Consumer complaint received 2025-07-07 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: DISCOVER BANK
State: TX

Complaint narrative:
Discover Financial Services XXXX. XXXX XXXX XXXX XXXX XXXX, UT XXXX Subject : Dispute of Inaccurate Credit Reporting Discover Card Account # XXXX XXXX XXXX XXXX XXXX  Demand for Permanent Deletion and Compensation Dear Sir or Madam, Pursuant to 15 U.S.C. 1681i ( a ) of the Fair Credit Reporting Act ( FCRA ), I am submitting this Automated Credit Dispute Verification ( ACDV ) request to dispute inaccurate, unverifiable, and non-compliant information reported on my credit file for the above-referenced Discover Card account. The reporting contains multiple violations of FCRA, FDCPA, Metro 2 standards, and potentially 18 U.S.C. 1343 ( wire fraud ). I demand the immediate investigation, correction, or permanent deletion of all inaccurate data, along with compensation for damages caused by these reporting errors, as authorized under 15 U.S.C. 1681n and 1681o. 
Account Information Account Number : XXXX XXXX XXXX XXXX XXXX Account Type : Revolving, Credit Card Furnisher : Discover Financial Services Reported to : XXXX XXXX XXXX  Identified Inaccuracies and Violations The following inaccuracies and violations are present in the credit reporting for this account across all three credit bureaus : 1. Incorrect Date of First Delinquency ( DOFD ) Violation : 15 U.S.C. 1681c ( a ) ( 4 ) requires accurate reporting of the DOFD, which marks the start of the seven-year obsolescence period for derogatory accounts. The DOFD is inconsistently reported or unverifiable across bureaus : XXXX : Not explicitly reported but implied via payment history ( XXXX XXXX  in XX/XX/XXXX ). 
XXXX  : Not explicitly reported but implied via payment history ( first CO  in XX/XX/XXXX ). 
XXXX  : Not explicitly reported but implied via payment history ( first CO  in XX/XX/XXXX ). 
Issue : The DOFD must be consistent and verifiable under Metro 2 guidelines ( Field 35, Date of First Delinquency ). Inconsistent or missing DOFD reporting violates FCRA 1681e ( b ), which mandates reasonable procedures to ensure maximum possible accuracy. See Gorman v. Experian Info. Sols., Inc. , 803 F. Supp. 2d 1108 ( N.D. Cal. 2011 ), where inaccurate DOFD reporting was deemed a violation of FCRA. 
Demand : Verify the exact DOFD with original account records. If unverifiable, delete the account per 15 U.S.C. 1681i ( a ) ( 5 ) ( A ).

2. Inaccurate Account Status and Payment History Violation : Metro 2 standards ( Consumer Data Industry Association, CDIA ) require accurate reporting of account status ( Field 17A ) and payment history ( Field 24 ). The reported statuses show discrepancies : XXXX  : Collection/Chargeoff with a balance of {$660.00}, despite a Charged off as bad debt comment and no monthly payment obligation. 
XXXX  : Collection/Chargeoff with a balance of {$660.00}, but a credit limit of {$500.00} and high credit of {$0.00}, which is inconsistent. 
XXXX  : Charged off account with a credit limit of {$0.00} and high credit of {$660.00}, contradicting Metro 2 reporting standards for charged-off accounts. 
Payment history shows sporadic CO ( Charge Off ) and OK statuses without clear justification, violating Metro 2s requirement for consistent status updates ( e.g., a charged-off account should not revert to OK ). 
Issue : Inaccurate status reporting misleads creditors and violates 15 U.S.C. 1681e ( b ). See Saunders v. Branch Banking & Trust Co., 526 F.3d 142 ( 4th Cir. 2008 ), where failure to correct inaccurate status reporting resulted in liability for willful noncompliance. 
Demand : Provide documentation verifying the account status and payment history for each reported month. If unverifiable, delete per 15 U.S.C. 1681i ( a ) ( 5 ) ( A ).

3. Inconsistent Balance and Credit Limit Reporting Violation : Metro 2 Field 19 ( Current Balance ) and Field 20 ( Credit Limit ) must reflect accurate and consistent values. The reported data is inconsistent : XXXX : Balance {$660.00}, Credit Limit {$500.00}, High Credit {$720.00}. 
Experian : Balance {$660.00}, Credit Limit {$500.00}, High Credit {$0.00}. 
XXXX  : Balance {$660.00}, Credit Limit {$0.00}, High Credit {$660.00}. 
Issue : These discrepancies suggest a failure to follow reasonable procedures to ensure accuracy, violating 15 U.S.C. 1681e ( b ). Additionally, reporting a balance on a charged-off account without a corresponding monthly payment obligation is misleading and violates FCRA. See Dalton v. Capital Associated Indus., Inc. , 257 F.3d 409 ( 4th Cir. 2001 ). 
Demand : Verify the balance, credit limit, and high credit with original account records. If unverifiable, delete the account. 
XXXX. Failure to Conduct Reasonable Investigation Violation : Under 15 U.S.C. 1681s-2 ( b ), furnishers ( Discover ) must conduct a reasonable investigation of disputed information, review all provided dispute information, and correct or delete unverifiable data. The XXXX systems automated handling of disputes often fails to meet this standard, as noted in Seamans v. Temple Univ., 744 F.3d 853 ( 3d Cir. 2014 ), where reliance on automated systems without substantive review was deemed inadequate. 
Issue : The inconsistent and unverifiable data across bureaus suggests Discover failed to conduct a proper investigation, violating FCRA 1681s-2 ( b ).

