Consumer complaint received 2022-05-26
Company: DISCOVER BANK
State: AZ
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
DISCOVER FINANCIAL violated my federally protected consumer rights under 15 USC Chapter 41. On XX/XX/22, I sent a Validation of Debt Letter to DISCOVER FINANCIAL via certified mail with a return slip. DISCOVER FINANCIAL received the letter on XX/XX/22 per the date that was written on the return slip. DISCOVER FINANCIAL had 10 days from receipt of receiving the letter to respond validating the alleged debt via a commercial affidavit under penalty and perjury and failed to do so. They responded with a letter on XX/XX/22 [ Exhibit I ] which is way past the date to respond by and responded that was not in the form of a commercial affidavit. It also did not clearly and explicitly state any of the demands to lawfully validate the debt that were laid out in the letter. On XX/XX/22 I also sent a Cease and Desist Letter to DISCOVER FINANCIAL via certified mail with a return slip. DISCOVER FINANCIAL received the letter also on XX/XX/22 per the date written on the return slip. DISCOVER FINANCIAL had 15 days to respond to and operate within the cease and desist orders. DISCOVER FINANCIAL continued to send mail and emails that breached the cease and desist orders. I sent a sworn and notarized Affidavit of Truth to DISCOVER FINANCIAL with an invoice in the amount of {$24000.00} to DISCOVER FINANCIAL via certified mail with a return slip on XX/XX/22. DISCOVER FINANCIAL received the sworn and notarized Affidavit of Truth on XX/XX/22 per the date written on the return slip. DISCOVER FINANCIAL had 10 days from receipt of receiving the affidavit to respond rebutting point-by-point via another sworn and notarized affidavit. DISCOVER FINANCIAL failed to do so. Pursuant to the laws of Commerce, an un-rebutted affidavit stands as truth and DISCOVER FINANCIAL consents to all judgements made, was to delete all records of the account in question and is liable to compensate me for the amount stated on the invoice. DISCOVER FINANCIAL failed to do ANY of that, in fact has not responded at all, and still sends me statements of the alleged debt. I sent a Notice of Fault and Opportunity to Cure Letter via certified mail with a return slip on XX/XX/22 to give DISCOVER FINANCIAL the opportunity to cure their current faults. DISCOVER FINANCIAL received the letter on XX/XX/22 per the date written on the return slip. DISCOVER FINANCIAL had 10 days from receipt to cure their faults by validating the alleged debt via a commercial affidavit and rebutting the sworn and notarized Affidavit of Truth point-by-point via another affidavit. DISCOVER FINANCIAL failed to so [ Exhibit M ]. DISCOVER FINANCIAL 's failure to cure their faults places them in DEFAULT and means that DISCOVER FINANCIAL willfully and knowingly violating my federally protected consumer rights under 15 USC Chapter 41. DISCOVER FINANCIAL is liable to compensate me for all violations per the invoice received on XX/XX/22 as well as any accumulated additional violations. This amount is stated in the Bill of Particulars attached for the amount of {$30000.00}. As of today, the account in question is still open, reporting delinquent and DISCOVER FINANCIAL continues to attempt to collect the alleged debt unlawfully. I have done everything needed to exercise my federally protected rights under 15 USC Chapter 41 and DISCOVER FINANCIAL continues to violate me. If DISCOVER FINANCIAL continues to violate me, I will have no choice but to file a Certificate of Dishonor and Non-Compliance and file a default judgment with the Federal District Court Clerk.

Company response to consumer: Closed with explanation