Consumer complaint received 2024-10-09
Product: Credit card — General-purpose credit card or charge card
Issue: Improper use of your report — Reporting company used your report improperly
Company: DISCOVER BANK (CA)

15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) PRIVACY OBLIGATION POLICY It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.

( b ) FINANCIAL INSTITUTIONS SAFEGUARDS In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technica
l, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.

nonpublic personal information ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title. ( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information. 
nonaffiliated third party The term nonaffiliated third party means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution 15 U.S. Code 1681 ( a ) ( 3 ) ( e ) ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. No one has been interviewed nor contacted. ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. I have opted out of these companies system of records and yet they still violate my privacy according to the Privacy Act of 1974. 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates. P.L 90-321 ( 82 Stat. 146 ) There is no valid purpose here and I never gave any consent. XXXX. Public record information for employment purposes ( a ) In general A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer 's ability to obtain employment shall- ( 1 ) at the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported ; These companies continuously fail to comply with the law 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. This is the fourth complaint that is being filed. Discover is in violation of the privacy terms and conditions in which they granted to me at account opening. Discover admits to retaliation against me for exercising my consumer rights which is against the LAW. Discover has committed identity theft by giving my nonpublic personal information to XXXX XXXX XXXX, XXXX, XXXX, and XXXX, XXXX. Furthermore Discover provided fair and honest disclosure about the material fact that Discover has an underwriting agreement with underwriters of XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX in which they have also sold my nonpublic personal information to without my written consent and they never provided far and honest disclosure of the fact ( All of these companies are non-affiliated third parties as described in Discovers privacy statement which was granted to me at account opening. ). This can be found in the Underwriting agreement under SF-3 Registered statements No. XXXX and XXXX ) Under pooling and servicing agreement Exhibit 4.2 Discover bank has transferred all titles, rights and interest in credit card receivables over to Discover Execute and Note Trust ( XXXX XXXXXXXX XXXX XXXX XXXXXXXX ). Discover had not disclosed the fact that Discovers very own XXXX XXXX as Chief Financial Officer and Treasurer of Discover entered into a contract with the XXXX XXXX XXXX XXXX in which she promised to fulfill specific duties as outlined in her declaration statements to the XXXX. In Discovers prospectus dated XX/XX/XXXX with Discover Bank Sponsor, Originator of Assets and Servicer Central Index Key Number : XXXX Discover Funding LLC Depositor Central Index Key Number : XXXX Discover Card Execution Note Trust Issuing Entity of the Notes Central Index Key Number : XXXX Discover Card Master Trust I Issuing Entity of the Collateral Certificate Central Index Key Number : XXXX the following can be read : Discover Bank and the trustee for the master trust formed the master trust in XX/XX/XXXX. On the Substitution Date, the depositor assumed all the rights and obligations of Discover Bank, solely in its capacity as seller, under the pooling and servicing agreement. Prior to the Substitution Date, Discover Bank transferred credit card receivables generated under certain designated Discover Card accounts directly to the master trust. On and after the Substitution Date, Discover Bank transfers the receivables to the depositor pursuant to a receivables sale and contribution agreement, and the depositor transfers these receivables to the master trust. Those credit card receivables, which are unsecured, include principal receivables ( that is, amounts owed by customers representing the principal balances of cash advances, purchases that customers have made with their Discover Cards and balances transferred by customers to their Discover Card accounts from other credit card accounts ). They also include finance charge receivables ( that is, amounts owed by customers representing finance charges accrued on unpaid principal balances, late fees and other service charges ). As customers make additional principal charges and incur additional finance charges and other fees in accounts designated for the master trust, Discover Bank also transfers these additional receivables to the depositor for subsequent transfer to the master trust on an ongoing basis. During all times while the master trust certificates are outstanding, all new receivables generated on the designated accounts become assets of the master trust. Even though Discover Bank transfers receivables to the depositor which are in turn transferred to the master trust , Discover Bank continues to own and service the related accounts. The master Trusts assets include, or may include the following credit card receivables, cash payments by customers, cash recoveries on receivables in the master trust that have been charged off as uncollectible, the proceeds from sales and any other recoveries that the depositor has transferred to the mater trust relating to any charged off receivables that the depositor has removed from the master trust. funds on deposit in investor accounts and investment income on certain of those accounts ; a portion of the interchange fees paid by or through merchant acceptance networks, including the network maintained by XXXX XXXX XXXX, to Discover Bank ( and subsequently transferred to the depositor ) in connection with transactions on accounts of the type included in the master trust interests in other credit card receivables pools conveyed to the master trust in accordance with the pooling and servicing agreement, if applicable credit support or enhancement for any series of master trust certificates. Currency swaps for series denominated in foreign currencies and interest rate protection agreements. The collateral certificate represents an interest in the aggregate pool of receivables in the master trust, not an interest in any specific