Consumer complaint received 2021-09-23
Company: DISCOVER BANK
State: MI
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
Per my contract as the debt, with Discover XXXX XXXX XXXX, XXXX XXXX, IL XXXX, I am now asserting my rights pursuant to 16 CFR 433.1 - 433.3 On XX/XX/XXXX mail was sent then followed with a call a week later to Discover to have an Offset of cardholders indebtedness by issuer of credit card with funds deposited with issuer by cardholder and was denied. 

NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

16 CFR433.1 ( b ) consumer or natural person who acquires goods for personal, family or household use.

16 CFR433.2 ( h ) credit card issuer the person who extends rights for card holder to use credit card with connection to purchases of goods or services. I identify as the consumer and I was seeking goods for services for my personal family or household use.

15 USC 1602 ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. I provided discover the numbers off of my social security card 15 USC 1602 ( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time.

15 USC 1692 ( d ) ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. By Discover deny me something that I the consumer by federal law and entitled to 15 USC 1602 ( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time.

The instrument 15 USC 1605 I submitted was an extension of credit from the consumer to the creditor not a gift.

1 The finance charge should have been the sum of all charges 15 USC 1605 ( a ).

2 the entire credit sell and or finance was finished at the signing of the issue.

3 I would like 15 U.S. Code 1666h - Offset of cardholders indebtedness by issuer of credit card with funds deposited with issuer by cardholder ; remedies of creditors under State law not affected ( a ) Offset against consumers funds A card issuer may not take any action to offset a cardholders indebtedness arising in connection with a consumer credit transaction under the relevant credit card plan against funds of the cardholder held on deposit with the card issuer unless ( 1 ) such action was previously authorized in writing by the cardholder in accordance with a credit plan whereby the cardholder agrees periodically to pay debts incurred in his open end credit account by permitting the card issuer periodically to deduct all or a portion of such debt from the cardholders deposit account, and ( 2 ) such action with respect to any outstanding disputed amount not be taken by the card issuer upon request of the cardholder.

In the case of any credit card account in existence on the effective date of this section, the previous written authorization referred to in clause ( 1 ) shall not be required until the date ( after such effective date ) when such account is renewed, but in no case later than one year after such effective date. Such written authorization shall be deemed to exist if the card issuer has previously notified the cardholder that the use of his credit card account will subject any funds which the card issuer holds in deposit accounts of such cardholder to offset against any amounts due and payable on his credit card account which have not been paid in accordance with the terms of the agreement between the card issuer and the cardholder. 
( b ) Attachments and levies This section does not alter or affect the right under State law of a card issuer to attach or otherwise levy upon funds of a cardholder held on deposit with the card issuer if that remedy is constitutionally available to creditors generally. 

( Pub. L. 90321, title I, 169, as added Pub. L. 93495, title III, 306, Oct. 28, 1974, 88 Stat. 1515. ) I certify under penalty of perjury under the laws of The United States of America in the nature of [ 28 U.S.C. 1746 ( 1 ) ], that I have read the foregoing request for information and know the contents thereof, and that the information listed above is true, correct and complete. REQUEST EXECUTED this XXXX, day of the month XXXX, XXXX Respectfully submitted, For/by : XXXX Authorized Representative All Rights Reserved , Without Prejudice U.C.C. , 1-308, Without Recourse

Company response to consumer: Closed with explanation