Consumer complaint received 2018-05-06
Company: DISCOVER BANK
State: NE
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
In XX/XX/XXXX ; consumer received a Discover Cancellation of Debt ( IRS ) form XXXX verifying the decision from Discover to discontinue collection of a time-barred credit card closed on XX/XX/XXXX. Box ( G ) was checked on Discover IRS form XXXX Identifiable event Code : ( G ) constitutes : - Decision or policy to discontinue collection. As a courtesy, consumer sent Discover a  copy of a letter from the IRS verifying insolvency and acknowledgment of Cancellation of Debt as well. Instead of accepting the gesture and discontinuing correspondence with consumer, Discover sent consumer a letter stating that Discover had taken the liberty of notifying all 3 credit reporting entities ( XXXX, XXXX and XXXX ) of a dispute regarding consumers Discover card ending in XXXX. This gesture on the part of Discover constitutes false reporting and a violation of the Fair Credit Reporting Act ( FCRA ) which is governed under the Fair Debt Collection Practices Act ( FDCPA ) with the Federal Trades Commission ( FTC ). Notifying the credit reporting entities of a false dispute re-ages a debt and opens consumer up to debt collection scrutiny that creates undue harm, duress and will result in monetary damages from Discover. 
On XX/XX/XXXX ; consumer filed a complaint with the Consumer Financial Protection Bureau ( CFPB ) ( # : XXXX ) regarding the violation of the Fair Credit Reporting Act ( FCRA ) levied by representatives of Discover Card. All communication regarding the complaint is to be routed through the Consumer Financial Protection Bureau ( CFPB ) portal. At no time is consumer interested in one on one communication ( or correspondence ) with Discover representatives regarding this matter as previous written correspondence attempts ( XX/XX/XXXX letter ) have failed. 
On XX/XX/XXXX ; consumer received an email from XXXX XXXX, Executive Office of Customer Advocacy ( with Discover ) that was sent to consumers private email domain outside the confines of the Consumer Financial Protection Bureau ( CFPB ) complaint process. At no time, did consumer give XXXX XXXX permission to access consumers personal/private email regardless of it being included in the complaint information. At no time, did consumer indicate consumer was interested ( or willing ) to communicate with XXXX XXXX XXXX outside the confines of the CFPB complaint portal. XXXX XXXX adopted her own agenda and took the liberty of contacting consumers private email domain without prior authorization permission or knowledge from consumer. XXXX XXXX attempt to side-step the confines of the CFPB complaint portal and interfere with consumers right to due process is a violation of law. XXXX XXXX attempt to steer the investigative process away from the jurisdiction of a governmental agency assigned to protect the rights of consumers who wish to pursue equal justice is incomprehensible. XXXX XXXX actions are indicative of unauthorized access of consumers electronic mail which constitutes invasion of privacy and is a federal crime. At no time, is it acceptable to misrepresent intentions or mislead a consumer away from the protected services ( and portals ) of a governmental entity designed to mediate, document and resolve disputed issues of validity. The purpose of informing the CFPB of this discrepancy on the part of Discover is to provide evidence to a Federal Court judge if Discover chooses to continue steering the investigative process of the CFPB ; and deny consumer due process of law. Consumer is merely asking for an adjustment to consumers credit report ( all ( 3 ) credit reporting entities ) by removing a dispute notification that Discover falsely reported in the first place. Consumers request is a viable request and a minor adjustment for Discover. If Discover would rather end up in the courtroom of a federal judge explaining how this matter could have been resolved amicably ( and with little effort ) rather than waste his/her valuable time, then so be it! Consumer will pursue consumers rights to the fullest extent of the law. Consumer thanks CFPB for providing this venue of mediation and documentation. It is greatly appreciated! 

Attached email from XXXX XXXX, Executive Office of Customer Advocacy Discover. XXXX XXXX was not authorized to contact consumer via consumers personal electronic mail. 

Executive Office of Discover Financial Services XXXX Subject : Your inquiry to Discover Date : XX/XX/XXXX XXXX XXXX To : XXXX Dear XXXX XXXX XXXX, Thank you for your recent correspondence to the Consumer Financial Protection Bureau. To ensure the concerns are properly addressed, your correspondence has been forwarded to my attention at the Executive Office of Customer Advocacy within Discover. 
I am currently in the process of investigating your concerns. A detailed response will be sent to you upon completion of my investigation. 
If you have any questions or would like to provide additional information, please feel free to contact me at ( XXXX ) XXXX. I am typically available weekdays from XXXXXXXX XXXX to XXXXXXXX XXXX, ET. 
Sincerely, XXXX XXXX Executive Office of Customer Advocacy Discover Protection under the United States constitution The Fourth Amendment to the United States Constitution provides that [ T ] he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. This Amendment guarantees the privacy, dignity, and security of persons against certain arbitrary and invasive acts by officers of the government or those acting at their direction. The Fourth Amendment is often invoked to protect individual privacy rights against government activities.

Company response to consumer: Closed with non-monetary relief