Consumer complaint received 2023-02-08
Company: DISCOVER BANK
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
According to the Fair Credit Reporting Act ( FCRA ), 15 USC 1681 section 602 ( a ) states " there is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. XXXX, XXXXXXXX XXXX XXXX are credit agencies and I am the Consumer. It is my lawful right to make sure my information is kept private and is not shared. 15 USC 6801, which states " It is the policy of the 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, '' supports my claim. DISCOVER STUDENT LOANS, XXXX XXXX, and DEPTOF EDXXXX are financial institutions by definition under this title. 15 USC 1681 section 604 ( a ) section 2 states " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer repot under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates ''. The financial institutions, DISCOVER STUDENT LOANS, XXXX XXXX, and DEPTOF ED/XXXX along with the consumer reporting agencies, XXXX, XXXX, and XXXX, did not and do no have my consent to furnish this information nor did they have or do they have my written consent. Any and all consent to XXXX, XXXX, XXXX, DISCOVER STUDENT LOANS, XXXX XXXX, and DEPTOF EDXXXX, whether it be written, implied, verbal, nonverbal or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " a financial institution may not disclose nonpublic information personal information to a nonaffiliated third party unless -- - the consumer is given an explanation of how the consumer can exercise that nondisclosure option. DISCOVER STUDENT LOANS, XXXX XXXX, and DEPTOF EDXXXX never informed me of my lawful right to exercise my nondisclosure option. Along with that, 15 USC 1681C ( a ) ( 5 ) states " except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of he 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. '' These accounts are adverse items they are reporting again without my permission which is against the law. On top of this, 20 USC 1232g ( b ), which is The Family Educational Rights and Privacy Act ( FERPA ), is a federal law enacted in 1974 that protects the privacy of student education records. DISCOVER STUDENT LOANS, XXXX XXXX, and DEPTOF EDXXXX violated this law by sharing my educational records with credit reporting agencies. 5 USC 552 ( a ) ( b ), which is the Privacy Act of 1974, states " No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of the individual to whom the record pertains ''. Again, these financial institutions and credit reporting agencies did not and do not have my written consent. 15 USC 1681s-2 ( A ) ( 1 ) states " 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 ''. 15 USC 1681e states " 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. XXXX, XXXX, and XXXX are not maintaining reasonable procedures. 12 CFR 1016.7 states " a consumer may exercise the right to opt out at any time ''. I am opting out of these reporting services.

Company response to consumer: Closed with explanation