Consumer complaint received 2022-06-09
Company: DISCOVER BANK
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
I am responding to information you furnished on my consumer report about a debt you are trying to collect. Please supply the information below so that I can be fully informed : Why you think I owe the debt and to whom I owe it, including : 1.CERTIFICATION OF AUTHORITY : Please provide ( a ) : verified certificate of authority, or fictitious/assumed name certificate from the State of XXXX authorizing your company , Discover Financial. to transact business in the State of XXXX ( b ) : your license number ( s ) and Registered Agent. 

2. AUTHORIZATION CONTRACT : Please send me a verified ( sworn to by Affidavit ) copy of the contract your firm has with the original creditor authorizing your firm to engage in collection activities on their behalf against the above alleged account, and naming you as an authorized collection agent/claims adjuster. 

3. ORIGINAL CONTRACT : Please send me a verified copy both FRONT and BACK of the alleged ORIGINAL contract/agreement/promissory note in its entirety, including any application, accompanied by a commercial affidavit, sworn to be true, correct, and complete, upon the commercial liability of a properly identified and authorized officer, employee, or agent of the alleged original creditor who states that he/she has PERSONAL FIRST HAND KNOWLEDGE that said front and back verified copy is that of the original alleged contract/agreement/promissory note. 

4. CUSTODIAN OF CONTRACT : Please provide the name, title, address and phone number of the natural person who is the CUSTODIAN of the actual alleged contract/agreement/promissory note. If the physical location of said alleged contract is different from that of the CUSTODIAN, please provide the address of that location also. 

5. COMPLETE BOOKKEEPING ENTRIES : Please provide the original account and general ledger statement showing the full accounting of the alleged obligation you are attempting to collect, accompanied by a commercial affidavit by the original CUSTODIAN of the books and records sworn to be true, correct, and complete, upon his or her commercial liability.

6. Please verify under penalty of perjury that you know and understand that certain clauses in a contract of adhesion, such as a so called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. 
. 

7. Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the alleged debt or sending the check may constitute MAIL FRAUD and a complaint will be filed with the U.S. Postal Inspection Service and the F.T.C. pursuant to applicable law and any litigation that ensues will name you in your personal capacity as defendant. 

8.Provide Proof that the FDCPA 15 USC1692 does not apply to Discover Financial Services XXXX 

9. Provide proof this wasn't a consumer transaction under Consumer Protection Act and Code of Federal Regulations 11. Proof that Discover Financial Services Inc is not involved in activities that would violate 18 USC 894.

12. Provide proof that the the transaction wasnt guaranteed or insured by the United States. 

I have asked for this information and accompanied by a sworn affidavit or under penalty of perjury because of questions I have. I need to hear from you to act in good faith to make an informed decision about your claim that I owe this money. I am open to communicating with you for this purpose. In order to make sure that I am not put at any disadvantage, in the meantime please treat this debt as being in dispute and at this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Consumer reporting agencies XXXX, XXXX or XXXX ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in appropriate action against you for the following : Violation of the Fair Debt Collection Practices Act Violation of the Fair Credit Reporting Act Defamation of Character Also let it be known that validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. See Pacific Concrete F.C.U. v. Kauanoe, 62 Haw. 334, 614 P. 936 ( 1980 ), GE Capital Hawaii , Inc. v. Yonenaka 25 P. 3d 807, 96, Hawaii 32, ( Hawaii App 2001 ), Fooks v. Norwich Housing Authority 28 Conn. L. Rptr . 371, ( Conn. Super. 2000 ), Town of Brookfield v. Candlewood Shores Estates , Inc. 513 A. 2d 1218, 201 Conn. I ( 1986 ), and Solon V. Godbole, 163 III. App. 3d 845, 114 I11. Dec. 890, 516 N.E. 2d 1045 ( 3Dist. 1987 ). 

Thank you for your cooperation

Company response to consumer: Closed with explanation