Consumer complaint received 2024-07-15
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: DISCOVER BANK (NJ)

I am writing to file a formal complaint against Discover Bank for violations of my consumer rights under both federal and New Jersey state laws. 

Violation of Privacy and Consent : Discover Bank failed to provide me with the opportunity to opt out before sharing my personally identifiable financial information with third parties, including other financial institutions and consumer reporting agencies. This is a clear violation of my rights under the Gramm-Leach-Bliley Act ( GLBA ) and the New Jersey Data Protection Act ( NJDPA ). I explicitly notified Discover Bank that I did not consent to the sharing of my private information, yet they claimed they had the right to do so according to their Privacy Policy and Privacy Notice. However, the notice itself states : " Personally identifiable financial information collected by financial institutions ( like Discover Bank ) is subject to federal privacy laws ( like the GLBA ). '' " For New Jersey Residents : We will not share information we collect about you with non-affiliated third parties, except as permitted by New Jersey law, such as to process your transactions or to maintain your account. '' I have never signed any contract nor given Discover Bank permission to share or sell my nonpublic personal information to another financial institution. 

Failure to Provide Full Accounting : I have requested a full accounting of this account, including specific documentary evidence signed by an authorized representative, to clarify who actually funded the account and the true amount owed. Instead of providing this information, Discover Bank has only sent me a copy of the Promissory Note, which itself evidences multiple violations of the Truth in Lending Act ( TILA ). 

Violation of Communication Preferences : I have clearly stated in my notices to Discover Bank that all mail must be sent to a specific address, and any mail sent to any other address is inconvenient and an invasion of privacy. Despite this, Discover Bank continues to send mail to an inconvenient address. 

Allegations of Identity Theft : According to federal law, identity theft is defined as " a fraud committed using the identifying information of another person '' ( 15 USC 1681a ( q ) ( 3 ) ). Discover Bank is committing identity theft against me by sharing my personally identifiable financial information with third parties without my legally obtained consent. This action deprives me of my rights under color of law ( 18 USC 242 ) and attempts to collect on extensions of credit by extortionate means ( 18 USC 894 ).

Violation of Opt-Out Rights : Pursuant to the GLBA and NJDPA, " the consumer shall be provided a reasonable opportunity prior to the disclosure of nonpublic personal information to direct that nonpublic personal information not be disclosed. A consumer may direct at any time that his or her nonpublic personal information not be disclosed. '' Conclusion : The contract and Promissory Note are void and unenforceable due to violations of the TILA, Uniform Commercial Code ( UCC ), and other relevant laws. Discover Bank 's actions have caused potential damages to me for violations of the Fair Credit Reporting Act ( FCRA ), TILA, UCC, and New Jersey consumer protection statutes. I request immediate cessation of these violations and appropriate remedies for the harm caused.