Consumer complaint received 2024-03-15
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 (FL)

According to the Fair Credit Reporting Act 15 USC 1681 section 604a section 2 states that In general Subject to subsection ( c ), any 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. The financial institutions Discover Bank, XXXX XXXX XXXX XXXX, XXXX XXXXk and the consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish this information and they absolutely do not have my written consent. This is backed by Privacy Act of 1974 ( 5 USC 552a ) which states ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. This includes consumer reports. ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. This means prior written instruction of the individual to whom it relates is needed. Section 3711 ( e ) of title 31 states ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; Either way the financial institution and credit reporting agencies have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974. All consent to XXXX, XXXX, XXXX, Discover Bank, XXXX XXXX XXXX XXXX, XXXXXXXX XXXX  whether it be verbal, non-verbal, implied, written or otherwise is revoked. 15 USC 1681 section 602a states There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. XXXX, XXXX and XXXX are consumer reporting agencies, and I am the consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states It is the policy of the 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. Discover Bank, XXXX XXXX XXXX XXXX, XXXXXXXX XXXX are financial institutions by definition under that title. 15 USC 6802b ( 1 ) ( C ) states that 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. Discover Bank, XXXX XXXX XXXX XXXX, XXXXXXXX XXXX never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states 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. This account is an adverse item they are reporting again without my permission, which is against the law. 15 USC 1681a ( 2 ) ( A ) ( i ) states Exclusions, report containing information solely as to transactions. XXXX, XXXX, XXXX, Discover Bank, XXXX XXXX XXXX XXXX, XXXX XXXX  report transaction history which is illegal and should reflect paid in full every month. 15 USC 1681s2 ( A ) ( 1 ) A states 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. 15 USC 1681e states 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, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that A consumer may exercise the right to opt out at any time.