Consumer complaint received 2021-01-02
Company: DISCOVER BANK
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX Social Security # XXXX DOB : XX/XX/XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, Texas XXXX XXXX XXXX XXXX XXXX, XXXX XXXX. XXXX XXXX, XXXX, GA XXXX XXXX XXXX XXXX, XXXX XXXX. XXXX XXXX, XXXX, PA XXXX DISCLOSURE : THIS IS NOT AN IDENTITY THEFT DISPUTE, PLEASE REFRAIN FROM TAKING ANY POSITION OF IDENTITY THEFT EITHER WITH ANY CREDIT REPORTING AGENCY OR ANY SUBSCRIBERE THAT PARTAKES IN THE PRIVLIDGES ON REPORTING CONSUMERS PAYMENT HISTORY, IT IS A DISPUTE ON GROUNDS OF VALIDATION PURPOSES ONLY. 

LEGAL DISPUTE REQUESTING FULL DISCLOSURE OF TRUE TIMELINES PERTAINING TO TRADELINE PROCUREMENT, IN ADDITION TO ACTUAL PAYMENT HISTORY PROVING ACTUAL INITIAL DATE OF FIRST 30-DAY LATE PAYMENT HISTORY, THUS TRIGGERING THE 7-YEAR RULE THAT RELATES TO ERRONEOUS OR OBSOLETE INFORMATION. 
605. Requirements relating to information contained in consumer reports [ 15 U.S.C. 1681c ] ( a ) Information excluded from consumer reports. Except as authorized under subsection ( b ) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Cases under title 11 [ United States Code ] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years. 
( 2 ) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. 
( 3 ) Paid tax liens which, from date of payment, antedate the report by more than seven years. 
( 4 ) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. ( 1 ) ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1 ( b ) Exempted cases. The provisions of subsection ( a ) of this section are not applicable in the case of any consumer credit report to be used in connection with ( 1 ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( 2 ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more ; or ( 3 ) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal {$75000.00}, or more. ( c ) Running of reporting period. ( 1 ) In general. 
The 7-year period referred to in paragraphs ( 4 ) and ( 6 ) ** of subsection ( a ) shall begin, with respect to any delinquent account that is placed for collection ( internally or by referral to a third party, whichever is earlier ), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. 
XXXX/XXXX XXXX XXXX XXXX XXXX XXXX, PA XXXX ( XXXX ) XXXX ACCOUNT # XXXX XXXX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX , SD XXXX ( XXXX ) XXXX ACCOUNT # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, DE XXXX ( XXXX ) XXXX ACCOUNT # XXXX XXXX  CARED XXXX XXXX XXXX XXXX XXXX XXXX, DE XXXX ( XXXX ) XXXX ACCOUNT # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX WI XXXX ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX ( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. 

DISCLOSURE : At no time is this a dispute of identity theft or fraud, and I want my dispute answered by the creditor supplying the information on me to be 100 % validated, and/or to see if the timeline for its existence has passed, or if the credit/collection/public record tradeline is on my credit report in violation of the Fair Credit Reporting Act or a violation of the Fair Debt Collection Practices Act. Any item that I believe is not being validated by the creditor or collection agency or public record vendor will be disputed with the Consumer Financial Protection Bureau at a future date. If the item in dispute is legally valid, I will stand by that validation. We only request validation of information and/or debt ownership. At no time will I dispute a credit reporting agency, as it is imperative to the American free markets that XXXX, XXXX and XXXX XXXX maintain integrity for the American consumers. 
The following federal laws are what I am basing my rights under : Amended consumer rights Fair Credit Reporting Act Public Law 15 U.S.C. 1681 : https : //www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf Fair Debt Collection Practices Act : https : //www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text I make this request based upon potentially six criteria : 1 ) That I personally agreed and signed a application and/or contract on an extension of credit, and that I may have been late on payments and desire to find an agreed upon timeline when my credit trade line will go to a positive status, or be in position for its legal deletion mandated by the Fair Credit Reporting Act 7-Year rule on the deletion of antiquated information. 
2 ) That there may be items on my credit report that was acquired through a public record vendor, and that I may request a fully documented validation of any or all items posted from public record, and upon discovery may request the deletion of the public record postings based upon legal time limits, and/or completed research proving the settled agreements between myself and a second or third party. In and event, if the public record is legal, I will agree upon the trade line being maintained on my credit report until the time arrives where it can legally be removed. 
3 ) I may dispute any collection agency that maintains that they are attempting to collect a debt, either for an original creditor I may have had an association with, or if the collection agency maintains that they have acquired the debt. I may request from the debt collector full documentation of assignment of debt collection in written form as mandated by the Federal Trade Commission, including but not limited to verification that the collection agency is bonded and legally approved to collect debts from consumers within my state of residency, and if the agency maintains that the debt has been acquired by purchase, then full documented history of the debt transfer either directly from the original creditor and/or from the securitized trust the debt may have been sold to in a debt portfolio administered through the full regulatory body of the Securities and Exchange Commission. I may in addition request such documentation through the Federal Deposit Insurance Corporation if that is indeed the governing body of the original credit grantor. 
4 ) I will dispute all public utility payment histories including the collection process assigned to any collection agency, as all public utilities including cell phone charges, natural gas, electric and public violations within municipalities are not governed by the Fair Credit Reporting Act, but by governing bodies within each state known as public service commissions. At no time will I ever agree upon the postings of public utilities on my credit report, even though I understand that I may volunteer to add my payment histories of this nature at any time. 
5 ) I may request the services of the Consumer Financial Protection Bureau to help me as a potential mediator in cases where I believe that my rights under the Fair Credit Reporting Act and the Fair Debt Collection Practices Act are in violation. At all times I will maintain a professional demeanor on the clearance of negative information on any of my credit reports. 
6 ) I will only file a direct complaint with any credit reporting agency if I believe enough evidence has been ascertained showing that the creditor, collection agency and/or public service vendor is in violation of their subscriber agreement with any credit reporting agency.

