Consumer complaint received 2024-11-10 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: DISCOVER BANK
State: FL

Complaint narrative:
Subject : Formal Dispute of Fraudulent Account - Failure to Comply with FCRA Dear Sir/Madam I am writing regarding the fraudulent account associated with " Discover '' account number XXXX XXXX ... .... that appears on my credit report. This card or account is currently in a charged off status. As a victim of identity theft, I previously submitted an identity theft affidavit to you and the credit bureaus requesting the immediate removal of this fraudulent account. I am alarmed that, to date, no action has been taken to remove this account, which is not only a direct violation of my rights under the Fair Credit Reporting Act ( FCRA ) but also a serious oversight on your part. According to the Fair Credit Reporting Act, I quote the following section. 
FCRA 605B ( 15 U.S.C. 1681c-2 ) ( a ) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. ( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) of this section ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block. ( End of quote ).

The address linked with this account does not belong to me and is not listed in any of my legitimate credit records. Therefore, it is clear that this account is both fraudulent and incorrect. Your failure to remove this information, despite being formally notified, is a violation of Section 605B of the FCRA, which entitles identity theft victims to the removal of inaccurate information from their credit reports promptly. 

In addition to FCRA provisions, case laws such as XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), have established that credit bureaus are required to conduct a reasonable investigation when a consumer disputes the accuracy of their report. The U.S. Court of Appeals in XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), reinforced this by clarifying that credit bureaus have a duty to ensure accurate reporting and respond to disputes in a timely manner. 
Under FCRA violations, penalties can include statutory damages of up to {$1000.00} per violation, actual damages, punitive damages for willful non-compliance, and attorneys fees. By not removing the fraudulent " Discover '' account promptly, your bureau is exposing itself to such liabilities. 
Please take this as a formal request to remove the fraudulent account immediately. Should there be further delay or non-compliance, I am prepared to take legal action and pursue all available remedies, including damages and statutory penalties under the FCRA. 
Thank you for addressing this issue promptly.

Company response to consumer: Closed with explanation