Consumer complaint received 2024-07-23
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: DISCOVER BANK (CA)

In accordance with the Fair Credit Reporting Act ( FCRA ), I, the consumer, have the right to privacy. I am filing a formal complaint against the following financial institution ( XXXX ) : DISCOVER BANK, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX for violating my privacy rights. 

Under 15 USC 1681, consumer reports can not be furnished without my written instructions. Despite multiple attempts to remove inaccuracies, unauthorized transactions, and income reportings from my credit report, the financial institutions have failed to correct their violation of my privacy. According to IRS guidelines, charged-off accounts are considered a certificate of indebtedness and are treated as income. Therefore, such accounts should not appear on my credit report but should be reported via a XXXX tax form. A copy of the IRS publication is attached. 

Pursuant to XXXX XXXX XXXX and XXXX CFR XXXX, financial institutions must provide consumers with the option to opt-out of information sharing with non-affiliated third parties before the information is disclosed. I was never given this opt-out option. 

On the following dates, I notified the financial institutions that I am opting out of any authorization allowing them to share my personal information with non-affiliates. This opt-out notice stated Per the FCRA as XXXX federally protected consumer I am now opting out of any and all previous, current and future authorization I the consumer may have given you written and unwritten, verbal and non verbal per XXXX XXXX XXXX. I request that you remove and delete all disclosures of my personal information that was shared with any and ALL non-affiliates and third parties, including credit agencies. 
On XX/XX/XXXX I sent an opt-out notice to XXXX. 
On XX/XX/XXXX an opt-out notice was sent to this XXXX. 
On XX/XX/XXXX an opt-out notice was sent to Discover. 
On XX/XX/XXXX an opt-out notice was sent to XXXX XXXX XXXX XXXX 
On XX/XX/XXXX an opt-out notice was sent to XXXX. 
On XX/XX/XXXX an opt-out notice was sent to XXXX XXXX  XXXX XXXX of XXXX XXXX XXXX XXXX XXXX 

Despite my attempt and written notice to opt-out, my information continues to be shared to non-affiliates, violating my privacy rights under XXXX XXXX XXXX XXXX XXXX CFR XXXX and the Privacy Act of XXXX. This unauthorized sharing of my personal information constitutes a serious violation of federal law and exposes me to potential identity theft, fraud, or other financial harm. 

XXXX, XXXX, and XXXX are all third parties. As a consumer, I must be provided the option to opt-out from having my personal information disclosed under XXXX XXXX XXXX and XXXX CFR XXXX. Since I was not given this option, my privacy rights have been violated. 

I request that the Consumer Financial Protection Bureau ( CFPB ) investigate this matter and ensure that the lenders comply with federal regulations to protect consumers ' privacy and information security. Please contact me via email for further information or documentation regarding this matter.