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 ( 2 ) adding on from part 1 [ DISCOVER ] *******Another critical provision of the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S. Code 1692c ( b ) - Communication with third parties. This section is of great significance, and I believe its crucial that Discover understands its implications. 15 U.S. Code 1692c ( b ) - Communication with third parties : The FDCPA explicitly states that, without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector, including Discover, may not communicate with any person other than the consumer, their attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. While I represent myself in this matter, it is essential that Discover fully comprehends the scope of this provision. Any communication with third parties not covered by the exceptions outlined in the FDCPA constitutes a violation of my rights as a consumer. I urge Discover to promptly review its practices and ensure strict compliance with 15 U.S. Code 1692c ( b ). Violations of this provision can have severe legal consequences, and I am committed to protecting my rights as a consumer. I have identified numerous violations of 15 U.S. Code 1692d, which explicitly forbids harassment or abuse in the context of debt Consumers : ** Your actions, including disclosing my personal information in the context of debt collection, resemble the prohibited publication of a list of consumers who refuse to pay debts, as outlined in 1692d ( 3 ). **Advertisement for Sale of Debt : ** The manner in which you've pursued payment, including threats and coercion, could be construed as an attempt to advertise the sale of the debt, contravening 1692d ( 4 ). I have thoroughly reviewed your debt collection practices, and it has come to my attention that there are numerous violations concerning the Telephone Consumer Protection Act ( TCPA ), as stipulated in 47 U.S.C. 227. The TCPA establishes strict regulations regarding telemarketing calls, auto-dialing systems, and unsolicited facsimile advertisements, among other things. Each violation of the TCPA can result in penalties of up to {$1500.00} per violation. Upon reviewing your actions, it has become evident that you have consistently engaged in practices that run afoul of the TCPA. 2. Failure to Obtain Consent : The TCPA mandates that prior express consent must be obtained before initiating any telemarketing calls or sending unsolicited facsimile advertisements. It appears that you have not consistently obtained this required consent. 3.Lack of Opt-Out Mechanisms : The TCPA also requires that telemarketing calls provide recipients with an easy means to opt out of future communications. It is evident that your communications have not consistently included these opt-out mechanisms. 4. Calling Without Prior Consent : Your actions show that you have made numerous calls without the requisite prior consent, constituting violations of the XXXX. Given the severity of TCPA violations and the potential penalties of up to {$1500.00} per violation, it is crucial that you rectify these violations immediately. I strongly urge you to cease these practices and take corrective action promptly to avoid further consequences. I am acutely aware of the numerous violations concerning 15 U.S. Code 1666a - Billing Error Resolution that Discover has committed against me through their correspondence and billing practices. The law is explicit about the obligations of creditors, especially when an obligor has reported a billing error. These violations include : 1. Failure to Acknowledge Billing Errors Promptly : Discover has consistently failed to acknowledge billing errors promptly upon receipt of written notice. The law stipulates that creditors should acknowledge such notices within thirty days.

2. Failure to Make Appropriate Corrections : Instead of making appropriate corrections in response to reported billing errors, Discover has often chosen to continue collection activities without the requisite corrections or clarification. The law mandates that creditors must correct billing errors within XXXX complete billing cycles or no later than XXXX XXXX. Lack of Transparency in Providing Documentation : When a billing error is reported, Discover has failed to provide adequate explanations, clarifications, or copies of documentary evidence as required by law. This lack of transparency infringes upon my rights as a consumer. 4. Continued Collection Efforts Despite Billing Errors : Discovers continued collection efforts following reported billing errors, without adhering to the required procedures for resolution, constitute a significant violation of this law. 5. Restricting or Closing Accounts Prematurely : The law prohibits creditors from restricting or closing accounts solely due to an obligors failure to pay the amount indicated to be in error. However, Discover has not consistently followed this mandate. 6. Failure to Forfeit Rights After Noncompliance : Discover has failed to forfeit its right to collect the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) when it does not comply with the laws requirements. Under the law, creditors may forfeit this right, and any finance charges thereon, except that the amount required to be forfeited may not exceed {$50.00}. It has come to my attention that Discover you have acted in a manner that violates the FDCPA. Specifically, these violations relate to 15 U.S. Code 1692b ( 5 ) and 15 U.S. Code 1692e ( 11 ) of the FDCPA. 15 U.S. Code 1692b ( 5 ) - Acquisition of Location Information : I have reason to believe that Discover has communicated with parties not expressly permitted under this section of the FDCPA. Such actions raise concerns about compliance with federal law and the safeguarding of my rights as a consumer. It is imperative that communications pertaining to debt collection strictly adhere to the statutory guidelines set forth in the FDCPA.

