Consumer complaint received 2022-06-18
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: DISCOVER BANK (NY)

XXXX and XXXX are reporting a Discover Account under the account # XXXX under my credit report without my consent and under the violation of 15 USC Laws as described : ATTENTION : ( Discover Fin SVCS LLC ) XXXX XXXX RE : XXXX ( XXXX ) XXXX XXXX. This Affidavit of Fact is Pursuant to 15 U.S. Code 1692 ( a ) ( b ) which states that The Congress has found abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. These abusive practices contribute to the invasions of individual privacy among other things which you Discover Fin SVCS LLC are in violation as I never gave you my information directly ; 2. I a consumer in fact, agree with The Congress to eliminate abusive debt collection practices by debt collectors, and to promote consistent state action to protect consumers like me against debt collection abuses which you are attempting to do Pursuant to 15 U.S. Code 1692 ( e ) ; 3. Take Notice that Pursuant to 15 U.S. Code 1692a ( 2 ) the term communication means the conveying of information regarding a debt directly or indirectly to any person through any medium and in this specific case you Discover Fin SVCS LLC used email, postal service etc. to communicate indirectly with me a consumer who is defined Pursuant to 15 U.S. Code 1692a ( 3 ) as any natural person allegedly obligated to pay any debt ; 4. Take further notice that I am the true creditor Pursuant to 15 U.S. Code 1692a ( 4 ) which clearly states that a creditor is any person who extends credit creating a debt therefor I a consumer created the debt via my extension of credit to Discover Fin SVCS LLC ; 5. You Discover Fin SVCS LLC shall also know that the term debt defined under 15 U.S. Code 1692a ( 5 ) comprehensively states that it means any alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes ; 6. Notice that you are defined as a debt collector Pursuant to 15 U.S. Code 1692 ( 6 ) which states that a debt collector is any person who uses any instrumentality of interstate commerce via mail and is engaged in the principal purpose of collecting debt which you are attempting to do by communicating with me without my prior consent in direct violation of 15 U.S. Code 1692c ( a ) ( 1 ) ; 7. You Discover Fin SVCS LLC are also in violation of 15 U.S. Code 1692b ( 2 ) which states that you may not state that I a consumer owes any debt. Furthermore, you have attempted to communicate with me on multiple occasion which is a violation of 15 U.S. Code 1692b ( 3 ) ; 8. You are also in violation of 15 U.S. Code 1692e ( 2 ) ( A ) by giving false representation of the amount of debt allegedly owed and the false representation or deceptive means to attempt to collect any debt Pursuant to 15 U.S. Code 1692e ( 10 ) ; 9. Take further notice that Pursuant to 15 U.S. Code 1692e ( 9 ) articulates that the use or distribution of any written communication which creates a false impression as to its source, authorization, or approval as you Discover Fin SVCS LLC is stating that someone other then me a consumer in fact, is the creditor when I am the creditor Pursuant to 15 U.S. Code 1692a ( 4 ) ; 10. I hereby Demand! That you Discover Fin SVCS LLC cease and desist all communication and attempts to collect this alleged debt Pursuant to 15 U.S. Code 1692c ( c ) ; 11. Take further notice that your failure to follow these laws will result in me invoking specified remedies Pursuant to 15 U.S. Code 1692c ( 3 ). You have 10 days from the receipt of this notice to cease & desist all communication and remove all negative remarks from all three bureaus or I may seek damages Pursuant to 15 U.S. Code 1692k ( a ) ( 1 ) ( 2 ) ( A ) ( B ) ( 3 ) ( b ) ( 1 ) ( 2 ) ( d ). Additionally I DO NOT consent to any automated scan response or e- Oscar verification methods. TERMS DEFINED PURSUANT TO 15 U.S. CODE 1692a 1. The term communication means the conveying of information regarding a debt directly or indirectly to any person through any medium. 2. The term consumer means any natural person obligated or allegedly obligated to pay any debt. 3. The term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. 4. The term debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. 5. The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. 6. The term location information means a consumers place of abode and his telephone number at such place, or his place of employment.