Consumer complaint received 2020-04-03
Company: DISCOVER BANK
State: IL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Old information reappears or never goes away

Complaint:
This is a request as authorized by the FCRA 611 Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] This request is regarding the account listed below : XXXX XXXX This account has previously been reported on my credit file and was subsequently deleted after the item was disputed and could not be verified. On XXXX XXXX. I requested a copy of my credit report under my rights through the FACTA act. This item was not contained in my credit file on that date. On XXXX XXXX, after being denied credit for a home student based upon negative information being reported through XXXX  and XXXX. I requested a second copy of my credit report under my rights to review my credit report after denial of credit. The account in question suddenly reappeared on the report dated XX/XX/2020. I immediately completed an online dispute for this account. In response to this dispute you sent me a letter dated XX/XX/2020 ( with confirmation number XXXX ). In this letter it stated that my investigation was completed and that you verified that this item belongs to me. 

I have two problems with the way reporting on this account has been handled by XXXX. First, according to my XX/XX/XXXX credit report, this item was reported in XXXX. Even giving you a very generous assumption that this item was reported to you on XXXX XXXX. I find it very difficult to believe that " additional information regarding this item '' sufficient enough to prove this is my account could have been provided to you by XX/XX/XXXX, only one day after the account was re-reported to you. Furthermore, I find it very odd that you're letter " verifying this account '' predates my dispute of this account. Additionally, you are in violation of FCRA 611 Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] for your failure to notify me in a timely manner of this tradeline being reinserted into my credit file. 

In accordance with the requirements of the FCRA as shown below, I am hereby requesting your complete compliance with any and all of the provisions as follows : 611. Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] ( : blink : ( i ) Certification of accuracy of information. If any information is deleted from a consumer 's file pursuant to subparagraph ( A ), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate. 

Please furnish me with copies of any and all such certification. 

( ii ) If any information that has been deleted from a consumer 's file pursuant to subparagraph ( A ) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency. 

I received no such notification. This is a serious violation of the FCRA, and I reserve the right to pursue further action. 

( iii ) Additional information. As part of, or in addition to, the notice under clause ( ii ), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion ( I ) a statement that the disputed information has been reinserted ; ( II ) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information ; and ( III ) a notice that the consumer has the right to add a statement to the consumer 's file disputing the accuracy or completeness of the disputed information. 

Please furnish me with the required statements and data. 

Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer 's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph and a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available ; Please furnish me with a full description of the procedures used to determine the accuracy of the information. 

( 7 ) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph ( 6 ) ( ( iii ) by not later than 15 days after receiving a request from the consumer for that description. 

In accordance with the above requirements of the FCRA, please furnish me with all requested material within 15 days.

Company response to consumer: Closed with explanation