was because I believed I was getting unlimited Carfax reports I am not scamming or trying to get something for nothing I am a consumer who feels taken advantage of!
Here is how they advertise it (notice the font sizes are different...I copied and pasted from their site):
Unlimited CARFAX Reports
only $Unlimited Reports by U.SLicense Plate
Valid for Days
Even when you look at the "View Page Source html" it is listed as Reports for $ (Unlimited Reports by U.SLicense Plate) note they do not use the bracketsIt is intended to be misleadingI would bet a judge would say the same thing as well as a class action lawsuit!
Regards,
*** ***

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Complaint: ***
I am rejecting this response because:You did mention over the phone that CarFax gets many requests like this, and the consumers never win, "so don't bother trying to sue us, you won't win." Those are exact, if not closely-paraphrasing words that you DID sayThat is what I call giving "legal advice," which you claim you are not supposed to do, and that I didn't wantI asked for the contact information for CarFax's attorney/legal department - that's not asking for legal advice, that's asking where do I sent my legality complaint.I felt humiliated by this representative, and I felt like he wasn't taking me seriouslyI don't want to have to pay my attorney for a lawsuit - I'd like to take CarFax to small claims court, but I can't do that if I'm not given the legal department's contact information.
I'm pretty sure I have the right to know where to send my small claims court proposal without needing to hire an attorneyThe small print on the bottom of your webpage is not sufficient enough when compared to the larger text throughout the rest of the site, stating more attentive banners, such as:
"Every CARFAX Report contains important information that can impact your decision about a used vehicle through a detailed VIN # check."
This almost-hidden disclaimer should be a well-noted part of the reports flaws, not a small disclaimer listed at the bottom of the webpageThis advertising technique is called deceptive advertisingA thorough explanation of deceptive advertising can be educated through the Bureau of Consumer Protection, located here:
http://www.business.ftc.gov/documents/bus35-advertising-faqs-guide-small-busines...⇄ /> In this case, I've suffered a monetary loss due to the lack of information provided by CarFax - and I trusted their report.
Their famous advertising slogan "Show me the CarFax" is deceptive - because "showing me the CarFax" isn't simply enoughThe slogan should be, "Along with various other reports and inspections, show me what information CarFax has."I would like to take your company to small claims courtI do not want to be told I do not have a case - that's called giving legal advice - I would like to know where I sent my small claims court claimI would like a mailing address and an "Attention To."
Thank you
Regards,
*** ***

On March 4, 2014, CARFAX communicated to the customer that the Illinois DMV has issued a Not Actual Mileage branded title to this vehicle If this branded title was issued in error, it must be corrected by the issuing authority, the Illinois DMV

According to the contract the customer signed, the first month of service was free, and for each additional month the customer would be charged $each for the first CARFAX Reports and $for each CARFAX Report thereafter The monthly minimum is $ The complaint suggests
that the $is a monthly maximum fee, but this is not the case In June, the customer ran CARFAX Reports The first are billed for a total of $149.90, and the additional are billed at $each for a total of $1, The total amount due plus tax is $1,
In addition to the contract, the customer was also sent this information on May 6, and was explained to them again on July The customer was offered to be moved to an Unlimited CARFAX Reports plan for a monthly maximum of $349.00, but the customer declined
If the customer has any questions, they may consult the terms of their contract our contact Customer Care at ###-###-####

That response was for a different complaint This is the response for this complaint:
As I indicated in my previous response, the customer has sent
several emails and filled out a few Contact Us forms, but all of these have
been to the wrong department. The customer has not once completed the
Data Research Request form, which is required in order to initiate any
research. Instead of completing the form, he has continued to send
responses to the Revdex.com, which also cannot be used to initiate research. No
matter how many times he says he has sent emails and completed forms, the fact
remains that he has not completed the correct form, and therefore we cannot
research his dispute
We would be happy to research this for him, and all he needs to
do is complete the correct form, again located here: http://support.carfax.com/c_datarequest.
There is absolutely nothing we can do for him until the correct form is
completed

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Complaint: ***
I am rejecting this response because: Complaint: *** I am rejecting this response because: Carfax disregards expert letters and emails*** *** is not just an Adjuster but "Thee" Adjusted that worked with *** *** Collision to determine the damage and payment amount caused by their client who damaged our carAlso I have attached an email from *** *** and a separate request form his manager *** ***Both work for 21st Century Insurance (*** Insurance), both were heavily involved with the repair of our car and both requested that Carfax remove the Structural damage from the Carfax reportI have also attached an email and work order from *** *** Collision who actually performed the work on our *** Collision has also proved us with an email stating that "No Structural Damage Occurred or was repaired. All three experts are certainly qualified to state that structural damage did not occur with this minor fender bender accidentNot a single part was replaced yet Carfax refuses to remove that incorrect record from the report causing us thousands of dollars damages in diminished valueOn a final note the repair order that Carfax keeps basing their decision with the little "s" following laborIf you read the attached repair order provided by *** Collision you will see that line has a small "s" following extended price and not the Capital "S" that would follow LaborNeither symbol follows the Labor Column on line which would support their claim and I highlighted line and the legend on page 7. We have worked very hard with *** Insurance and my lawyers to get this matter corrected yet Carfax refuses to budge even though we have supplied more then enough supporting informationI have attached some of the letters submitted from my support sourcesThank YouRegards, *** ***
Regards,
*** ***