receivable or subset of the receivables. For information on the master trusts assets, see The Master Trust Master TrusXXXX Assets in this prospectus. Currently, the interest represented by the collateral certificate and the transferor interest owned by the depositor are the only outstanding interests in the master trust. However, the depositor, as holder of the transferor interest, has the right to issue additional master trust certificates at any time and from time to time. The receivables in the master trust as of XX/XX/XXXX totaled {>= $1,000,000}. In Discovers Third Amended and Restated Pooling and servicing agreement dated as of XXXX XXXX between Discover Bank Master servicer and servicer, Discover XXXX XXXX XXXX and XXXX XXXX XXXX as Trustee on behalf of certificateholders the following can be read : ( a ) The Transferor hereby sells, transfers, assigns and otherwise conveys to the Trust for the benefit of the Certificateholders, without recourse, all right, title and interest of the Transferor in and to the Receivables existing as of the Effective Date and thereafter created ( which become the property of the Trust on a daily basis as they arise ), all monies due or to become due with respect thereto, and all proceeds ( as defined in Section 9-102 ( a ) ( 64 ) of the UCC or a comparable or successor provision thereto, however numbered, as in effect in the State of Delaware ) of such Receivables. Additionally, the Transferor hereby sells, transfers, assigns and otherwise conveys to the Trust for the benefit of the Certificateholders, without recourse, all right title and interest of the Transferor in and to the Interchange for each Distribution Date and all proceeds ( as defined in Section 9-102 ( a ) ( 64 ) of the UCC as in effect in the State of Delaware or a comparable or successor provision thereto, however numbered ) of such Interchange. The Transferor does hereby further transfer, assign, set over and otherwise convey to the Trust for the benefit of the Certificateholders, without recourse, all of the Transferors rights, remedies, powers, privileges and claims under or with respect to the Receivables Sale and Contribution Agreement ( whether arising pursuant to the terms of the Receivables Sale and Contribution Agreement or otherwise available to the Transferor at law or in equity ). The Transferor intends such sale, transfer, assignment and conveyance to be an absolute transfer of such property. However, because, and only because, of the possibility that such sale, transfer, assignment or conveyance may be deemed to be a pledge of such property, the Transferor does hereby grant to the Trust, for the benefit of the Certificateholders, a security interest in such property. According to the Trust Indenture agreement Between Discover Card Execution Note Trust and XXXX XXXX XXXX XXXX XXXX XXXX XXXX Dated XXXX XXXX. The word noteholder can be defined as a person in whose name a Note is registered in the Note Register. My name is the name in which is the registered noteholder. Discover had a Fiduciary duty to me as the indenture states Section 707. Unconditional Right of Noteholders to Receive Principal and Interest ; Limited Recourse. Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date expressed in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder ; provided, however, that notwithstanding any other provision of this Indenture to the contrary, the obligation to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be without recourse to any originator, the Transferor, Beneficiary, Depositor, the Indenture Trustee, the Owner Trustee or any Affiliate, officer, employee or director of any of them, and the obligation of the Issuer to pay principal of or interest on the Notes or any other amount payable to any Noteholder will be subject to Article V and the allocation, payment and subordination provisions of the applicable Indenture Supplement and limited to amounts available from the Collateral pledged to secure the Notes. Section 708. Restoration of Rights and Remedies. If the Indenture Trustee or any Noteholder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, then and in every such case the Issuer, the Indenture Trustee and the Noteholders will, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Indenture Trustee and the Noteholders will continue as though no such proceeding had been instituted. As one can see Discover is and has been in BREACH OF FIDUCIARY DUTY, BREACH of Duty of food faith, BREACH of duty of Care, Breach of Duty of loyalty. TO ME by their consistent acts of Bad Faith. This would be Promissory Estoppel and I would have a legal right to Sue. For Fraud and negligence. Due to Discovers negligence Discover has enslaved me into a form of slavery known as debt bondage which is also known as debt slavery which falls under trafficking according to Trafficking-Debt Final Rule 1002.142 ( b ) ( 4 ) -5 -- 1002.142 ( b ) ( 7 ). In which as a result I have endured Labor trafficking and XXXX trafficking. Debt Bondage also known as debt slavery, bonded labour, or peonage, is the pledge of a person 's services as security for the repayment for a debt or other obligation. In XXXX Discover the then XXXX XXXX XXXX and XXXX of Discover Financial Services XXXX. XXXX stated that Discover Financial Services is a XXXX based operating company while Discover is a banking and payment service company in the United States. XXXX stated that Discover made a commitment to continue to be transparent and communicate enhancements to company policies and due diligence process as it relates to modern slavery. XXXX XXXX expects employees, contractors and suppliers to work in accordance with the highest ethical standards and to comply with all relevant laws and regulations, including those around Modern Slavery. In the spirit of continuous improvement and in alignment with our core value of Doing the Right Thing, we are committed to reviewing our internal practices and maturing our efforts to combat human trafficking and modern slavery. 
If there is anything within this report that Discover would like to rebut Discover must do so in writing under a signed declaration of oath under penalty and perjury rebutting each item line item by line item utilizing the LAW as stated with citations being referenced as I have. Any attempt of communication that does not provide for remedy or equitable relief will constitute as further harassment. I kindly request that you block this information from my credit report within four business days, pursuant to section 605C of the Fair Credit Reporting Act.