Consumer complaint received 2024-09-26
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: DISCOVER BANK (AZ)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ] [ XXXX ] [ XXXX ] Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX XXXX XXXX XXXX XXXX Re : Dispute of Collection Activities and Violation of Consumer Rights To Whom It May Concern, I am writing to formally dispute the actions of [ Discover Financial Services ] [ Discover Bank ] as they have placed an account on my consumer report without providing the legally required validation information, in clear violation of my rights under the Fair Debt Collection Practices Act ( FDCPA ) and specifically under 12 CFR 1006.34 ( b ) ( 5 ) and 12 CFR 1006.34 ( c ) ( 4 ) ( 1 ).

Violations by the Collection Agency : 1. ** Statute of limitations to collect a date in the state of Arizona has been exceeded.

2. **Failure to Provide Validation Information** : The collection agency has not provided validation information as required under 12 CFR 1006.34 ( b ) ( 5 ) before placing this collection account on my consumer report. I have a legal right to receive this validation information prior to any reporting to consumer reporting agencies.

3. **Failure to Give Me an Opportunity to Dispute** : According to 12 CFR 1006.34 ( c ) ( 4 ) ( 1 ), I must be given an opportunity to dispute the account before any negative action, such as reporting to consumer credit bureaus, is taken. The collection agency failed to notify me in accordance with this regulation, which infringes on my rights as a consumer.

4. **Use of False, Misleading, and Deceptive Means** : The collection agency is violating my consumer rights by using false, misleading, misrepresentation, and deceptive means to collect an alleged debt that I dispute. This includes reporting an unvalidated debt to credit bureaus and failing to provide accurate disclosures to me as a consumer.

Collection agency has no authority to furnish any account to a consumer reporting agencies without providing any and all disclosures required by law and they are in clear violation of 12 CFR 1006.34 ( d ) and 15 USC 1681-S 2 ( 7 ) ( A ) I am formally notifying the collection agency that I dispute the entirety of the alleged debt. Furthermore, I am revoking all forms of communication from them, including email, text messages, and phone calls.

Requests for Information : 1. I request that the collection agency immediately provide a validation letter for the debt in accordance with the law.

2. I request a copy of the purchase agreement between the collection agency and the original creditor ( Discover Financial Services ), as this information is necessary to verify that the collection agency has legal standing to pursue the debt.

3. I also request proof that the collection agency is licensed and bonded to collect debts in my state.

Conclusion : The collection agencys failure to comply with the legal requirements outlined above is a violation of my consumer rights. I request that the CFPB investigate this matter and take appropriate action against the collection agency for its illegal practices.

Thank you for your time and attention to this matter. 

Sincerely, ** [ XXXX XXXX ] **