Consumer complaint received 2024-06-14
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 (GA)

I am writing a formal complaint to DIscover Bank as I have formally made them aware of the fact that I am exercising my right to opt out of all authorizations previously given, effective immediately and indefinitely. This includes all forms of authorizations per 15 USC 6802.

My report shows records of a reporting of an item that violates my consumer rights.

I demand Discover Bank update its records immediately and cease any unauthorized use of my information immediately. I will upload a copy of this letter of this dispute and also an invoice for damages.

Legal Basis for Dispute : Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681 Section 602 ( a ) : " 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 and XXXX, as consumer reporting agencies, are obligated to respect my privacy rights as a consumer. 

Gramm-Leach-Bliley Act ( GLBA ) - 15 U.S.C. 6801 : " It is the policy of 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. '' As a financial institution, [ Furnisher of Information to Credit Agencies ] must adhere to these obligations.

FCRA - 15 U.S.C. 1681 Section 604 ( a ) ( 2 ) : " A 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. '' I have not provided written consent to XXXX, XXXX, or [ Furnisher of Information to Credit Agencies ] to share my information.

GLBA - 15 U.S.C. 6802 ( b ) ( c ) : " 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. '' [ Furnisher of Information to Credit Agencies ] did not inform me of my right to opt out, violating this provision.

FCRA - 15 U.S.C. 1681c ( a ) ( 5 ) : " 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. '' The reported adverse item violates this statute.

FCRA - 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) : " 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. '' [ Furnisher of Information to Credit Agencies ] and the reporting agencies have furnished inaccurate information.

FCRA - 15 U.S.C. 1681e : " 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 and XXXX have failed to maintain these procedures. 

12 CFR 1016.7 : " A consumer may exercise the right to opt out at any time. '' I am formally opting out of your reporting services. 

I demand that Discover Bank cease sharing my nonpublic personal information with any non-affiliated third parties and confirm receipt and implementation of my opt-out request promptly.