Consumer complaint received 2020-06-10
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: DISCOVER BANK (LA)

Complaint:
Please accept this formal complaint against Discover Financial. This bank is engaged in unlawful practices and predatory lending which undermines the financial sanctity of our society. I am a victim of Discover Financials unethical, immoral, and illegal handling of me as a victim of identity theft as outlined in this missive. 

I pray that you investigate and take all appropriate action in this matter. 

The above subject matter is in reference to an unfair and erroneous reporting for Account Number ending in XXXX in which Discover served as a lender. 
In summary, sometime during XX/XX/XXXX, Discover illegally issued the above-mentioned credit card in my name to my former address. I discovered the identity theft in XX/XX/XXXX. I notified the credit bureaus and Discover. Discover illegally verified with the credit bureaus that the account belonged to me. I contacted Discover and sent them several pieces of documentation proving that the account could not possibly be mine. Discover put the matter under investigation. Months went by and I had not heard from Discover however the fraudulent account was still, and still is reporting on my credit profiles. I was constantly faxing and submitting information to Discover as every time I called, I got a different representative. I faxed, certified mailed and emailed as I was told by various representatives as all proves are enclosed. To date, Discover has not removed this fraudulent account from my credit report. In face without any notice given to me, in contravention of the law, Discover further exacerbated this issue by denying my fraud dispute with the credit bureaus. Since then, I have continued to bear the financial burden of an account that was illegally opened by their company because of their fraudulent, erroneous and unfair credit reporting. 
Under Louisiana Revised Statutes Tit. 9, 3568 ( B ) and State Identity Theft and Credit Reporting Statutes, Each creditor who grants credit as a result of information which was obtained through an identity theft shall make available to the victim of the identity theft application information and transactional information, such as a copy of one or  more complete monthly billing statements prepared in the regular course of business by a financial institution, in the possession of the creditor which the victim needs to undo the effects of the identity theft. Prior to providing information to the victim, the creditor or its representative may require the victim to submit a written statement, dated and signed by the victim of identity theft, which ( a ) provides information sufficient to verify the identity of the victim and the existence of an identity crime, including a copy of the police report and a copy of the victim 's state-issued identification card, and ( b ) states that the consumer authorizes disclosure of the information, and ( c ) identifies the information the victim requests to be disclosed. On the other hand, the Fair Credit Reporting Act, Section 623 ( a ) ( 6 ) ( 15 U.S.C. 1681 ) All furnishers must have in place reasonable procedures  to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. Section 623 ( a ) ( 2 ). When any furnisher of information is notified pursuant to the  procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615 ( f ). 
It is based on their continued unfair and erroneous reporting of the above named account and their contravention of the above laws that I have written to them in the past, including a letter addressed to the Bank in XX/XX/XXXX, which the bank sent me back a request for information. In the letter, I specifically requested that Discover investigate as outlined in 15 U.S.C. 1681s-2 and demanded a full account validation and requested that pursuant to Louisiana Revised Statutes Tit. 9. 3571.1, the validation be in the form of a notarized statement with a person with the knowledge of the debt. Additionally, I requested that Discover Financial send me an explanation of the methods used, and the description of the records reviewed in the process of the investigation. Discover sent me forms to fill out and have notarized, additionally they had me file an ID Theft Report and send them copies of my drivers license and billing statements proving my address during the time this account was opened. Which I complied with several times. All my efforts proved futile because of their giving me the run around.

Company response to consumer: Closed with non-monetary relief