15 U.S. Code 1692e ( 11 ) - False or Misleading Representations : There is also evidence that Discover has engaged in communications that are perceived to me as misrepresentations, particularly implying that certain communications were from an attorney, which may not have been the case. The FDCPA explicitly prohibits such false representations. I draw your attention to a matter of potential concern regarding the use of your corporate logo on certain correspondence sent to me, which may be a violation of the Fair Debt Collection Practices Act ( FDCPA ). In the recent correspondence received from Discover Financial Services, I have noted the prominent display of your corporate logo. While I understand the importance of branding and corporate identity, it has come to my attention that such usage on correspondence related to debt collection may contravene the provisions of the FDCPA, specifically 15 U.S. Code 1692e ( 5 ). 15 U.S. Code 1692e ( 5 ) - Use of Symbols or Language Indicating Debt Collection : This section of the FDCPA explicitly prohibits the use of any language or symbol on envelopes or within the contents of communication that indicates the debt collector is in the debt collection business or that the communication relates to the collection of a debt. The intent of this provision is to ensure that consumers are not misled or intimidated by the appearance of debt-related correspondence. The prominent use of your corporate logo on correspondence, which is unmistakably linked to the collection of a debt, raises many violation concerns about compliance with this provision of the FDCPA. It is imperative that debt collection communications adhere to the spirit and letter of the law to safeguard the rights and interests of consumers.I emphasize that my intention in bringing this matter to your attention is not merely to highlight a potential violation but also to ensure that debt collection practices are conducted ethically and in strict compliance with federal law. Attention, a matter that raises concerns regarding potential violations of the Fair Debt Collection Practices Act ( FDCPA ), specifically pertaining to 15 U.S. Code 1692e ( 11 ). 15 U.S. Code 1692e ( 11 ) - Failure to Disclose Debt Collection Status : This section of the FDCPA mandates that debt collectors must disclose, both in the initial written communication with the consumer and in the initial oral communication if the initial contact is oral, that they are attempting to collect a debt and that any information gathered during this process will be used for that purpose. Furthermore, it stipulates that in subsequent communications, it is essential to disclose that the communication is from a debt collector, except for formal pleadings made in connection with a legal action. I have received numerous communications from Discover Financial Services, which are considered attempts to collect a debt, yet these communications have consistently lacked the required disclosure that they are from a debt collector. This is a critical omission that could led to misunderstandings and violations of consumers rights under the FDCPA. It is imperative that debt collection communications fully comply with the provisions of the FDCPA to ensure transparency and protect the rights of consumers. Even if the absence of the specific phrase debt collector is argued, it remains essential that consumers are aware that the communication pertains to debt collection, as mandated by the law. This is a violation of 15 U.S. Code 1692e ( 11 ). All communications, both past and future, should unmistakably convey the nature of the communication as being related to debt collection. My intent in raising this concern is to ensure that Discover Financial Services adheres to the FDCPAs principles and provides consumers with clear, honest, and legally compliant debt collection communications. a Attention, another matter that raises concerns regarding potential violations of the Fair Debt Collection Practices Act ( FDCPA ), particularly related to 15 U.S. Code 1692f - Unfair Practices. 15 U.S. Code 1692f - Unfair Practices : This section of the FDCPA explicitly prohibits the use of unfair or unconscionable means to collect or attempt to collect any debt. It outlines several specific practices that are considered violations. Here are some of the key violations I have observed : ( XXXX ) Unauthorized Collection Amounts : I have received communications from Discover Financial Services that include claims for amounts beyond the principal debt. These additional amounts, including interest, fees, charges, or expenses, were not authorized legally. It is in violation of the FDCPA. ( XXXX XXXX XXXX XXXX XXXX : Discover Financial Services has allegedly accepted checks and other payment instruments that were postdated by more than five days. However, I was not provided with written notification of your intent to deposit these instruments as required by law. This lack of notification is seen as a violation of 15 U.S. Code 1692f ( 2 ). In your communications, Use of Language or Symbols on Envelopes : Discover Financial Services has used language or symbols on envelopes when communicating with me that do not comply with the FDCPAs guidelines. Specifically, using anything other than your address on envelopes could be considered a violation of 15 U.S. Code 1692f ( 8 ). It is essential to reiterate that adherence to the FDCPA is paramount in ensuring fair and ethical debt collection practices that protect consumers rights and interests. I am aware that under the FDCPA, each violation may incur a penalty of up to {$1000.00}. However, my primary objective is to foster compliance and ethical conduct, rather than seeking penalties. I encourage Discover Financial Services to rectify these potential violations and commit to transparent, lawful debt collection practices. 15 U.S. Code 1692g - Validation of Debts : This section of the FDCPA mandates certain actions and disclosures by debt collectors to ensure transparency and fairness in the debt collection process. It is imperative for Discover Financial Services to be in full compliance with these requirements.

Here are some of the key violations I have observed : ( a ) Notice of Debt ; Contents : Discover Financial Services failed to provide the required written notice to me within five days after the initial communication in connection with the collection of the debt. The notice must include specific information such as the amount of the debt, the name of the creditor, and a statement of my rights to dispute the debt. This omission may constitute a violation of 15 U.S. Code 1692g ( a ). ( b ) Disputed Debts : Upon my written request within the thirty-day period as described in subsection ( a ), Discover Financial Services was obligated to cease collection activities related to the debt until verification of the debt or other requested information was provided. Despite my written request, collection activities persisted, which is a violation of 15 U.S. Code 1692g ( b ). Regarding the XXXX of XXXX in your correspondence. I want to bring to your attention a matter that directly affects my consumer rights. Your choice of using the word agreement, especially when communicating with me about debt collection, is a direct violation of my rights and is highly deceptive. Deceptive Terminology : Its essential to understand that using the term agreement can be misleading and deceptive, particularly when it comes to financial matters like debt collection. This is not merely an issue of semantics ; it goes to the heart of transparency and fairness in consumer dealings. Validation of Debt and Cease and Desist : Ive also previously requested validation of debt and issued a cease and desist notice. Its crucial to reiterate that upon receiving this document, all collection activities, including reporting to consumer agencies, must halt. Any continuation of these activities constitute violations of consumer protection laws. Compliance is not a choice. Regarding Admission of Liability : I want to underscore a critical point concerning the admission of liability. As per the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S. Code 1692g ( c ), the failure of a consumer to dispute the validity of a debt should not, under any circumstances, be construed by any court as an admission of liability by the consumer. Illegality of Default Judgments : Its imperative to understand that any attempt to obtain a default judgment under these circumstances is not only against the law but also in direct violation of my consumer rights. A default judgment in debt collection cases should not occur when a consumer has requested debt validation or issued a cease and desist notice. These legal safeguards are in place precisely to protect consumers from such practices. Compliance is Mandatory : I insist on full compliance with this aspect of consumer protection law. Failure to adhere to this principle constitutes a violation of the law and my rights. Immediate Action Required : Any attempt to obtain a default judgment in contravention of the law will be met with appropriate legal action to safeguard my rights. 15 U.S. Code 1692i - Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall 1. In the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or 2. In the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) In which such consumer signed the contract sued upon ; or ( B ) In which such consumer resides at the commencement of the action.

( If debt collectors choose to bring legal action, by law, they would have to bring it to my jurisdiction. ) ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. Discover, its crucial to emphasize that, as per 15 U.S. Code 1692i, legal actions on debts should be brought in specific jurisdictions. Debt collectors should not be initiating legal actions themselves. Congress has explicitly warned against the creation of documents that might mislead consumers into believing that a party other than the creditor is involved in debt collection. Its vital to ensure that such deceptive practices are avoided.

I want to remind you of the violations identified in 15 U.S. Code 1692j : ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. Please ensure that your correspondence aligns with these legal requirements. Deceptive forms can have serious consequences, and its in both parties interest to maintain transparency. 