Demand : Conduct a manual investigation with original account records and provide proof of verification. If unverifiable, delete the account.

5. Potential Wire Fraud via XXXX Violation : Transmitting misleading or false information through XXXX, an electronic system, may constitute wire fraud under 18 U.S.C. 1343 if done with intent to deceive. The inconsistent DOFD, status, and balance reporting suggest reckless or intentional misrepresentation. 
Issue : False data transmitted electronically harms my creditworthiness and violates FCRAs accuracy requirements. 
Demand : Provide evidence that all reported data was verified with original records before transmission via XXXX. If unverifiable, delete the account and investigate potential wire fraud violations. 
XXXX. FDCPA Violations Violation : If Discover or a third-party collector reported this account, any misleading or harassing communication violates 15 U.S.C. 1692e ( FDCPA ), which prohibits false or misleading representations in debt collection. Reporting an unverifiable debt as a charge-off is deceptive. 
Issue : The inconsistent reporting across bureaus suggests an attempt to collect an unverifiable debt, violating FDCPA.

Demand : Provide proof of debt validation under 15 U.S.C. 1692g. If unverifiable, cease collection and delete the account.

Legal Basis for Dispute FCRA 1681e ( b ) : Requires reasonable procedures to ensure maximum possible accuracy. Inconsistent DOFD, status, and balance reporting violate this provision.

FCRA 1681i ( a ) : Mandates a reasonable investigation of disputed information. Automated XXXX processing without manual verification is insufficient. 
FCRA 1681s-2 ( b ) : Furnishers must verify disputed data and correct or delete inaccuracies.

FDCPA 1692e : Prohibits false or misleading representations in debt collection.

18 U.S.C. 1343 : Transmitting false data electronically with intent to deceive may constitute wire fraud.

Metro 2 Compliance : CDIA guidelines require consistent and accurate reporting of DOFD, account status, balance, and credit limit.

Case Law : Gorman v. Experian Info. Sols., Inc. ( 2011 ) : Inaccurate DOFD reporting violates FCRA .

Saunders v. Branch Banking & Trust Co. ( 2008 ) : Failure to correct inaccurate status reporting is willful noncompliance.

Seamans v. Temple Univ. ( 2014 ) : Automated dispute processing without substantive review violates FCRA 1681s-2 ( b ).

Requested Actions 1. Immediate Investigation : Conduct a manual investigation of the disputed account per 15 U.S.C. 1681i ( a ) and 1681s-2 ( b ). Provide copies of all original account records used to verify the reported data ( e.g., account agreement, payment records, charge-off documentation ). 
XXXX. Permanent Deletion : If any information ( DOFD, status, balance, credit limit, payment history ) can not be verified with original records, permanently delete the account from my credit file across all bureaus per 15 U.S.C. 1681i ( a ) ( XXXX ) ( A ). 
XXXX. Compensation for Damages : The inaccurate reporting has caused financial and emotional harm, including potential credit denials and distress. I demand compensation for actual damages under 15 U.S.C. 1681o and statutory damages up to {$1000.00} per violation under 15 U.S.C. 1681n for willful noncompliance. Additionally, I reserve the right to seek punitive damages for reckless reporting practices.

4. Cease Collection : If this account is in collection, cease all collection activities until the debt is validated per 15 U.S.C. 1692g.

5. Correct Metro 2 Reporting : Ensure all fields ( DOFD, status, balance, credit limit ) comply with Metro 2 standards and accurately reflect my role as an individual account holder.

6. Provide Updated Credit Report : Send a corrected credit report reflecting the deletion or correction of the disputed account. Reservation of Rights I reserve all rights under UCC 1-308 ( Without Prejudice ) and will pursue legal action if this dispute is not resolved within XXXX  days, as required by 15 U.S.C. 1681i ( a ) ( 1 ). Failure to comply may result in a complaint to the Consumer Financial Protection Bureau ( CFPB ) and legal action for actual, statutory, and punitive damages XX/XX/XXXX Subject : Cease and Desist All Communication Account # [ Account Number, if known ] Dear [ Creditor/Debt Collector Name ], Under the authority of the Fair Credit Reporting Act ( FCRA ) ( 15 U.S.C. 1681 ) and the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692 ), I demand that you immediately cease all communication with me, including but not limited to phone calls, emails, text messages, letters, and credit reporting activities, regarding the alleged account referenced above. 
Your failure to properly verify the alleged debt, as required by FCRA 1681i and FDCPA 1692g, constitutes harassment and non-compliance with federal law. Pursuant to FDCPA 1692c ( c ), I hereby revoke any prior consent for communication. Any further contact or reporting of unverified information to credit reporting agencies violates FCRA 1681s-2 ( b ) and will be considered willful non-compliance, subjecting you to liability under FCRA 1681n and FDCPA 1692k.

This letter serves as a formal dispute under the FCRA and an Automated Credit Dispute Verification ( ACDV ) request. You are required to : Cease all communication with me in any form. 
Remove any unverified or inaccurate information from my credit reports with all credit reporting agencies ( XXXX, XXXX, XXXX  ). 
Provide proof of verification compliant with FCRA 1681i ( a ) ( XXXX ) if you claim the debt is valid. 
Failure to comply within XXXX  days will result in complaints filed with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ), as well as potential legal action for statutory damages. 
This notice is sent in good faith and is OCRA-compliant ( Online Credit Repair Act principles ) to ensure fair and lawful treatment. Govern yourself accordingly. 
Sincerely,

Company response to consumer: Closed with explanation