Consumer complaint received 2023-01-25
Company: DISCOVER BANK
State: OH
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Card was charged for something you did not purchase with the card

Complaint:
Hello, On XX/XX/XXXX, I submitted a complaint through the CFPB, case XXXX. On this I attached a sworn affidavit and a complete list of all disputed transaction which have occured on my account. I also included information stating that my XXXX account was taken over by a child I was babysitting and used my card to make unauthorized purchases through XXXX. The original complaint ( Complaint ) with its original attachments, transactions disputed ( XXXX XXXX ) and sworn affidavit ( Report ) are attached. 

On XX/XX/XXXX, I received a call from the Fraud team at Discover which I confirmed the disputed charges as all charges from XXXX on the account and explained the situation to them. See attached file named " Call XX/XX/XXXX '' for a recording of this call. 

By XX/XX/XXXX upon returning home, I received a letter in the mail from Discover. This letter was an acknowledgement letter for some charges on my account up to XXXX but was missing the majority of the disputed charges. I called Discover at the number provided on the letter to explain that there were multiple missed charges from my dispute. I also explained that the affidavit and acknowledgment letter were not correct and was missing information. I inquired about the list of charges and affidavit I had already supplied via complaint XXXX. The agent stated the company " never received '' these documents, I asked if it was alright to resend this information instead of completing the inaccurate affidavit and I was advised yes. The call is attached see " Call XXXX ''. The letter received is also attached see " XXXX XXXX '' files. 

This letter was mailed out to the address on the letters received directly from Discover via XXXX XXXX Mail. XXXX XXXX number XXXX shows delivered XX/XX/XXXX at XXXX XXXX XXXX, UT XXXX without redirect. XXXX information ( XXXX ) and the letter itself ( XXXX ) is attached. 

On XX/XX/XXXX, Discover mailed out a letter advising the dispute was denied. There were no denial reasons listed and no documents to support their investigation were enclosed. See attached file named " XXXX XXXX ''. 

On XX/XX/XXXX, Discover attempted to contact me regarding the rebill but this call was missed and the voicemail wasn't listened to until XX/XX/XXXX. 

On XX/XX/XXXX, I received the letter sent on XX/XX/XXXX. I called the number provided on the letter and spoke with the agent who worked my case. This agent advised the dispute was denied for various reasons. These reasons were payments made while disputed charges were on the balance without questioning the balance, there was continued use of the card during which the fraud occured, the app is accessed regularly to respond to alerts, and transactions were viewed without dispute. 

1. As I advised in my original dispute with a sworn affidavit, I still had my card. My card was compromised via my XXXX account. As I still had my card I was still using my card and thus still making payments. I was not aware of the unauthorized charges at this time. Thus the denial reasons for making payments and continued use of the card are not valid and do not prove I made the purchases. 
2. As I advised in my original dispute with a sworn affidavit, I was unable to closely monitor my account due to medical issues. Once I saw the unauthorized charges- which is when they state I viewed transactions without dispute ; however, this is exactly when I disputed the charges. The only time I viewed these transactions was when I was compiling information to dispute the charges. Thus the denial reason for viewing transactions without dispute is not valid and does not prove I made the purchases. 
3. My cards were compromised through my XXXX account. I still had access to the app as did the individual who I was babysitting as I was babysitting in my house. This is exactly how the XXXX account was compromised. On top of this, I still used the app to make payments on my account because I still had access to the card. Thus the denial reason for continued use of the app is not valid. 

I explained this to the agent on XX/XX/XXXX and they stated they would redispute the items but it XXXX not change. I then requested for all the documentation used to decision my case- to which the agent stated to go to discover.com/fraud/faqs which is not what I requested and does not remedy the issue. This address provided by the agent also is not a valid address. I asked again for the documentation and the agent stated they would put me on hold for a supervisor without me asking for a supervisor. The agent returned and stated they have placed a call back request ( I have not received a call back ) for a supervisor when available. I stated I XXXX miss the call, and I began to ask for confirmation about the redispute when the agent hung up the call. See attached file " XXXX XXXX '' for the recording of this. The letter received is also attached see files XXXX XXXX. 

Discover is in direct violation of multiple federal laws and regulations with this abuse. 
1. The charges originally disputed on XX/XX/XXXX were not addressed despite me provided a full list of charges and sworn affidavit. These charges have not been addressed to this date, the few charges that were have been rebilled. This is in direct violation of the XXXX which states the issuer must acknowledge the dispute within 30 days and come to resolution by 60 days. 
2. During this time in which the disputed charges were ignored by Discover, I was still subject to making payments on the disputed charges. See attached statement named " XXXX ''. This is in direct violation of the XXXX which states financial institutions can not collect on disputed balances. 
XXXX. By both missing the disputed charges as well as denying the unauthorized charges for invalid reasons, the company is in violation of the FCRA as the reporting balance and payments due reported to the credit reporting agencies are inaccurate.

4. By advertising " {$0.00} Fraud Liability '' stating the cardholder will " never '' by responsible for unauthorized purchases without clarifying disclosures, Discover is in direct violation of XXXX as this is deceptive and not true as they have rebilled my account in error without sufficient evidence. See attached imagines " Disclosure1 '' and " Disclosure2 '' received directly from discover.com/credit-cards/card-smarts/credit-card-fraud-faqs.

5. The agent I spoke with which represents Discover on XX/XX/XXXX violated XXXX as well by creating circumstances that I can not reasonably control or avoid in regards to disputing my charges and requesting documents used to decision the case which itself is a violation of the XXXX - banks are required to provide this documentation. 
6. By not performing a reasonable investigation Discover is in violation of the XXXX. 

I have done more than enough to communicate with Discover on what charges were disputed and how my card got compromised. I have taken steps to prevent this in the future by shutting down the compromised XXXX account used as well as changing my e-mail address as it had become compromised as well. Discover has at multiple points in this interaction disregarded information provided to them and have resorted to abusive practices to avoid having to correct the issue they caused. 

If the issue is not rectified regulatory commissions and the attorney general will be notified.

Company response to consumer: Closed with non-monetary relief