Consumer complaint received 2024-06-24
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 (OH)

According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX, and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states " 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. '' Discover is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' Discover the financial institution and the Consumer reporting agencies XXXX, XXXX, and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, XXXX, and Discover whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' Discover never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.

Discover Card has reported to my consumer report a charge off. A charge off is considered a certificate of Indebtedness which means it is income and income must not be reported to a consumer report. From the IRS Publication 4681 ( 2023 ), Canceled Debts, Foreclosures, Repossessions, and Abandonments. As disputed in another complaint. XXXX Account System was informed of these inaccuracies. Discover Card can not report to credit agencies with inaccuracies and report an account used for the purposes of INCOME to be filed on a federal income tax return. This is illegal practices on behalf of Discover Card services. All information pursuant to Discover Card services write off has been recorded on the company 's balance sheet as a loss and reported to the IRS. There is no balance or no debt. This information pursuant to this account is in litigation and has been reported to FTC. I have no contractual agreement to pay Discover Card nor do I owe Discover Card anything. This is illegal and pursuant to your company illegally having my non-public private information it is be noted and being recorded pursuant to the Privacy Act of 1974. I am requesting my information be updated to paid from your company 's system as I have not given your company, Discover Finacial Services permission or consent to have my information and all inaccuracies pursuant to the account be deleted from the credit reporting agency. These inquiries have been reported to my consumer report and have negatively affected it. 15 USC 1681b ( 2 ) protects my reputation and any negative item that a company reports to my consumer report without my consent is considered identity theft and fraud. My statement shows a balance {$1.00} or more, according to the back of Discovers statement it states that if the credit balance is {$1.00} or more, I am to be credited that amount. Pursuant to 15 USC 1666d in the Fair Credit Billing Act it states any balance exceeding {$1.00} in connection with a consumer credit transaction the creditor must make a good faith effort to refund the consumer any part of the amount of the credit balance by cash, check, or money order. Although congress has passed this Discover continues to negatively report to my consumer report.