Consumer complaint received 2018-09-30
Company: DISCOVER BANK
State: NE
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
This formal complaint will be tendered ( in court ) as evidence that consumer ( Discover Card account ending in XXXX ) is responding to two threatening, intimidating dunning letters sent simultaneously on XX/XX/2018 and XX/XX/2018. Both letters are in violation of a 30-day timeline ( to respond ) under the Fair Debt Collection Practices Act ; ( FDCPA ). Sending back to back dunning letters will garner no more credence than sending one letter. One can only assume the purpose for bombarding consumer with threatening letters is to harass consumer and cause unwarranted distress, as well as emotional, psychological harm. Based on a debt collection disclaimer in the footnote of each dunning letter, Discover Bank has subjectively put them selves under the umbrella of the Federal Trades Commission ( FTC ) who governs the Fair Debt Collection Practices Act ( FDCPA ) ; Sec. 805. [ 15 U.S.C. 1692c ]. Therefore Discover Bank must adhere to the perimeters of that Act. Displaying these kinds of disclaimers in the body of dunning letters bounds the company under federal law.

Consumer is 90-years old. Consumer is head-of-household and has no attachable property of value. Consumer is a victim of another individuals misuse of the Discover Card. Consumer " disputes '' owing charges indicative of {$22000.00}. Consumer can prove consumers bank account has been compromised ( on several occasions ) ; and is presently under a Bank investigation. Consumer is fearful and devastated by the meaning of the dunning letters and doesnt understand Discover Banks purpose for causing undue havoc in consumers elderly life. It is important that consumer use this venue to convey a strong message that consumer has rights and protection under state and federal law. Serious ramifications will commence if those rights and protections are violated. 

Consumers sole income is Social Security income which is federally protected income under the Social Security Administration Act ( SSA ) ; Sec. 207. [ 42 U.S.C. 407 ] ( a ). Consumer has a copy of consumers Social Security Award letter that consumer will provide if warranted. 

Please be advised : Under compilation of the Social Security Laws Section 207 [ 42 U.S.C. 407 ] ( a ) which states : the right of any person to any future payment under this title shall NOT be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law., whether consumer gives permission or not they do not have the authority to authorize garnishment of a federally protected account. Under XXXX Revised Statute Section 25-1563.01. ; the same Supreme Court ruling applies in this matter. 

Consumers protected income presents a genuine issue of material fact that if a summary judgment is granted ( after receipt of this formal notification ) it shall be construed as a deceptive, frivolous, abusive and harassing process that can garner monetary retribution for consumer. Consumer is impoverished and refuses to be a victim of unjust enrichment and extortive tactics. Consumer has no fiduciary or contractual obligation to a third party debt collector because there is no exchange of any benefit or detriment with ANY future collection agencies, junk debt buyers ( JDB ) or collection law firms. There will be no enforceable agreement. No payment history, nor products, or services has been rendered to such entities because these elements do not exist ; there is a 'failure of consideration ' and no valid agreement, contract or fiduciary obligation under federal law that requires payment to such parties. 

Furthermore, a federal ( and civil ) lawsuit will ensue if consumers Social Security income is tampered with after receipt of this formal notice. *Please reference : XXXX *4:07-cv-00109 vs. XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX XXXX ) ; as a federal magistrate Judge ruled in favor of the consumer and sanctioned the collection law firm for unlawful garnishment of a federally protected income account in lieu of formal ( written ) notification and a blatant disregard for federal law. Please note, that garnishment of Social Security funds from a bank account after collector is on notice that the bank account only contains exempt funds can be an unfair debt collection violation with extensive ( monetary ) ramifications. 

It is consumer 's hope that this complaint will cease ( written and phone ) communication immediately as consumer must give consumer 's bank due process in their mission to investigate missing funds and compromise of consumer 's bank account. Consumer maintains that consumer did not make extensive charges to a Discover Credit Card ending in XXXX. Consumer would like to thank the Consumer Financial Protection Bureau ( CFPB ) for its mission and purpose in keeping consumers safe and fairly represented. It is greatly appreciated. Thank you!

Company response to consumer: Closed with explanation