Consumer complaint received 2024-07-16
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 (NY)

Discover is in violation of multiple laws set forth by XXXX in regards to the following account ( XXXX ) No. ending XXXX and XXXX. XXXX5 U.S. Code 1681a ( 2 ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer ( myself ) and the person ( DISCOVER ) making the report. Additionally, 15 U.S. Code 1681 s-2 ( a ) ( 1 ) ( A ) states that a person ( DISCOVER ) shall not furnish any information relating to a consumer ( ME ) to any consumer reporting agency including but not limited to XXXX, XXXX, XXXX if the person knows or has reasonable cause to believe that the information is inaccurate. This is unsatisfactory! DISCOVER has been HEREBY PUT ON NOTICE that they are furnishing incorrect inaccurate information. In DISCOVER terms and conditions they agreed not to share my information with non affiliates. XXXX, XXXX, XXXX is not an affiliate of DISCOVER nor are they " bureaus ''. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization, I the consumer, may have given you written, non written, verbal, and nonverbal per 5 U.S. Code 552a. Per the FCRA as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given you written, non written, verbal, and non verbal per 15 USC 6802. I shall also point out their responsibility pursuant 15 U.S. Code section 1681s-2 ( a ) ( XXXX ) ( B ) ( XXXX ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION XXXX ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. DISCOVER can not collect on a XXXX debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate! I provided supporting law from the IRS website. By XXXX, the IRS Clearly says a Cancelled debt or XXXX off is XXXX. The reporting of this account as a debt is inaccurate. I never received a XXXX from DISCOVER for the cancelled debt in order to file as ordinary income. Where is my XXXX because clearly writing off debt with the IRS without XXXX out XXXX as required by the IRS for debts greater XXXX { { {$600.00} } } is unlawful. DISCOVER must also refund the remaining balance of the consumer account upon its termination. This is your 7 day notice to return ALL money due from this consumer account. XXXX Treatment of credit balances ; account termination. ( a ) Credit balances. When a credit balance in excess of { { {$1.00} } } is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( XXXX ) Credit the amount of the credit balance to the consumer 's account ; ( XXXX ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; ( XXXX ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than XXXX months. Lastly, DISCOVER 'S failure to process the negotiable instrument submitted as mandated by law, along with the securities violations and other misconduct outlined above, constitutes a breach of contract and applicable law.