Consumer complaint received 2023-09-02
Company: DISCOVER BANK
State: FL
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:
PART 1 ( part 2 has been sent ) [ DISCOVER ], In the intricate dance of consumer rights, the onus to safeguard privacy and data integrity rests upon entities such as yours, entrusted with the sanctity of consumer information. Today, I present to you an orchestrated symphony that interweaves the legal tapestries of the Fair Credit Reporting Act ( FCRA ), the guidance of the Consumer Financial Protection Bureau ( CFPB ), and the resolute voice of an informed consumer. 1. Ethical Restoration vs. XXXX XXXX : A moment of profound significance stands before you, a juncture where the ethical restoration of consumer rights converges with the threat of legal pursuit. Choosing the former offers mutual benefit, while disregarding this juncture heralds a formidable legal challenge. 2. Acknowledgment of Alleged Debt : I wish to underscore that I am cognizant of the alleged debt that lingers in the annals of your records. However, my primary concern doesn't revolve around the existence of this debt ; it pertains to the many myriad ways in which your agency has violated the core tenets of my rights as a consumer. 3. Violation of Privacy and Consumer Rights : My consumer rights, akin to the threads weaving the fabric of democracy, have been egregiously violated by your actions. The sanctity of privacy, a cornerstone of consumer protection laws, has been disregarded. You have surfaced actions leveraging my personal and financial information for purposes beyond the scope of permissible usage, an act that reeks horribly of intrusion and transgresses ethical boundaries. 4. An Oath Betrayed : The very essence of your agency 's existence is rooted in the promise to uphold the sanctity of consumer information and privacy. Yet, the actions betray this oath, painting a harrowing picture of an entity that has strayed from its intended path. It is my undeniable right, as a consumer, to have my sensitive information guarded zealously, a promise you have failed to fulfill. 5. The Irrevocable Nature of TrusXXXX : XXXX is an intangible yet invaluable currency that forms the bedrock of any consumer-business relationship. Your agency 's actions, replete with disregard for my privacy and consumer rights, have irreversibly eroded this trust. The breach in this trust transcends the confines of financial matters, touching upon the very principles that underpin ethical business conduct. XXXX. The XXXX Footprints of Your Actions : The weight of your agency 's actions reverberates far beyond the confines of financial transgressions. It has ventured into the completed realm of privacy invasion, wherein my sensitive data has been mishandled and manipulated without proper consent or legal authority raising many alarms. The repercussions of such actions echo loudly in the corridors of my consumer rights, rights that are non-negotiable and legally protected. 
XXXX. A XXXX for XXXX : In light of these transgressions, I implore you to extricate the alleged debt from my consumer report promptly. This is not a mere request ; it is a demand steeped in the principles of consumer protection laws. By law and by right, I reserve the authority to bar your agency and its affiliates from reporting any information on my consumer report ever again from the moment this letter is received. This is not an option ; it is an inherent right that no entity can deny. XXXX. A XXXX to XXXX XXXX Rights : Your decision at this XXXX is pivotal, for it speaks volumes about your commitment to ethical conduct and consumer protection. The rectification I demand is not a mere formality ; it is a testament to your agency 's willingness to mend the breaches and violations it has caused. Your recent correspondence dated [ XX/XX/XXXX ] arrived at my attention, outlining the status of my alleged debt with your institution. Specifically, the correspondence dated [ XX/XX/XXXX ] pertained to the account charged off on XX/XX/XXXX, with a balance of {$2000.00}. Reporting on my consumer report. It has come to my attention that subsequent to the account charge-off, my information was disclosed to several external entities for further collection efforts. Notably, the account was entrusted to XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX. I was never disclosed of this matter. It was brought to my attention. This transference of my sensitive information is a clear violation of my consumer privacy rights. It is extremely imperative that my data remains confidential and not subject to unauthorized dissemination. By engaging in such actions, your institution has breached both the Fair Credit Reporting Act ( FCRA ) and the Consumer Financial Protection Bureau 's ( CFPB ) regulations governing the confidentiality of my consumer data. Furthermore, the decision to label the account as 'disputed ' upon my raising concerns is not only inadequate but also in direct violation of my rights. The erroneous representation of my dispute status to credit reporting agencies is a transgression against the regulations outlined in the FCRA, specifically XXXX XXXX XXXX XXXX. The XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX, and XXXX are entrusted platforms for the dissemination of accurate consumer data. Your institution 's engagement in reporting disputed status without due cause infringes upon my consumer rights and has inflicted damages upon my financial well-being. By continuing to report this disputed status without proper substantiation, you have not only perpetuated inaccuracies but also engaged in a form of harassment and abuse under the FDCPA. This violates 15 U.S. Code 1692e ( 8 ), wherein false representations or implications of the character, amount, or legal status of any debt are deemed as abusive and deceptive practices. I insist upon the immediate rectification of these violations by : 1. Ceasing any further reporting of the disputed status to the credit reporting agencies listed above.

2. Removing the disputed notation from my credit reports as expeditiously as possible. 
This juncture presents an opportunity for your institution to uphold ethical conduct, restore my rights, and align with the CFPB 's principles of consumer protection. Failure to comply with my demands immediately from receiving this information. I will render your institution liable for each violation committed against me and my consumer rights, especially the violations that are are in direct conflict with my valuable privacy which will be pursued in accordance with the remedies stipulated in the FDCPA and FCRA. XXXX Access to Personal Information : By collecting and verifying sensitive personal information without obtaining written consent or providing proper disclosure, you have violated the principles outlined in XXXX XXXX XXXX XXXX XXXX XXXX to Provide Clear Disclosure : Your failure to provide comprehensive and transparent disclosure of the information you obtained and reported, as required by XXXX XXXX XXXX XXXX, XXXX a breach of your obligations. XXXX. XXXX and XXXX Violations : Neglecting to maintain accurate and up-to-date information about the alleged account, in direct contravention of XXXX XXXX XXXX XXXX, has led to inaccuracies that undermine the integrity of the reported data. 
XXXX. Unauthorized Credit Report XXXX : By accessing and reporting on my credit reports without a written permissible purpose, you have directly violated XXXX XXXX XXXX XXXX, which stipulates the circumstances under which such access is lawful. XXXX to Update XXXX Accounts : Your failure to update the accounts status after verification, as required by XXXX XXXX XXXX XXXX, demonstrates a disregard for your responsibilities in the debt collection process. Furthermore, I must highlight a concerning breach of my privacy that has occurred due to the actions of XXXX from the XXXX XXXX XXXX XXXX XXXX. Her referral of my account to a debt collector without my explicit consent is a huge violation of my consumer rights and my right to privacy. This unauthorized sharing of my personal and financial information further compounds the violations that have already taken place. It is essential to emphasize that XXXX or any XXXX XXXX XXXX XXXX XXXX, do not possess any legal authority to disclose my private information or to initiate debt collection activities without my explicit written consent. Such actions undermine the principles of privacy protection that are central to consumer rights, causing even more clear damages and violations. 
I demand that you promptly stop breaching my privacy. XXXX steps must be taken to rectify this unauthorized sharing of my information and to prevent any similar occurrences in the future. As a consumer, I have the right to expect that my privacy is respected and upheld at all times. To make this more clear to you In the intricate tapestry of consumer protection and data privacy, there exists a boundary where ethics and regulatory adherence converge. Today, I beckon you to this XXXX, guided by the enigmatic language of the Fair Credit Reporting Act ( FCRA ), the judicious oversight of the Consumer Financial Protection Bureau ( CFPB ), and an uncompromising dedication to the intricacies of consumer rights. XXXX. Ethical Redress vs. XXXX XXXX : A choice looms before you, XXXX that bifurcates into XXXX distinct trajectories. Should you opt for the path of ethical redress, this ordeal finds its conclusion with mutual benefit. On the contrary, should you disregard this overture, my resolve to pursue legal remedies shall be resolute, unwavering, and XXXX. Acknowledgement of XXXX XXXX : A sagacious perspective necessitates that I acknowledge the existence of the alleged debt. However, the XXXX of this discourse resides not in the veracity of the debt, but rather in your agency 's transgressions that breach the walls of consumer rights and ethical conduct. 
XXXX. Failure to XXXX XXXX and XXXX : In the labyrinthine corridors of the FCRA, the foundational principles of consent and disclosure stand sentinel. Your agency 's actions, echoing as a clarion call of transgression, have breached these bastions. This, in turn, has corroded the edifice of ethical behavior that should underpin credit reporting practices. XXXX. Unlawful Clambering into XXXX XXXX : The gravity of unauthorized access to credit reports can not be underestimated. Your agency 's audacious breach of this sphere infringes upon privacy and eviscerates the trust reposed in you. A lucid explanation for this intrusion and an immediate rectification are demanded, reflecting your agency 's commitment to compliance. XXXX. Persistence of XXXX and XXXX Violations : At the crux of the FCRA lies the mandate for the accuracy and integrity of reported information. By choosing not to update verified accounts, your agency continues to perpetuate inaccuracies that resonate far beyond the immediate realm. Rectification is imperative, and only through it can the integrity of reported information be restored. XXXX. The XXXX of Investigative Diligence : The FCRA mandates the fair and expedient investigation of disputes. Alas, your agency has faltered in this crucial realm. for it is both the crux of compliance and the embodiment of your agency 's commitment to consumer rights protection. XXXX Missing Adverse XXXX Notice : The omission of an adverse action notice echoes as a glaring transgression. XXXX redress is sought, for such notice not only safeguards compliance but empowers the consumer to make informed decisions. The absence of this notice demands an explanation and a commitment to future compliance. XXXX. Protectors of XXXX XXXX : Consumer data protection, enshrined in FCRA 's security measures, underscores the importance of safeguarding information. Your agency 's failure to maintain such measures raises questions about the safety of personal data : A Precious Commodity : The sanctity of consumer information is integral to the FCRA 's architecture. Your agency 's actions, which transgress the boundaries of written permissible purposes, infringe upon consumer rights. The ensuing violation demands rectification, accompanied by a steadfast commitment to ethical conduct moving forward. XXXX. The XXXX to Uphold CFPB Regulation : The CFPB regulations constitute a beacon that illuminates the path of ethical conduct. I implore your agency to navigate this path with an unwavering commitment. The transgressions herein are a testament to the necessity of this adherence and the potential consequences of its disregard. In the crucible of these violations and the imperative for remediation, time no longer exists as an abstract concept. It metamorphoses into an inexorable force that underscores the urgency of your response. 
The choice I present is multifaceted, encompassing ethical rectification and the ceaseless pursuit of legal remedies. 
XXXX. Option XXXX - The Path of Ethical Rectification : By embarking upon this path, your agency chooses to restore consumer trust and uphold the mantle of ethical conduct. This entails the immediate deletion of the alleged debt from records on my consumer report, cessation of all collection activities, provision of written confirmation to CFPB. XXXX. Option XXXX - The Precipice of Legal Consequence : XXXX ethical rectification not find favor, the path of legal intervention remains which includes many of your violations. Each violation committed shall attract reparation. My unwavering commitment to consumer rights propels me to embark upon I wish to draw Discovers attention to the Fair Debt Collection Practices Act ( FDCPA ), which was established to protect consumers from abusive, deceptive, and unfair debt collection practices. There is abundant evidence that numerous debt XXXX, including your agency, engage in these practices, which contribute to personal bankruptcies, marital instability, job losses, and invasions of individual privacy. Specifically, the violations of XXXX XXXX Code XXXX - Acquisition of location information and XXXX XXXX Code XXXX - Communication in connection with debt collection are of utmost concern, and I hold Discover accountable for any violations committed by your agency. The FDCPA mandates strict compliance with these provisions. XXXX XXXX XXXX XXXX - XXXX of location information : Debt XXXX, including Discover, must adhere to the guidelines outlined in this section when attempting to acquire location information. Failure to do so is a violation of the FDCPA. 
XXXX XXXX XXXX XXXX - XXXX in connection with debt collection : XXXX ( a ) clearly states that a debt collector, such as Discover, XXXX not communicate with a consumer regarding the collection of any debt without the prior consent of the consumer or the express permission of a court of competent jurisdiction. It is imperative that this regulation is adhered to in all communication related to debt collection, and I hold Discover responsible for any violations in this regard. Cease and Desist Communication Pursuant to the Fair Debt Collection Practices Act ( FDCPA ) XXXX, I am hereby formally notifying Discover and any affiliated debt XXXX or creditors, including but not limited to XXXX XXXX XXXX XXXX XXXX, that I am exercising my rights under the law. I unequivocally refuse to pay the alleged debt that you claim. Furthermore, I am invoking my legal right to cease all further communication with me, whether directly or indirectly, regarding this debt. This request is made in accordance with the FDCPA XXXX. Henceforth, any communication with me or any third parties about this debt must strictly adhere to the FDCPAs guidelines : XXXX of Further Efforts : You are advised that any further efforts to collect this debt from me are hereby terminated. XXXX. Notification of Specified Remedies : I understand that you or the creditor XXXX possess certain remedies ordinarily invoked in such situations. However, any communication must explicitly pertain to the invocation of these remedies, should you choose to exercise them. Please be advised that, in accordance with the FDCPA, this cease and desist notice is effective immediately upon your receipt of this letter. Any further violation of my rights, as outlined in the FDCPA, will result in legal action against Discover and any affiliated parties involved. Respect my rights as a consumer and adhere to the legal obligations outlined in the FDCPA. Your cooperation in this matter is expected and non-negotiable. Violation of Fair Debt Collection Practices Act ( FDCPA ) *****NOTICE THIS IS NOT THE END***** XXXX correspondence has been sent immediately after this document and I encourage you to request it from CFPB if not accessible.

Company response to consumer: Closed with non-monetary relief