Consumer complaint received 2023-09-21
Company: DISCOVER BANK
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
In accordance with the Fair Credit Reporting Act ( FCRA ), 15 USC 1681, and other relevant statutory and regulatory provisions, I am writing to file a formal complaint against XXXX, XXXX, XXXX, and XXXX XXXX. 

According to the Fair Credit Reporting Act, 15 USC 1681 section 602 ( a ), there exists a need to ensure that consumer reporting agencies exercise their significant responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. XXXX, XXXX, and XXXX, as consumer reporting agencies, are subject to these responsibilities, and I am the consumer in question. As the consumer, I have the right to ensure that my private information is not shared, as reinforced by 15 USC 6801, which explicitly states that it is the policy of Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers ' nonpublic personal information. XXXX XXXX, as a financial institution by definition under this title, is also bound by this obligation. 

Furthermore, 15 USC 1681 section 604 ( a ) ( 2 ) states that " Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' It is essential to note that neither XXXX XXXX nor the consumer reporting agencies XXXX, XXXX, and XXXX have my consent to furnish this information, and they certainly do not possess my written consent. I hereby revoke any and all consent, whether verbal, non-verbal, written, implied, or otherwise, to XXXX, XXXX, XXXX, and XXXX XXXX. 

Moreover, 15 USC 6802 ( b ) ( c ) stipulates that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' XXXX XXXX never informed me of my right to exercise my nondisclosure option. 

Additionally, 15 USC 1681c ( a ) ( 5 ) clearly states that " Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' The account in question includes adverse items being reported without my permission, which is a clear violation of the law. 

Furthermore, 15 U.S. Code 1681s2 ( A ) ( 1 ) ( A ) specifies that " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. '' In addition, 15 U.S. Code 1681e mandates that " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. '' It is evident that XXXX, XXXX, and XXXX are not maintaining reasonable procedures. 

Furthermore, 12 CFR 1016.7 clearly states that " A consumer may exercise the right to opt out at any time. '' I am opting out of these reporting ( alleged ) services immediately. 

In light of the aforementioned violations of the FCRA, I request that the CFPB investigate this matter thoroughly and take appropriate action to rectify these violations. Any account information you require, such as account start date or account #, I am happy to provide. I look forward to a prompt resolution of this issue and request that you keep me informed of the progress of your investigation.

Company response to consumer: Closed with explanation