Consumer complaint received 2024-01-19
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 (MA)

To Whom It May Concern : I recently received a copy of my ( XXXX, XXXX XXXX XXXX ) credit report, and I noticed a late payment of 30 days posted on my credit report : XXXX XXXX XXXX, XXXX account ending in XXXX for XX/XX/2019. 

XXXX XXXXXXXX XXXX XXXXXXXX, XXXX XXXX XXXX Your company is in clear violation of the law. Under 15 USC 1681b - permissible purpose of consumer reports, THE LAW CLEARLY STATES : ( a ) IN GENERAL 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. Did I give you written instructions to furnish this on my credit report? Furthermore, the FAIR CREDIT REPORTING ACT 15 USC 1681 ( 2 ) ( a ) ( i ) Exclusions from a consumer credit report clearly states : ( 2 ) EXCLUSIONS. Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) Subject to section 1681s-3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. 

Per the FCRA as a federally protected consumer, I am revoking & opting out of any and all authorization, I the consumer may have given Discover, XXXX, XXXX, & XXXX, written, verbal, & nonverbal for reporting on the Discover Bank Account ending in XXXX per 15 USC 6802. " According to the Fair Credit Reporting Act 15 USC 1681 section 602, it states : 'There is a need to ensure 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. ' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 

15 USC 1681 section 604, 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. ' ( Furnisher of information to credit agencies ) the financial institution ( Discover ) 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 Discover, XXXX, XXXX, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied, or otherwise is revoked regarding the Discover Bank account ending in XXXX. 
15 USC 6802 ( b ) ( c ) states that 'A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unlessthe consumer is given an explanation of how the consumer can exercise that nondisclosure option. ' Discover nor ( Furnisher of information to credit agencies ) XXXX, XXXX, & XXXX 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 antedate 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 on the Discover Bank account ending in XXXX. 
In addition, the Discover bank account ending in XXXX  is designated a charge off account. Per 26 U.S. Code 108 Charge off accounts are a certificate of indebtedness and therefore considered income & income can not be reported on your credit report and must be immediately removed from the report supported by IRS Publication 4681. 

Any authorization verbal nonverbal written non written I am now rescinding the authorization on Reporting the Discover Bank account ending in XXXX via 15 USC 6802 & 16 CFR 313.7 & whatever authorization Discover, XXXX, XXXX, & XXXX thought they had regarding the Discover Bank account ending in XXXX no longer has and that is effective immediately and indefinitely. The Discover Bank account ending in XXXX is to be removed from my Credit Report effective immediately. 

Delete the above account from my consumer report, this agency is in violation of 15 USC 1681. Failure to respond satisfactorily with deletion of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking { {$1000.00} } per violation for : 1. Defamation of Character ( per se ) 2. Negligent Enablement of Identity Fraud 3. Fair Debt Collections Practices Act 15 USC 1692g violations. 4. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ]