Consumer complaint received 2024-07-03 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: DISCOVER BANK
State: TX

Complaint narrative:
DISCOVERY BANK is in clear violation of the law and is liable for all actual damages caused.This notice is regarding an installment account DISCOVER BANK furnished to the consumer reporting agencies with a balance of {$840.00} with 12 late transactions on ( XX/XX/scrub>XXXX XXXX 
Please provide me with a copy of the signed original agreement with my signature, your company has on file, that makes me liable for this installment debt you furnished to the consumer reporting agencies. 
If you can not provide this document, somebody used my information unauthorized to open this account, in which, the data you furnished to the consumer reporting agencies is a direct result of IDENTITY THEFT. 
Pursuant to 15USC1666 ( B ), I am requesting your company provide the statement with disclosure from 15USC1637 that was allegedly mailed to me 21 days before you furnished each of the 12 LATE TRANSACTIONS in the payment history of this alleged installment account with a balance of {$840.00}.

Pursuant to 15USC6802 ( B ), I am also requesting the full privacy disclosure your company allegedly provided me, before you disclosed my nonpublic personal information to the consumer reporting agencies to report this installment account, so that I may exercise my nondisclosure option if I please.

These documents verify the accuracy of the data you reported to the consumer reporting agencies using my nonpublic personal information and if you can not provide them, the tradeline account you reported must be removed or you are liable for your actions taken to harm my family and I financially.

15USC 1666 ( b ) states creditors can not report a LATE Transaction unless the statement including the disclosure from 1637 ( b ) was mailed 21 days before the late transaction was reported. Please provide the original statement you sent 21 days before each LATE TRANSACTION was reported. 15USC 1666 ( b ) ; ( a ) TIME TO MAKE PAYMENTS- A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

( b ) GRACE PERIOD If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. 
USC 6802 Section ( b ) OPT OUT ( 1 ) In General A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) Such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party.

( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party; and ( C ) The consumer is given an explanation of how the consumer can exercise that nondisclosure option.

According to 15USC 1681a ( 2 ) ( a ) ( i ) ; Exclusions from a Consumer Report ; My transactions to your company are EXCLUDED from my consumer report LATE OR NOT - ( 2 ) EXCLUSIONS Except as provided in paragraph ( 3 ), the term consumer report does not include all transactions or experiences between the consumer and the person making the report. 
Provide the documents I requested or DISCOVER BANK must remove the late transactions within the revolving account your company violated 15USC 1666 ( b ), 15USC 1681 ( 2 ) ( a ) ( i ), 15USC 6802 ( B ) using my personal information to report this data on my Experian consumer report immediately!

Failure to delete this account within 10 days of the receipt of this certified letter with right action, after violating my rights may result in a small claims action against your company for : 1 ) Identity Theft 2 ) Defamation 3 ) Violations Of Fair Credit Reporting Act 4 ) Financial Injury

Company response to consumer: Closed with non-monetary relief