Consumer complaint received 2018-04-05
Company: DISCOVER BANK
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
THIS IS A NOTICE THAT DISCOVER LACKS STANDING TO COLLECT A DEBT, AND FAILS TO STATE A CLAIM FOR WHICH RELIEF CAN BE GRANTED, EITHER ON AN ACCOUNT STATED OR ON THE ALLEGED CARDMEMBER AGREEMENT. 

The following is the history of the facts : 1. On XX/XX/XXXX, I sent a demand notice via certified mail to the CEO of Discover, XXXX XXXX XXXX, to produce the original document of alleged indebtedness in its original form ( the effective credit agreement ), also referred to as the original negotiable instrument, giving Discover 10 days to comply. I made a conditional offer of payment in exchange for the document ( i.e., payment on the account stated ). Discover did not provide it. 

2. On XX/XX/XXXX, I sent a SECOND NOTICE FOR CARDMEMBER AGREEMENT, via XXXX, to XXXX XXXX XXXX, providing another chance for Discover to send the documentation in exchange for payment on the account, giving Discover until XX/XX/XXXX to comply. Discover did not provide it. 

The CFPB states on consumerfinance.gov the following : If you are looking for information specific to your account, contact the bank or financial institution that issued your card. By law, the issuer must make your agreement available to you upon request. If you are having trouble getting your agreement, let us know by submitting a complaint. 

The link is here : https : //www.consumerfinance.gov/XXXX 3. On XX/XX/XXXX, I filed a complaint against Discover via consumerfinance.gov online portal, informing the CFPB that Discover was in non-compliance of my demand notices. 

4. In response to the CFPB complaint, Discover sent form agreements, false agreements, agreements that were either post-dated from the date of credit card issuance, and agreements that were unsigned. These were not the applicable agreements to the Discover credit card account. 

5. Discover was in default and dishonor for failing to provide the requested agreement. 

6. I sent multiple follow up NOTICE whereby I disputed the debt, denied the same, and demanded that Discover cease and desist trying to collect on the account stated since Discover failed to show, and could not show, an effective credit agreement. 

7. Discover violated and continues to violate Section 623 ( a ) ( 1 ) ( A ) of the Fair Credit Reporting Act ( FCRA ), Reporting information with actual knowledge of errors.

8. Discover violated and continues to violate Sec 623 ( a ) ( 1 ) ( B ), Reporting information after notice of confirmation of errors.

9. Discover violated and continues to violate Sec 623 ( ) a ) ( 2 ) ( A-B ), Duty to correct and update information.

10. Discover fails to disclose material and relevant facts in the alleged Cardmember Agreement that would shock the moral conscience of any person who has ever applied for, currently holds or has used a Discover credit card.

Discover knows it is violating the law, and knows that a consumer does not have any private right of action under Sec 623 ( a ) of the FCRA, only under Sec 623 ( b ).

The CFPB, however, does have jurisdiction for matters pertaining to violations of the FCRA, Sec 623 ( a ) and other Federal Laws, including, but not limited to, Regulation Z. It is for these reasons that I bring the matter once again to the attention of the CFPB ( see 4-page .PDF attachment enclosed herewith ).

Company response to consumer: Closed with explanation