Consumer complaint received 2018-05-09
Company: DISCOVER BANK
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
XXXX, XXXX SOC SEC # XXXX DOB XX/XX/XXXX ADDRESS XXXX XXXX XXXX XXXX, XXXX XXXX, FL XXXX ATTENTION DISPUTE DEPARTMENT TODAYS DATE:XX/XX/XXXX Ive submitted enough information regarding the fraudulent account thats open in my name I have provided information for your company to have carried out a reasonable investigation of this dispute. If you had investigated properly rather then using your XXXX  system you would have noticed that this account is not mine which your companies have claimed to Verified. 
This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureau { s }, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 { b } that your claim is disputed and validation is requested. 

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. 

Please provide me with the following : What the money you say I owe is for : Explain and show me how you calculated what you say I owe : Provide me with copies of any papers that show I agreed to pay what you say I owe : Provide a verification or copy of any judgment if applicable : Identify the original creditor : Prove the Statute of Limitations has not expired on this account : Show me the you are licensed to collect in my state : Provide me with your license numbers and Registered Agent or Agent of Service : At this time I will also inform that if offices have reported invalidated information to any of the 3 major Credit Bureaus { XXXX, XXXX or XXXX } this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by theses companies, I will not hesitate to bring legal action against you for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character If your offices are able to provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. 

Since youve obviously neglected to investigate this account thoroughly I am demanding you remove this account off my profile. It is at this time that I will point out the in XXXX v XXXX, XXXX v. XXXX ( XXXX ), and XXXX v. XXXX, XXXX XXXX, the courts ruled each and every time that the CRA couldnt merely Parrot information from the creditors and collection agencies that they have conduct an independent REASONABLE investigation to ensure the validity of the debt and honesty/integrity of the creditors/CA in question. Sending out a generic form through the XXXX system that doesnt even contain my reasons for the dispute is not reasonable. 


Which Im sure you are aware each violation of the Fair Credit Reporting Act allows damages of {$1000.00} should this matter ends up in court. 
I look forward to an expedite resolution of this matter Thank you. 


Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when it fact there is no provided proof that it is accurate. 

If your company fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit report and a copy of such deletion { to any/all of the 3 major credit reporting bureaus : XXXX, XXXX and XXXX  } request shall be sent to me immediately. 

I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. 

It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. 


Best Regards, XXXX, XXXX SOC SEC # XXXX DOB XX/XX/XXXX ADDRESS XXXX XXXX XXXX XXXX, XXXX XXXX, FL XXXX

Company response to consumer: Closed with non-monetary relief