Bring your attention to the legal framework surrounding civil liability as specified in 15 U.S. Code 1692k. Its essential to understand the potential consequences of failing to comply with the provisions of the Fair Debt Collection Practices Act ( FDCPA ). This code outlines the following aspects of civil liability : Amount of Damages ( 1692k ( a ) ) : Any debt collector who fails to comply with the FDCPA may be liable to the affected person for : 1.Actual damages incurred due to the failure. 2.Additional damages as determined by the court, not exceeding {$1000.00} for individual actions or as applicable in class actions. 3.Costs of the legal action. 4. Reasonable attorneys fees. Factors Considered by Court ( 1692k ( b ) ) : The court considers various factors when determining the amount of liability, including the frequency and persistence of noncompliance, the nature of noncompliance, and whether it was intentional. Intent ( XXXX ( c ) ) : Debt collectors may not be held liable if they can demonstrate that the violation was not intentional and resulted from a bona fide error, provided they maintain procedures reasonably adapted to avoid such errors. Jurisdiction ( XXXX ( d ) ) : Actions to enforce liability can be brought in any appropriate United States district court without regard to the amount in controversy or in any other court of competent jurisdiction, within one year from the date of the violation. It is essential to comply with both the FDCPA and FTC guidelines, as they not only define ethical practices but also carry significant legal consequences for violations. Addressing a matter of utmost importance regarding documentation you have provided concerning the alleged debt associated with my account. As stipulated in Rule 1002 of the Federal Rules of Evidence, it is a fundamental requirement that an original writing, recording, or photograph is necessary to prove its content unless specified otherwise by these rules or a federal statute. This rule, designed to uphold the integrity of evidence, plays a pivotal role in ensuring the accuracy and authenticity of documents used in legal matters. Regrettably, Discovers failure to provide the original document in question pertaining to the alleged debt represents a major violation of Rule 1002 and calls into question the legitimacy of the debt and the accuracy of the information being pursued. By not adhering to this critical rule, Discover has jeopardized the credibility of its collection efforts and may have placed itself in a precarious legal position. The absence of the original document raises significant doubts regarding the validity of the debt you are attempting to collect. I must insist that Discover should have taken immediate corrective action by providing the original document as required by Rule 1002. Addressing this major violation is essential not only for compliance with legal standards but also for restoring trust and transparency in your future dealings. Failure to rectify this situation promptly will result legal actions to safeguard my rights and interests. Please consider this matter seriously, as it pertains to a major violation with potential legal consequences.- **Subject : Assumption of Risk and Your Debt Collection Practices** A matter of utmost importance concerning your debt collection practices, particularly in light of the legal doctrines of " assumption of risk. " Assumption of risk '' is a legal concept with deep-rooted principles, indicating that individuals who knowingly and voluntarily accept the risks of certain actions or decisions can not subsequently seek recourse for any resulting consequences. This doctrine highlights personal responsibility for one 's choices. In the context of debt collection, this concept takes on a significant meaning. By purchasing and attempting to collect debts, you willingly assume the inherent risks associated with these financial transactions. It's essential to recognize that these debts may be inherently problematic or noncollectable, and your decision to engage in this business carries with it certain responsibilities. While " assumption of risk '' was traditionally an affirmative defense available to defendants in legal matters, it has evolved, particularly in jurisdictions like California, to include scenarios where the defendant does not owe a duty of care to the plaintiff. This means that, as a debt collector, you must consider the inherent risks in your chosen field of business.Express assumption of risk, often formalized through signed waivers, can limit your liability to the terms of such waivers, provided they are not against public policy. In essence, it becomes a contractual matter. Implied assumption of risk, on the other hand, prevents a party from recovering when they voluntarily accept the risks associated with a certain activity, and this is where your responsibilities come into play. Debt collection inherently carries risks, such as the possibility of dealing with uncollectible debts, challenging debtors, or navigating complex regulations. It's crucial to understand that you, as a debt collector, have knowledge and appreciation of these risks. In doing so, you assume the responsibility for the outcomes of your collection efforts. Whether debts are collectible or not, it is your obligation to act in compliance with the law and to treat debtors fairly and ethically. While the legal landscape surrounding " assumption of risk '' may have evolved, your responsibilities as a debt collector have not changed. You must uphold ethical standards, adhere to the Fair Debt Collection Practices Act ( FDCPA ), and act within the boundaries of the law. Failure to do so could expose you to significant legal consequences, including potential violations of the FDCPA, which carries its penalties and liabilities. Attention to a critical legal statute, 18 U.S. Code 1341, which pertains to Frauds and Swindles. This statute outlines severe penalties for individuals or entities that engage in schemes to defraud, obtain money or property through false pretenses, or employ fraudulent representations or promises. Specifically, the statute states : Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promisesplaces in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Serviceshall be fined under this title or imprisoned not more than 20 years, or both. The implications of this statute are profound and far-reaching, and it underscores the importance of conducting business activities with the utmost integrity and transparency. Any actions that can be construed as fraudulent or deceptive can result in severe legal consequences, including significant fines and imprisonment. In the context of your debt collection practices, it is imperative to adhere to the highest ethical and legal standards. Deceptive practices, false representations, or any actions that may be interpreted as fraudulent must be avoided at all costs.

