Consumer complaint received 2023-10-09
Company: DISCOVER BANK
State: IN
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I noticed an account on my credit reports from a company called DISCOVER BANK that I never had any business relationship with. DISCOVER BANK was attempting to collect on a an alleged debt in the amount of {$2300.00}. I have had my identity stolen and sent DISCOVER BANK a letter via certified mail XX/XX/2023 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 BANK account with the credit bureaus. DISCOVER BANK however continued reporting this fraudulent DISCOVER BANK account with the credit bureaus. XX/XX/2023 I noticed DISCOVER BANK still reporting this fraudulent DISCOVER BANK account with the credit bureaus. I then sent DISCOVER BANK a DEBT VALIDATION LETTER via certified mail XX/XX/2023 requesting the agreement between DISCOVER BANK and myself and the original application for the account. DISCOVER BANK 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 BANK was required to cease collection efforts until the alleged debt was validated but failed to do so. DISCOVER BANK 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 BANK account XXXX, XXXX and XX/XX/2023 on my credit reports. I then sent DISCOVER BANK a FAILURE TO RESPOND letter via certified mail XX/XX/2023. DISCOVER BANK 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 BANK 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 BANK 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 BANK was required to cease collection efforts until the alleged debt was validated but failed to do so. DISCOVER BANK 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 BANK FAILED TO RESPOND to the DEBT VALIDATION LETTER within 30 days causing me to send a FAILURE TO RESPOND letter via certified mail XX/XX/2023. DISCOVER BANK violated the FCRA 15 U.S.C. 1681i by not validating the alleged debt within 30 days. I saw the fraudulent DISCOVER BANK account XX/XX/2023 on my credit reports and it is still there as of this filing.

Company response to consumer: Closed with non-monetary relief