I may dispute excessive inquiries posted on my credit reports based on the following. As the Federal Trade Commission struggles every year with maintaining the integrity of the credit community, from filing charges against illegal collection practices that abuse against the Fair Credit Reporting Act ( FCRA ) and The Fair and Accurate Credit Transactions Act ( FACTA ), bigger problems have evolved that may never be addressed without Congressional overhaul on current legislation. There is one major problem in the FICO scoring models implemented with each major credit reporting agency ( XXXX ). The excessive use of credit checks that draw down ones credit scores, and in many cases these credit reports are run as a full inquiry that causes severe damage to a persons credit score even though there was no validation on approval to pull credit or as the FCRA states a legitimate business need. Accordingly ; I may request under my rights under the Fair Credit Reporting Act ( FCRA ), the Fair and Accurate Credit Transactions Act ( FACTA ), and the Fair Debt Collection Practices Act ( FDCPA ) I request a full validation of each posted inquiry, proving that I indeed signed a credit authorization for each inquiry. 

DISCLOSURE : THIS IS NOT AN IDENTITY THEFT DISPUTE, PLEASE REFRAIN FROM TAKING ANY POSITION OF IDENTITY THEFT EITHER WITH ANY CREDIT REPORTING AGENCY OR ANY SUBSCRIBERE THAT PARTAKES IN THE PRIVLIDGES ON REPORTING CONSUMERS PAYMENT HISTORY, IT IS A DISPUTE ON GROUNDS OF VALIDATION PURPOSES ONLY. 

LEGAL DISPUTE ON EXCESSIVE INQUIRY PRACTICES INTO A CONSUMER REPORT WITHOUT PROPER DISCLOSURES IN PLACE AND/OR ABUSIVE EXTENSION OF LEGITIMATE BUSINESS PURPOSES, THIS IS THE ACTUAL GUIDELINES OF OBTAINING CONSUMER REPORTS UNDER THE FAIR CREDIT REPORTING ACT As a public service, the staff of the Federal Trade Commission ( FTC ) has prepared the following complete text of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. Although staff generally followed the format of the U.S. Code as published by the Government Printing Office, the format of this text does differ in minor ways from the Code ( and from West 's U.S. Code Annotated ). For example, this version uses FCRA section numbers ( 601-625 ) in the headings. ( The relevant U.S. Code citation is included with each section heading and each reference to the FCRA in the text. ) 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury. 
( 2 ) In accordance with the written instructions of the consumer to whom it relates. 
( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumer 's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant 's financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.

( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individual 's capacity to make child support payments or determining the appropriate level of such payments ; ( B ) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; ( C ) the person has provided at least 10 days ' prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested ; and ( D ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. ( 5 ) To an agency administering a State plan under Section 454 of the Social Security Act ( 42 U.S.C. 654 ) for use to set an initial or modified child support award. ( b ) Conditions for furnishing and using consumer reports for employment purposes. ( 1 ) Certification from user. A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumer 's rights under this title, as prescribed by the Federal Trade Commission under section 609 ( c ) ( 3 ) [ 1681g ]. ( 2 ) Disclosure to consumer. ( A ) In general. Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless -- ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes ; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person. ( B ) Application by mail, telephone, computer, or other similar means. If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application -- ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumer 's rights under section 615 ( a ) ( 3 ) ; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person. ( C ) Scope. Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumer 's application for employment only if -- ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. ( 3 ) Conditions on use for adverse actions. ( A ) In general. Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates -- ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this title, as prescribed by the Federal Trade Commission under section 609 ( c ) ( 3 ). 
XXXX NON-FCRA OPT-OUT TAKEN - HARD INQUIRIES DISPUTES : I have opted out of my public information with XXXX, and I believe that requesting the deletion of any inquiry based on any legitimate connection to a public record vendor such as XXXX is within my rights under the Fair Credit Reporting Act ( FCRA ), the Fair and Accurate Transactions Act ( FACTA ) and the Fair Debt Collection Practices Act ( FDCPA ). In review of the numerous hard copy disputes on my credit report, I am requesting only the proper protocol to be adhered to in order to maintain the legitimacy of the hard inquiry, that includes an actual name of the person involved with any company that pulled a hard review of my credit history, but in addition a copy of the actual report ascertained from such a review. If these items can not be produced, then by deductive reasoning the hard inquiry is bot 100 % legitimate. Accordingly, under review of 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ), I request the deletion of the following lists of hard inquiries as follows : I demand my rights be protected based on the XXXX Edition of the Privacy Act published by the U.S. Department of Justice. 
B. 5 U.S.C. 552a ( a ) ( 2 ) Individual [ T ] he term individual means a citizen of the United States or an alien lawfully admitted for permanent residence. 5 U.S.C. 552a ( a ) ( 2 ). 
Comment : The Privacy Acts definition of individual is much narrower than the FOIAs definition of person, which draws from the Administrative Procedures Act. See 5 U.S.C. 551 ( 2 ) ( 2018 ) ( defining person as an individual, partnership, corporation, association, or public or private organization other than an agency. ) ; see also, e.g., Raven, 583 F.2d at 170-71 ( comparing use of the word individual in the Privacy Act, as opposed to the word person, as more broadly used in the FOIA ) ; Cudzich v. INS , 886 F. Supp. 101, 105 ( D.D.C. 1995 ) ( A plaintiff whose permanent resident status had been revoked is not an individual for the purposes of the Privacy Act.... Plaintiffs only potential access to the requested information is therefore under the Freedom of Information Act. ).

The Privacy Act generally covers citizens and lawful permanent residents, but others have some protections. 
Generally, individuals under the Privacy Act are US citizens and lawful permanent residents. See S. Rep. No. 93-1183, at 79, reprinted in Source Book at 232, https : //www.justice.gov/opcl/paoverview_sourcebook ; OMB 1975 Guidelines, 40 Fed. Reg. at 28,951, https : //www.justice.gov/paoverview_omb-75. The Privacy Act as initially enacted did not generally protect non-resident foreign nationals. See, e.g., Raven v. Panama Canal Co., 583 F.2d 169, 170-71 ( 5th Cir. 1978 ) ( referencing legislative history that reflects the congressional intent to exclude nonresident aliens from Privacy Act coverage ) ; Soto v. State, 244 F. Supp. 3d 207, 208-09 ( D.D.C. 2017 ) ( per curiam ) ( unpublished table decision ) ( citing Fares v. INS, 50 F.3d 6 ( 4th Cir. 1995 ) ) ( [ Privacy ] Act only protects citizens of the United States or aliens lawfully admitted for permanent residence. ). 
SOFT INQUIRIES DISPUTES : IMMEDIATE ACION REQUIRED : PLEASE INSERT A BLOCK ON MY FILE FROM ALL FUTURE PROMOTIONAL REVIEWS THE FOLLOWING ATTACHED REVIEWS OF MY CREDIT IS A DISASTER AND I WOULD HAVE NEVER HAVE AUTHORIZE SO MANY REVIEWS. I HAVE DELETED ALL APPLICATIONS SUCH AS XXXX XXXX AND XXXX XXXX. PLEASE DELETE ALL OF THE ATTACHED CREDIT REVIEWS AS THEY WOULD HAVE NEVER BEEN AUTHORIZED. PLEASSE BLOCK MY CREDIT REPORT INFORMATION FROM ALL UNAUTHORIZED INQUIRIES FROM THIS POINT FORWARD : This letter is addressed to the subscriber furnishing the information on my credit reports, and if this letter is addressed to any credit reporting agency, then it is considered a ghost letter mirroring the actual request for documentation of a credit trade line I may have issues with. It is my understanding that each credit reporting agency has an obligation to maintain accuracy within the banking/credit community, and I will fulfill my obligations to work within the credit system as it was designated. 

Thank you for your full consideration in this matter. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with non-monetary relief