Consumer complaint received 2024-08-25
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Difficulty submitting a dispute or getting information about a dispute over the phone
Company: DISCOVER BANK (FL)

What Happened : On XX/XX/XXXX, I sent a negotiable instrument in the amount of {$1500.00} to Discover Bank via registered mail ( Tracking Number : XXXX ). The payment was confirmed as delivered by the United States Postal Service ( XXXX ) on XX/XX/XXXX. Despite this confirmation, Discover Bank has failed to credit the negotiable instrument to my account. 

I have contacted Discover Banks customer service multiple times, providing them with the registered mail tracking number and proof of delivery. However, the representatives have repeatedly informed me that they have not received the payment and have refused to investigate the issue further. They have also declined my request to place the account into billing error status, as required under the XXXX XXXX Billing Act ( XXXX XXXX. XXXX ). 

Instead of addressing the issue, Discover Bank has suggested that I send additional payments. Furthermore, they are now attempting to mark my account as late, despite the fact that I made my payment on time and have proof of delivery. 

Violations of XXXX XXXX : XXXX. XXXX XXXX Billing Act ( XXXX XXXX. XXXX ) : Under the Fair Credit Billing Act, Discover Bank is required to investigate billing errors, including issues related to payments that have been sent but not credited. By refusing to investigate and suggesting that I make an additional payment instead, Discover may be in violation of the XXXX. 
The XXXX mandates that when a billing error is reported, the creditor must place the account in billing error status while the matter is investigated. Discover Banks refusal to do so is a violation of this requirement. 
XXXX. Truth in Lending Act ( Regulation Z, XXXX CFR Part XXXX ) : Regulation Z requires creditors to apply payments promptly and correctly. Discovers failure to credit my payment, despite proof of delivery, and their subsequent attempt to mark my account as late, may violate this regulation. 
XXXX. Unfair and Deceptive Practices ( XXXX XXXX. XXXX ) : The Federal Trade Commission XXXX prohibits unfair or deceptive acts or practices in or affecting commerce. By refusing to credit my payment, refusing to place my account into billing error status, and suggesting I make additional payments, Discover may be engaging in unfair practices. 
XXXX. Equal Credit Opportunity Act ( XXXX XXXX. XXXX ) : If Discover Banks refusal to credit my payment or place my account in billing error status is based on an arbitrary or discriminatory reason, this could potentially violate the Equal Credit Opportunity Act. 
XXXX. XXXX XXXX ( XXXX XXXX. XXXX ( b ) and XXXX CFR XXXX ) : By refusing to process the negotiable instrument, Discover Bank may be in violation of federal securities laws, specifically concerning fraudulent practices in connection with the purchase or sale of securities. Misrepresenting the status or value of the negotiable instrument, or refusing to credit it as payment, could constitute securities fraud under the XXXX XXXX XXXX of XXXX.