Consumer complaint received 2020-11-24
Company: DISCOVER BANK
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
LEGAL PROCESS ON COLLECTIONS The Discover Card that shows on my credit bureaus has never belonged to me, I demand full documentation as I have always had excellent credit history, and suddenly I have a charge show up on my credit for nearly {$8000.00}. This is a phantom dent that simply has no connection to me. This account needs to be deleted permanently!!! 

I state on record with the Consumer Financial Protection Bureau that any transfer of debt ownership without proper true copy originality to prove ownership transfer, is hereby deemed a PHAMTOM DEBT. Any issuance of a collection against my personal history is therefore illegal where there is no standing in the jurisdictional courts of my domicile. 

Many illegal collection actions have been brought against collection agencies by the United States of America on behalf of the Federal Trade Commission. The Commission is an independent agency of the United States government given statutory authority and responsibility by the FTC Act, 15 U.S.C. 41-58. The Commission is charged, inter alia, with enforcing Section 5 ( a ) of the FTC Act, 15 U.S.C. 45 ( a ), which prohibits unfair or deceptive acts or practices in or affecting commerce ; the FDCPA, 15 U.S.C., 1692-1692p, which imposes duties upon debt collectors ; and the FCRA, 15, U.S.C. 1681-1681x, which imposes duties upon consumer reporting agencies and those who furnish information to a consumer reporting agency or use information obtained from a consumer reporting agency. 
Please be advised that I have a serious disagreement with information that remains on my personal credit profile, and most this dispute comes from the Fair Debt Collection Practices Act, otherwise known as Public Law 109-351 ( FDCPA 15 U.S.C. Sections 1692 ).

Pursuant to my rights under the Fair Debt Collection Practices Act, I request all the following items be forwarded to me within ten business days from your receipt of this dispute letter : I request a copy of any signed document of service pertaining to the above referenced debt service in which the obligation occurred. 
I request notice of where any original signed contract or service agreement is located, of the person or persons responsible for the maintenance of any or all original documents, the contact phone numbers of said person ( s ), and the proper time of day during the week in which these individual ( s ) can be contacted. 
Any false representations or deceptions pertaining to the validation process as mandated by the Fair Debt Collection Practices Act ( FDCPA ) and all federal and state court decisions applicable to the enforcement of the FDCPA will be reported to the Attorney Generals Office of my home state. 
Pursuant to Section 809 of the FDCPA, I request a copy of any 30-day notice of debt that must be sent to an alleged debtor to validate a debt. Only notices sent by certified mail will be accepted for a Mini-Miranda notice of debt service or an attempt to collect a debt. Notification by regular mail delivery of an alleged debt can be successfully disputed in any state court as verification of service is mandatory. 
I request copies of any license or bonding that may be applicable to the above referenced ( creditor, servicer or collection agency ) to operate within the state I reside to procure debts of any nature.

The Federal legal definition of the term debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of a transaction are primarily for personal, family, or household purposes, whether such obligation has been reduced to judgment. However, all states have their own laws pertaining not only to what construes a debt and have very stringent guidelines as to how such debts were procured in original form, how they were assigned to either a servicer, another business or collection agency, or if such an assignment was handed to a properly licensed and/or bonded establishment under requirements of the General Law of said state. 
I therefore dispute the posted collection and demand full true copy originality of ownership or assignment of collection responsibility. If validation is not connected, then the collection must be removed permanently. All FTC guidelines will be applied in my validation dispute. 
DELETE ALL REFERENCES TO THIS AGENCY POSTED ON ANY PERTINENT CREDIT REPORT!!! 
XXXX XXXX

Company response to consumer: Closed with non-monetary relief