Consumer complaint received 2015-12-27
Company: DISCOVER BANK
State: VA
Product: Credit card
Issue: Rewards

Complaint:
The Federal Deposit Insurance Corporation ( " FDIC '' ) is the appropriate Federal banking agency with respect to Discover Bank, XXXX, Delaware ( " Discover '' ), under section XXXX ( q ) of the Federal Deposit Insurance Act ( " FDI Act '' ), XXXX U.S.C. XXXX ( q ). The Consumer Financial Protection Bureau ( ''CFPB '' ) has jurisdiction over Discover, pursuant to sections XXXX ( XXXX ), XXXX and XXXX ( b ) of the Consumer Financial Protection Act ( " CFP Act '' ), XXXX U.S.C. XXXX XXXX XXXX XXXX, XXXX and XXXX XXXX b ). 

Myself and numerous other similarly situated Discover consumers have not reasonably been able to obtain rewards, as marketed and represented by the entity. Discover has engaged in unfair practices by imposing " burdensome requirements '' on consumers in connection with its suggestion that receipts need to be submitted in order to claim the rewards offered under the promotion. Curiously, the terms and conditions governing the Discover promotion in question have never stated that the consumer needed to keep receipts. 

The terms of the promotion are referenced on Discover 's website : under the XXXX Pay FAQ section of Discover 's website. The relevant details are under the " Earn Rewards '' section : " What are the details for the 10 % Cashback Bonus ( XXXX ) promotion? Cashback Bonus Earn an extra 10 % Cashback Bonus on up to {$10000.00} of in-store purchases when you use your Discover card with XXXX Pay now through XXXX/XXXX/15. Excludes gift card purchases. No sign up needed. Rewards earned are in addition to your standard rewards and are added to your Cashback Bonus account within XXXX billing periods. See Cashback Bonus Program Terms and Conditions for more information. Miles version : Earn an extra XXXX miles per dollar on up to {$10000.00} of in-store purchases when you use your Discover card with XXXX Pay now through XXXX/XXXX/15. Excludes gift cards. No sign up needed. Rewards earned are in addition to your standard rewards and are added to your Miles account within XXXX billing periods. See Miles Program Terms and Conditions for more information. '' XXXX The gift card exclusion was added several days after the promotion was launched Discover is now blanket rejecting purchases above a certain amount Discover is requiring customers to retain receipts Discover does not have the requirement to keep receipts in the Terms and Conditions governing the promotion This is a blatant attack on consumer privacy The burden of proof is shifted to the consumer, instead of the credit card company If Discover wants to exclude gift cards, they need to do it accurately and automatically, without the need of receipts being sent into Discover. 

XXXXXXXXXXXX sent e-mails to me which erroneously suggested that the following transaction 's on my account included a gift cards : XXXX/XXXX/15 XXXX STORE - XXXX XXXX XXXX VA XXXX PAY ENDING IN XXXX XXXX Merchandise {$500.00} XXXX/XXXX/15 XXXX STORE - XXXX XXXX XXXX VA XXXX PAY ENDING IN XXXX XXXX Merchandise {$2000.00} XXXX/XXXX/15 XXXX STORE - XXXX XXXX VA XXXX PAY ENDING IN XXXX XXXX Merchandise {$1000.00} XXXX/XXXX/15 RITE AID STORE - XXXX XXXX VA XXXX PAY ENDING IN XXXX XXXX Merchandise {$2000.00} XXXX/XXXX/15 XXXX STORE - XXXX XXXX XXXX PAY ENDING IN XXXX XXXX Merchandise {$1000.00} As a result I 'm missing bonus mileage for the purchases described XXXX totaling near XXXX miles all of which are in fact eligible and qualify for the Discover & XXXX PAY 10 % BONUS promotion. 
Discovers actions are Unfair, Deceptive and Abusive XXXX XXXX XXXX XXXX defines an " unfair '' act or practice as follows : The act or practice causes or is likely to cause substantial injury to consumers. 
The injury is not reasonably avoidable by consumers

Company response to consumer: Closed with explanation