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Complaint: ***
I am rejecting this response because: Carfax has failed to reveal the SOURCE and SPECIFIC DAMAGE to my car as I have requestedCarfax continues to talk in circles regarding this claimAttached are statements made by Carfax stating the insurance company would not release information to them, however they maintain thier information is reported by the SOURCECarfax is asking me to provide information to them for information on the appraisalWhy is this? They claim to have the information from the SOURCE!
I refer to Carfax emails dated 8-21-2015, 9:18am and 8-21-2015, 12:32pm where they contradict their information I will through the Freedom of Information Act request ALL information regarding this matter that Carfax claims to haveI also plan to write to my Congressman and ask the Congresmans to investigate the arbitrary way in which they conduct their very questionable businessThe Revdex.com needs to take a more proactive role in maters such as this that affect the general public, not simply act as a messaging forwarding service
Regards,
*** ***

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Complaint: ***
I am rejecting this response because:Your product description on your website is incoherentWhen purchasing the product, I believed it to be Unlimited reports regardless of VIN or license plate reportsThe product description on the website does not specify a limit on VIN reports but is termed as Unlimited ReportsThinking that I was purchasing the unlimited reports, I did not read the receipt or your return policy as I intended on keeping the product and using the unlimited reportsI only found out about your vin limit after HITTING THE LIMITIf you would look into consumer reports on multiple websites, you can clearly see that so many users experience this same issue and confusionThis has been going on for years now and CARFAX has been disregarding all complaints and has not changed their wording in their product placementLet me state this again, had I known there was a limit prior to purchase, I would never have purchased the productWhat CARFAX has been doing repeatedly for years is intolerable and unethicalI believe the Revdex.com should look into this case.Here are multiple reports of people having the same issue.***
***
Regards,
*** ***

***,
In response to complaint ***, CARFAX can offer to add the repair order record to the CARFAX Report to show that the vehicle was repaired and to show the actual extent of damage to the vehicle. If the customer will provide the repair order from the body shop or insurance company, we will review it and add what details we can. We will then provide a copy of the CARFAX Report to the customer
Thanks,
*** ***
Manager, Product Support and Data Escalations
CARFAX, Inc

A vehicle owner is not required to make a purchase with CARFAX in order to dispute a record reported to CARFAX The complainant contacted CARFAX through a call center dedicate to those dealerships which do have memberships with CARFAX, and thus was in the wrong place The complainant did
submit the proper Data Research Request form on the CARFAX Help Center, but provided an invalid VIN and was informed to resubmit the research form on July 8, The complainant then provided a completed research request form for the correct VIN and CARFAX began its research On July 14, 2014, CARFAX notified the complainant that it concluded its research verifying that the vehicle was declared a total loss by the insurance company and was retained by the owner of the vehicle, and, thus, the total loss will remain on the CARFAX Vehicle History Report

I believe they were all reported by the Colerain Township PD

The complaint to the Revdex.com is not "when the customer first contacted CARFAX." However, I am happy to report that the customer did complete the refund form at 3:PM yesterday, and the refund was issued at 3:PM the same day The customer should have received our confirmation email
It is factual, not misleading, that a CARFAX Report "may confirm a clean title history or uncover potential problems." Many vehicles have a clean history and a CARFAX Report can help confirm that Many vehicles have potential problems and a CARFAX Report can help confirm that It is not misleading for CARFAX to state this because it is completely true Reviewing the provided screenshots, it is also completely factual that a CARFAX Report can help answer those questions which consumers should be asking: Was the car in a reported accident? Has the mileage been tampered with? To ask these question does not, in any way, suggest that the vehicle was in an accident or had odometer problems Every consumer should be asking these questions and no vehicle expert or consumer advocate will say otherwise It is not misleadingI am sorry that the customer did not receive our email response Whether it was labeled as spam by the email service, inadvertently deleted by the customer, or the subject of some other internet hiccup is beyond our control I have, again, included a copy of the email below:
(6/2/8:AM)Hello, We apologize for any misunderstanding caused by our free Record CheckThe Record Check reports how many vehicle history records we have in our database for the VIN in questionThe key thing to remember is that this is a number of historical events of all types and are not necessarily problem listings. Thank you, *** Consumer Affairs

CARFAX researched the customer's dispute and verified that the vehicle is listed on a police report CARFAX emailed the following details to the customer on 7/14/The accident was
reported to CARFAX by the *** Police DepartmentAccording to the police report, *** *** was driving your vehicle when another vehicle hit it in left frontThis accident occurred on the *** block of *** *** and there was very minor damage found to the left front of your vehicle. I understand that you believe the accident record to be incorrect and I am happy to further research this for you! To do so, the police report will need to be amended to show that your vehicle was not involved in this incident. The police report is on file with the Texas Department of Transportation, *** Police DepartmentI'm sorry, I do not have a report number to provide to you. After the police report is amended, please email me a copy or fax it to ###-###-#### with reference to ***. I do apologize that we cannot make any changes to the CARFAX Report until you have the police report amended