Consumer complaint received 2025-02-18 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: DISCOVER BANK
State: NY

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Subject : Formal Complaint Violation of Consumer Laws and UCC Rights Regarding Re-Insertion of XXXX XXXXXXXX Account Dear XXXX Dispute Department , I am writing to formally file a complaint regarding the results of your reinvestigation of my previous dispute concerning the Discover charge-off account on my credit report. As indicated in your correspondence dated [ Insert Date from XXXX XXXX ], this account was deleted and subsequently re-added. I assert that this action is in direct violation of federal consumer laws and my rights as a secured party under XXXX ( Uniform Commercial Code ) laws. 

Attached Documents : Copy of XXXX 's reinvestigation results letter. 
Previously filed FTC affidavit. 
Previous CFPB complaint number : XXXX. 
Violation of Consumer Laws Under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, credit reporting agencies are mandated to ensure the maximum accuracy of information on consumer reports. It is unlawful under 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) to reinsert previously deleted information unless the furnisher of that information certifies its accuracy. I demand proof that such certification was provided by Discover before this account was re-added. 

XXXX XXXXXXXX and Reporting of Charge-Off Accounts According to the XXXX XXXX accounts are considered forgiven debt, which constitutes taxable income rather than a credit obligation. As forgiven debt is categorized as income, it is not permissible for such to be reported on a consumer credit report, as income is not a tradeline under the FCRA. Re-inserting this account violates 15 U.S.C. 1681c ( a ) ( 4 ), which prohibits obsolete and inaccurate information. 

Violation of XXXX Rights as a Secured Party I am a secured party creditor with a XXXX filing, which establishes my status under XXXX laws. As a secured party, I possess the legal right to control the narrative of my credit and financial dealings. Re-inserting the Discover charge-off account infringes upon my secured party rights under XXXX XXXX  XXXX, which governs the perfection and priority of security interests. XXXX has overstepped by disregarding my standing and lawful claim. 

Demands and Resolution I am demanding the immediate and permanent removal of the Discover charge-off account from my credit report. Additionally, I require : Written confirmation of the deletion within XXXX  days. 
A detailed explanation of the procedures followed that led to the reinsertion. 
Proof that Discover provided certification of the accounts accuracy prior to reinsertion, as mandated by law. 
Assurance that no further violations of my consumer and XXXX rights will occur. 
Failure to comply with these demands will leave me no choice but to escalate this matter by filing additional complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and pursuing legal action to enforce my rights. 

Conclusion XXXX has acted unlawfully by re-adding the Discover charge-off account to my credit report. This is a clear violation of FCRA provisions and my secured party rights under XXXX laws. I expect swift corrective action to rectify this matter immediately. 

I anticipate your prompt attention and response to this serious issue. 

CC : DISCOVER Sincerely, XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX

Company response to consumer: Closed with explanation