Consumer complaint received 2024-11-14 00:00:00
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
State: GA

Complaint narrative:
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

Under the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S. Code 1692c ( c ), consumers have the right to request that a debt collector ceases further communication regarding a debt. When a consumer sends a written request or informs the collector that they refuse to pay, the collector is legally obligated to stop contacting the consumer, with only a few exceptions. Heres a breakdown of what this provision entails and how it might impact your credit profile : 1. Purpose of 1692c ( c ) : This section allows consumers to regain control over communications from debt collectors. Once a collector receives a written cease communication request or a clear statement of refusal to pay, they must comply by stopping most forms of contact.

2. Exceptions to the Rule : After a 1692c ( c ) request, a collector can still contact the consumer to : Inform them that collection efforts will cease.

Notify them of any specific legal actions the collector or creditor intends to take.

Confirm or provide additional information regarding the debt.

3. How 1692c ( c ) Impacts Credit Reporting : Requesting a cessation of communication does not directly remove a debt from your credit report. It stops communication but does not erase the debt or affect its validity. However, if a debt collector violates this provision, you may have grounds to dispute the debt if it continues to appear on your report or if communication persists in violation of the law.

4. Challenging Debt Legitimacy : Although 1692c ( c ) does not remove a debt from a credit profile, you can dispute inaccurate or outdated debt entries separately under the Fair Credit Reporting Act ( FCRA ). If successful, such a dispute can lead to the debt being corrected or removed.

5. Steps if Debt Remains on Credit Profile After Request : You may need to submit disputes to the credit reporting agencies, providing any evidence of the written 1692c ( c ) request. This can bolster your case for removal if the debt remains inaccurately listed as unresolved or active in collections.

This section ensures peace from collection calls but doesnt erase the record of debt ; however, it provides leverage if the collector violates these rules.

C

Company response to consumer: Closed with non-monetary relief