Consumer complaint received 2024-03-25
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 (TN)

[ Discover Financial Services , Inc. ] [ Discover Card, XXXX XXXX XXXX, XXXX XXXX XXXX, UT XXXX ] IN REGARDS TO ACCOUNT # XXXX I am writing to notify you of a grave violation of my consumer rights under the Fair Credit Reporting Act ( FCRA ), specifically regarding the reporting of my transaction history with your institution to consumer reporting agencies [ XXXX XXXX XXXX XXXX XXXX XXXX, and others 15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

15 U.S. Code 1681a The term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Upon reviewing my consumer report, I was dismayed to discover that your institution has purposefully included transaction and experience information that should not be reported, as delineated in the FCRA. This violation directly contravenes U.S. Code 1681a, which explicitly excludes from the definition of a " consumer report '' any report containing information solely pertaining to transactions or experiences between the consumer ( myself ) and the entity furnishing the report ( your institution ).

Furthermore, I demand that you ensure my payment history accurately reflects the provisions outlined in U.S. Code 1666b. This statute mandates that a creditor may not treat a payment on a credit card account as late unless reasonable procedures have been adopted to ensure that each periodic statement, including requisite information, is mailed or delivered to the consumer not later than XXXX  days before the payment due date.

I hereby demand immediate corrective action to rectify this violation. Specifically, I request that you remove the unauthorized transaction and experience information from my consumer report and ensure that my payment history adheres to the timing requirements stipulated in U.S. Code 1666b. 

Failure to comply with these demands within [ XXXX business days ] will leave me with no recourse but to pursue legal action to enforce my rights under the FCRA. As stipulated by the FCRA, violations of consumer rights may result in severe consequences, including but not limited to statutory damages, punitive damages, attorney fees, and injunctive relief.

Your institution 's expeditious attention to and resolution of this matter are imperative. I anticipate receiving confirmation of the corrective measures taken within the specified timeframe. Your cooperation in rectifying this violation promptly is greatly appreciated.

Thank you for your immediate attention to this matter. 

Sincerely, XXXX XXXX