Moreover, I would like to emphasize that this statute carries even more severe penalties if the violation relates to a presidentially declared major disaster or emergency, or if it affects a financial institution. In such cases, the potential fines and imprisonment terms can be exceptionally high. The U.S. Code, specifically 18 U.S. Code 1028A, addresses the grave offense of Aggravated Identity Theft. This law aims to protect individuals from the malicious use of their personal information and identity for fraudulent purposes. It is a matter of utmost significance, as identity theft can lead to severe financial and emotional distress for the victims involved.I have reason to believe that my personal information has been mishandled, leading to many concerns about my privacy and the security of my identity. I take these matters very seriously. My primary objective is to ensure that my personal information remains secure, and Ive also noted violations of 18 U.S. Code 1028A. I believe it is essential to discuss these issues in detail to ensure a full understanding of the situation. As a responsible consumer, I have always upheld the importance of maintaining a clean and accurate credit history. However, recent events have led me to question the practices employed by Discover in managing my credit information, specifically in connection with Unwritten Permissible Purpose. The Fair Credit Reporting Act ( FCRA ) outlines specific guidelines and regulations governing how consumer credit information is collected, reported, and used by creditors, including Discover. One crucial aspect of the FCRA is the requirement for creditors to have a permissible purpose to access a consumers credit report. It has come to my attention that Discover may have been engaged in a practice known as Unwritten Permissible Purpose. This practice involves accessing a consumers credit report without a clearly defined or legitimate reason, which raises significant concerns about the privacy and security of my personal information. I firmly believe that consumers have the right to protect their sensitive financial information from unwarranted intrusion. As a diligent and responsible consumer, I have taken every precaution to safeguard my credit history, and it is disconcerting to encounter practices that appear to circumvent the FCRAs safeguards. Furthermore, it has come to my attention that Discover conducted a soft pull on my credit account when I initiated the process of filing claims. This action raises additional concerns about the privacy and security of my financial information, as it was performed outside the context of permissible purposes under the FCRA. Discovers actions in this regard may potentially violate the FCRA, and it is essential to address this issue comprehensively. I have serious reservations about the unauthorized access to my credit information and the implications it may have on my financial privacy. specifically concerning tax reporting and potential violations that have come to my attention. Recent events have led me to question the practices employed by Discover in managing my credit information, particularly regarding the reporting of charged-off debts and tax-related matters. A charged-off debt typically signifies that a creditor has deemed the debt as uncollectible and, in most cases, a tax break for the loss. It is essential for consumers to be aware of the financial implications of a charged-off debt, including the obligation to report it as gross income when necessary. When a debt is charged off, consumers have the right to request a Form 1099-C, known as the Cancellation of Debt form, from the creditor. This form is vital for tax purposes, as it ensures that any canceled debt is properly reported as income to the IRS. Filing the 1099-C is not only a legal obligation but also a means for consumers to maintain accurate records of their financial transactions. The filing of the 1099-C fundamentally changes the status of the debt from a bad debt to income. It demonstrates that the consumer has fulfilled their obligation by reporting the canceled debt as income during tax filings. This critical step ensures transparency and compliance with tax regulations. It has come to my attention that Discover may not be providing consumers with the necessary Form 1099-C upon the charge-off of a debt. This practice raises serious concerns about compliance with tax reporting regulations and may potentially constitute tax fraud. As a consumer, I am deeply troubled by the failure to provide essential tax documentation. If Discover fails to provide consumers with their Form 1099-C when required, it jeopardizes not only the consumers financial records but also the creditors reporting obligations to the IRS. This situation is further exacerbated when a charged-off debt is inaccurately reported as a collection item, creating an erroneous representation of the consumers credit status. I want to emphasize the significance of this issue and the potential consequences for both consumers and creditors. When debts are reported as charged off, Discover should ensure that the associated Form 1099-C is provided promptly. Failure to do so could lead to tax-related problems for consumers and potential regulatory issues for Discover. Additionally, I urge Discover to promptly correct the inaccurate reporting of charged-off debts as collectors items, as this misrepresentation can adversely affect a consumers creditworthiness and create unnecessary challenges. I believe in the importance of transparency, accuracy, and compliance in financial matters, this matter is of significant importance to me, as it pertains to both my financial well-being and my confidence. I insist that Discover immediately removes the alleged debt from my credit report and ceases any further reporting related to this matter on my consumer report.

Company response to consumer: Closed with non-monetary relief