Consumer complaint received 2024-05-19
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)

What happened? 

I am filing this complaint because despite opting out of the reporting of my credit card utilization, DiscoverBank continues to report this information. My DiscoverBank account was opened on XXXXXX/XX/year>. This continued reporting is negatively affecting my credit score and is in violation of my rights under the Fair Credit Reporting Act ( FCRA ).

Relevant USC Codes : 1. 15 U.S. Code 1681b - Permissible purposes of consumer reports - This section specifies the circumstances under which a consumer reporting agency may furnish a consumer report. Continuing to report my credit utilization without my consent violates this code.

2. 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports - This section stipulates that consumer reporting agencies must only include accurate and relevant information. Reporting my credit utilization despite my opt-out request is a violation of this requirement.

3. 15 U.S. Code 1681i - Procedure in case of disputed accuracy - This section requires consumer reporting agencies to reinvestigate and correct inaccurate information in a consumer 's file. Despite my request, DiscoverBank has failed to correct the issue. 

4. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies - This section mandates that information provided to consumer reporting agencies must be accurate and complete. DiscoverBanks continued reporting of my credit utilization violates this responsibility.

5. 15 U.S. Code 1681n - Civil liability for willful noncompliance - This section states that any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer or damages of not less than {$100.00} and not more than {$1000.00}. 

6. 15 U.S. Code 1681o - Civil liability for negligent noncompliance - This section stipulates that any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer.

7. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information - This section requires financial institutions to provide clear and conspicuous notice of their privacy policies and practices, including the right to opt-out of certain information sharing. DiscoverBanks failure to honor my opt-out request violates this provision.

8. 12 CFR 1016.4 - Initial privacy notice to consumers required - This regulation requires financial institutions to provide a clear and conspicuous notice that accurately reflects their privacy policies and practices. DiscoverBanks continued reporting of my credit utilization despite my opt-out request indicates non-compliance with this regulation. 

9. 12 CFR 1016.7 - Form of opt-out notice to consumers ; opt-out methods - This regulation specifies that consumers must be given a reasonable means to opt-out of information sharing. DiscoverBanks continued reporting indicates a failure to provide or honor a reasonable opt-out method.