Consumer complaint received 2020-07-20
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: DISCOVER BANK (PA)

Time Sensitive XX/XX/2020 Discover Financial Services XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX Account Numbers : XXXX To Whom This May Concern : I am writing to dispute fraudulent charges on my Discover card account. I am a victim of identity theft, and I did not make these charges. I request that you remove the fraudulent charges and any related finance charge and other charges from my account. You marked this account as closed and charged off. 

You already have my Identity Theft Reporting documents supporting my position, and a copy of my credit report showing the fraudulent purchases items related to your company that are the result of identity theft. Also enclosed is a copy of the Notice to Furnishers issued by the Federal Trade Commission, which details your responsibilities under the Fair Credit Reporting Act as an information furnisher to CRAs. The Notice also specifies your responsibilities when you receive notice from a CRA, under section 605B of the Fair Credit Reporting Act, that information you provided to the CRA may be the result of identity theft. Those responsibilities include ceasing to provide the inaccurate information to any CRAs and ensuring that you do not attempt to sell or transfer the fraudulent debts to another party for collection. This request is made pursuant to the Fair Credit Billing Acts amendments to the Truth in Lending Act, 15 U.S.C. 1666-1666b, 12 C.F.R. 226.13. See also 12 C.F.R. 226.12 ( b ). 

Account applications made on paper, online, or by telephone Application records or screen prints of internet/phone applications Account statements or invoices Records of payment or charge slips Delivery addresses associated with the account Records of phone numbers used to activate or access the account Signatures on all applications and accounts Stop reporting information about the debt to credit reporting companies Expired Statute of Limitations 6 years in Pennsylvania This letter is to inform you that I am aware of my rights under the Fair Debt Collection Practices Act and my state laws. I have verified through my states Attorney General that the Statute of Limitations for enforcing this type of debt through the courts in Pennsylvania has expired ( see attachment ). Therefore, should you decide to pursue this matter in court, I intend to inform the court of the expired Statute of Limitations.

This letter will serve as your formal notification that I consider this matter closed and ask that you or anyone else from your company stop contacting me regarding this fraudulent debt matter, except to advise me that your debt collection efforts are ceasing or that a specific action allowed by the Fair Debt Collection Practices Act or my state laws, will be taken. Please be advised that I consider any contact not in compliance with the Fair Debt Collection Practices Act to be a serious violation of the law. Please use the attachment provided form IRS-1099c to write off this fraudulent debt and crease reporting me to the nationwide credit bureaus ( CRAs ).

I will immediately report any violations to the proper authorities and take whatever legal action is necessary to stop this contact.

Thank you for your cooperation. 

Sincerely, Cc : Consumer Financial Protection Bureau Cc : Pennsylvania Office of Attorney General XXXX XXXX XXXX, PA XXXX Cc : Pennsylvania Unfair Trade Practices and Consumer Protection Law ( UTPCPL ) Cc : XXXX XXXX XXXX