Consumer complaint received 2023-09-20
Company: DISCOVER BANK
State: CA
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:
The Fair Credit Reporting Act 15 U.S.C. 1681 Section 802 states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy ''. With that said- XXXX and XXXX are Consumer Reporting Agencies and I am the Consumer. I as the consumer have the right to make sure my privacy information isn't shared which is back by 15 U.S.C. 6801 that states " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those consumers ' nonpublic personal information ''. Discover Financial Services is a financial institution by definition under that specific title. Furthermore, 15 U.S.C. 1681 Section 401 ( a ) ( 2 ) states that " In general subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates ''. The financial institution Discover Financial Services and the consumer reporting agencies XXXX and XXXX do NOT have my consent to furnish any information in regards to the DISCOVER BANK account ending in XXXX and they surely do NOT have my written consent either. Any and all consent to XXXX, XXXX and XXXX whether it be verbal, non-verbal, written, implied or otherwise is REVOKED. 15 U.S.C. 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless- the consumer is given an explanation of how the consumer can exercise that nondisclosure option ''. Discover Financial Services never informed me of my rights to exercise my nondisclosure options. Not only that- 15 U.S.C. 1681 ( c ) ( a ) ( 5 ) states " Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years ''. This account is an adverse item that they are reporting without my permission which is against the law. 15 U.S.C. 1681s-2 ( A ) ( 1 ) states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate ''. 15 U.S.C. 1681e states " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violation of section 1681c of this title and to limit the furnishing consumer report to the purposes listed under section 1681b of this title ''. And lastly, 12 C.F.R. 1016.7 states that " A consumer may exercise the right to opt out at any time. '' This is your notice that I am opting out of your reporting services.

Company response to consumer: Closed with non-monetary relief