Consumer complaint received 2022-07-29
Company: DISCOVER BANK
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
My name is XXXX XXXX, I am writing this on my own behalf, and there is no third party involved. I am writing in regards to inaccuracies that Discover is reporting to the credit reporting agencies and this action XXXX constitute fraud under both XXXX and XXXX Laws. 

My right to privacy and my right to know where and how to direct the disclosure of my nonpublic personal information in accordance with 15 U.S. Code 6801 ( a ) of the Gramm-Leach Bliley Act, has been violated. 

On my report, there is an account under Discover Bank opened on XX/XX/XXXX ending in XXXX. Discover is knowingly furnishing false and misleading information while having reasonable cause to believe the information is inaccurate. I am aware that nothing under the Fair Credit Reporting Act ( FCRA ) requires a financial institution to furnish negative or inaccurate information to a consumer reporting agency. 

Discover, along with the help of the Consumer Reporting Agencies are knowingly and willingly committing aggravated identity theft to collect on an extension of credit and punish me for the nonpayment thereof. This is a violation of 18 USC 1028A and 18 USC 894 and everyone involved shall be held criminally liable for engaging in racketeering activity. 

XXXX is reporting the account as 60 days overdue in XXXX of XXXX, while XXXX is reporting the account as 30 days overdue in the same month. In addition to the inaccurate dates of late payment history. XXXX is reporting that the Worst Delinquency status is 120+ days past due while XXXX is reporting the status as a Charge Off. It is clear that the reporting agencies do not hold the documentary material of indebtedness, which is leading to inaccurate reporting to my consumer report. 

Furthermore, XXXX is reporting the account with a Payment Status of Charge off, while XXXX is reporting as Unpaid balance reported as a loss by credit grantor. If Discover is reporting this account as Charge Off to the consumer reporting agencies ( XXXX, XXXX, XXXX ), then it may not be on my consumer report. 

I am aware that according to the IRS, a charge off becomes gross or ordinary income. Income is not to be reported on consumer reports. The definition of a Charge Off, pursuant to 7 CFR 1956.54, is The writing off of a debt and termination of collection activity without release of personal liability. The status of this account reporting as a Charge Off is an inaccurate account, which is a violation of 15 U.S. Code 1681e ( b ).

Pursuant to 26 U.S. Code 61 ( a ) ( 11 ) - Gross income defined Except as otherwise provided in this subtitle, gross income means all income from whatever source derived, including ( but not limited to ) the following items : Income from discharge of indebtedness.

If Discover has filled out a 1099-C form and is continuing any kind of collection activity as defined under 31 USC 3711 ( e ) by performing any of the following conduct ; administrative offset, tax refund offset, referral to private collection contractors, referral to agencies operating a debt collection center, reporting delinquencies to the credit reporting agencies, garnishing wages, pursuing litigation or foreclosure, they are committing tax fraud and should be reported to the IRS for a fraudulent financial gain. 


The continued reporting of this inaccurate information is a clear violation of 15 USC 1681s-2 and the responsibilities as furnishers of information & 15 USC 1681e ( b )

Company response to consumer: Closed with explanation