Consumer complaint received 2021-08-12
Company: DISCOVER BANK
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Discover Card/XXXX XXXX is hereby given written notice that I am currently in contact with the XXXX XXXX XXXX XXXX  ( XXXX  ) and waiting for them to assigned me legal representation. Discover CardXXXX XXXX is to cease and desist any further action which would be consider detrimental and injurious to my consumer credit report and credit ( FICO ) score. The alleged perpetrator has accepted responsibility of the debt of the Discover CardXXXX XXXX credit card account ending in XXXX ( replacement ), previously known as XXXX ( reported fraud ). Discover Card/XXXX  XXXX recent offer dated XX/XX/XXXX and the circumstances involving my reported Identity Theft report should be reviewed by the Consumer Financial Protection Bureau ( CFPB ), Federal Deposit Insurance Corporation ( FDIC ), Department of Justice ( DOJ ) and Federal Trade Commission as it borders on planned extortion and bribery. 

Discover CardXXXX XXXX  I acknowledge receipt of your Charge-off notice dated XX/XX/XXXX. Received on XX/XX/XXXX via USPS delivery and understand that I must accepted your offer by XX/XX/XXXX or risk penalties. Your offer is pressuring me to make telephone contact, which I find difficult, providing me only two days notice. As stated previously I am hearing impaired and telephone conversations are difficult to understand especially more difficult in making binding financial agreements. Will Discover CardXXXX XXXX provide reasonable accommodations under the provisions of the Americans Disabilities Act in providing any settlement offers? In addition, your offer did not include a contract or any legal disclosures just asking for me to agree to something blindly. However, the Charge-off notice is effective after XXXX XXXX XXXX Are there any other offers or avenues to settle this issue? You are in control of other civil remedies prior to inflicting me to irreparable harm by damaging my consumer credit report for the seven years without providing me clear evidence of my alleged wrong. 

Whereas, if Discover CardXXXX XXXX firmly feels that I am still responsible for the Discover Credit Card account ending in XXXX, previously XXXX it is within your right to serve me with a civil tort court action or file a criminal complaint against me for theft. I have requested that you provide records that you have withheld since XX/XX/XXXX that would free me of responsibility. Taking aggressive, slanderous and punitive actions against me without providing civil due process is a very questionable business practice. The Charge-off action process without due process needs a thorough review by the Federal Trade Commission as I see the next process in the future of a class action lawsuit. 

It is to my understanding that if I accept your gracious and special but limited time savings opportunity of a reduce interest rate of 7.99 % for 12 months it would infer that I would be perjuring myself by assuming the debt and acknowledge that the Discover Credit Card ending in XXXX, previously XXXX had always belong to me. 
HOWEVER, IF I do not accept your gracious offer, the Charge-Off order a negative report would immediately be placed onto my Consumer Credit Report for the next Seven ( 7 ) Years holding my credit score ( FICO ) hostage with no civil remedies. The threating action of a Charge-off within two business days is extortion by the pressure of time limits. The promise of a reduce rate and cash payment of {$50.00} dollars is bribery for accepting fault. As to accept a deal with a promise of a financial award is to avoid a harmful act is holding a victim XXXX to your demands. In addition, Discover Card/XXXX XXXX did not provide a written contract proposal as I would need time to review as I can not accept a deal over the telephone. A complaint has been sent to the U.S. Department of Justice for their cursory review and oversight. 

As a Senior Citizen I am very frightened and feeling bullied by your actions. You are threatening my future well-being as your punitive actions of a Charge-off would adversely affect in my ability to live, find affordable housing, secure utilities, travel, medical care and treatments. Therefore, your Charge-off action would cause me irreparable harm for life without access to fair due process. 

Discover CardXXXX XXXX  is asking me to perjure myself and admit to ownership of the Discover Card Credit Card Account ending in XXXX, previously known as XXXX. Having reported being a victim of Identity Theft I have previously signed legal the several sworn affidavits including reports under penalty of perjury to the XXXX XXXX Sheriffs Office with the assigned Criminal Case No. : ****-****XXXX. I do not wish to perjure myself and give up my rights in any court action. Side Note : The Consumer Financial Protection Bureau ( CFPB ) and Federal Deposit Insurance Corporation ( FDIC ) should be aware and take punitive action against Discover CardXXXX XXXX  for their failure to acknowledge or cooperate in the XXXX criminal investigation. 

When reporting Identity Theft, I had also signed legal sworn affidavits to the Federal Trade Commission, California Attorney General, US Department of the Treasury et al. I have requested the assistance of other federal, state and local agencies to correct the questionable behavior of this and other lenders. Specifically, those who are not in compliance with regulations as set forth and described in the Fair Credit Reporting Act ( FCRA ).

In addition, Discover Card/XXXX XXXX had provided me with the Affidavit of Identity Theft Victim Information. I had honestly filled out and signed the Affidavit of Identity Theft on XX/XX/XXXX and returned same via fax and United States Postal Service registered mail. The affidavit discover Card/XXXX XXXX had provided stated basically the same as the FTC Identity Theft Report ; I declare under penalty of perjury that the information I have provided in this affidavit is true and correct to the best of my knowledge signed on XX/XX/XXXX. The affidavit also includes the following statement : I declare as a result of the event ( s ) described in this Affidavit, the following Discover Card account ( s ) was/were opened in my name without my knowledge, permission or authorization using my personal information or identifying documents : Account Number XXXX issued by Discover date of issue XXXX XXXX XXXX In addition, I did not authorize anyone to use my name or personal information to seek the money, credit, loans, goods or services described in this reportI did not receive any benefit, money, goods or services as a result of the events described in this report. 
I will not commit to perjury or accept your bribe. 
An inquiry was made at Discover at XXXX and no fax number was provided and a different address of XXXXXXXX XXXX XXXXXXXX, XXXX, AZ XXXX to submit a response.

Company response to consumer: Closed with explanation