Consumer complaint received 2023-10-04
Company: DISCOVER BANK
State: GA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Investigation took more than 30 days

Complaint:
I noticed an account on my credit reports from a company called Discover that I never had any business relationship with. 
Discover was attempting to collect on a an alleged debt in the amount of {$1100.00}. 
I have had my identity stolen and sent Discover a letter via certified mail XX/XX/ notifying them about this fraudulent account including a copy of my Identity Theft report asking them to please delete the fraudulent account from my credit reports. 
I also disputed this fraudulent Discover account with the credit bureaus. 
Discover however continued reporting this fraudulent Discover account with the credit bureaus. 
XX/XX/ I noticed Discover still reporting this fraudulent Discover account with the credit bureaus. 
I then sent Discover a DEBT VALIDATION LETTER via certified mail XX/XX/ requesting the agreement between Discover and myself and the original application for the account. 

Discover violated the FCRA 15 U.S.C. 1681g ( d ) by failing to provide the evidence requested after being notified about the identity theft.

FCRA 15 U.S.C. 1681g ( e ) states .... a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, Pursuant to the FDCPA 15 U.S.C. 1692g ( b ) Discover was required to cease collection efforts until the alleged debt was validated but failed to do so. 
Discover continued reporting the alleged debt to the credit bureaus in its attempts to collect on the alleged debt thereby violating the FDCPA 15 U.S.C. 1692g ( b ). 
I saw the fraudulent Discover account XX/XX/ on my credit reports. 

I then sent Discover a FAILURE TO RESPOND letter via certified mail XXXX XXXX XXXX 

Discover violated the FDCPA 15 U.S.C. 1692e ( 2 ) In its attempt to collect on an alleged debt by falsely representing the character, amount, or legal status of any debt.

Discover violated the FDCPA 15 U.S.C. 1692f In their attempts to collect on the alleged debt by collecting an amount that was not expressly authorized by an agreement creating the debt or permitted by law.

Discover violated the FDCPA 15 U.S.C. 1692g ( b ) by not ceasing collection efforts until the debt was validated. 
Case law is well settled that reporting an alleged debt to the credit reporting agencies is " an attempt to collect on a debt ''. 
Pursuant to the FDCPA 15 U.S.C. 1692g ( b ) Discover was required to cease collection efforts until the alleged debt was validated but failed to do so.

Discover continued reporting the alleged debt to the credit bureaus in its attempts to collect on the alleged debt thereby violating the FDCPA 15 U.S.C. 1692g ( b ).

Additionally, Discover FAILED TO RESPOND to the DEBT VALIDATION LETTER within 30 days causing me to send a FAILURE TO RESPOND letter via certified mail XXXX XXXX XXXX 

Discover violated the FCRA 15 U.S.C. 1681i by not validating the alleged debt within 30 days. 
I saw the fraudulent Discover account XXXX XXXX on my credit reports and it is still there as of this filing.

Company response to consumer: Closed with non-monetary relief