Consumer complaint received 2024-11-16 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Credit inquiries on your report that you don't recognize
Company: DISCOVER BANK
State: IL

Complaint narrative:
On XX/XX/XXXX, I mailed a dispute and request to XXXX requesting certification under FCRA section 604 ( a ) ( 2 ) as instructed by me that I gave permission to disseminate my credit report. I am writing to formally file a complaint against XXXX regarding multiple unauthorized disclosures of my credit report to creditors included in my XXXX  XXXX Bankruptcy proceedings, as well as other violations of the Fair Credit Reporting Act ( FCRA ). These unauthorized actions have caused significant harm to my credit and have been done without my consent or any permissible purpose. 

Background and Unauthorized Credit Report Disclosures : In XXXX, I filed for XXXX XXXX Bankruptcy, and as part of that process, certain accounts were XXXX, including those with XXXX XXXX XXXX ( Account Ending # XXXX ), XXXX XXXX XXXX Account Ending # XXXX ), and XXXX XXXX XXXX XXXX However, XXXX continued to disseminate my credit report to these and other creditors despite the discharge of these debts. 

XXXX XXXX XXXX  ( Account Ending # XXXX ) : This account was included in my XXXX XXXX Bankruptcy and XXXX in XXXX. Despite this, XXXX continued to report a balance on this account for XXXX months, from XXXX through XXXX, and shared my credit report with XXXX XXXX XXXX without any permissible purpose. 

XXXX XXXX XXXX Account Ending # XXXX ) : Similarly, this account was included in the bankruptcy, but XXXX continued to report it as a charge-off, which is inaccurate and misleading. This reporting is contrary to the discharge of the debt, and XXXX had no legal basis for continuing to share this information with creditors. 

Discover Financial Services : XXXX provided my credit report to Discover Financial Services on several occasions, including : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX However, Discover Financial Services has sent me a letter dated XX/XX/XXXX, confirming that they have not placed any credit inquiries on my report. I am submitting this correspondence as evidence that these credit inquiries were unauthorized. 

XXXX XXXX XXXX  : This account was also included in my XXXX XXXX Bankruptcy, and XXXX provided my credit report to Fifth Third Bank on multiple occasions : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Since this debt was discharged, these actions constitute unauthorized access to my credit report and violations of the FCRA. 

Request for Compensation and Remediation : These unauthorized disclosures have caused significant damage to my credit, and I am requesting the following remedies : Statutory Damages : I am requesting {$38000.00} in statutory damages under the Fair Credit Reporting Act ( FCRA ) for these violations, which I understand are actionable under Section 1681n of the FCRA, which allows for recovery of actual or statutory damages up to {$1000.00} per violation. 

In addition to the damages for unauthorized access to my credit report, I am also entitled to statutory damages for willful noncompliance by XXXX under Section 1681n of the FCRA. 

Inquiries Removal : I am requesting that all unauthorized credit inquiries be deleted from my credit report, including those made by XXXX XXXX XXXX, XXXX XXXX XXXX Discover Financial Services, and XXXX XXXX XXXX , as they were not made with a permissible purpose under Section 604 ( a ) ( 2 ) of the FCRA.

Cease Unauthorized Access : I request that XXXX cease disclosing my credit report to these creditors and any other unauthorized parties. Any future disclosures should only occur with written consent from me, in accordance with the requirements of the FCRA. 

Legal Support and Case Law : The actions of XXXX in disseminating my credit report without a permissible purpose and continuing to report inaccurate information violate the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ), specifically Sections 604 and 1681n. These statutory violations have been addressed in case law within the XXXX XXXX and across federal courts, which have consistently held that consumers are entitled to damages for improper reporting and disclosure. 

FCRA Section 604 ( a ) ( 2 ) limits who can access a consumers credit report to those with a permissible purpose. 
FCRA Section 1681n provides for statutory damages of up to {$1000.00} per violation for willful noncompliance. 
Case law supports that reporting of discharged debts post-bankruptcy or the unauthorized access to consumer credit reports is an actionable violation under the FCRA. 
I am attaching all relevant documentation, including my XXXX XXXX Discharge Order, correspondence from Discover Financial Services, and any other evidence supporting my claim. 

Conclusion : I respectfully request that the Consumer Financial Protection Bureau ( CFPB ) investigate these actions and assist in securing the requested {$38000.00} in statutory damages for these violations, as well as require XXXX to remove the unauthorized inquiries from my credit report and cease further unauthorized disclosures. My consumer report has had a freeze for well over XXXX months, and these unauthorized inquiries are unlawful and in violation of my rights. XXXX has a history of requesting copies of an individual 's id and social security when it was included in the original dispute as a stalling tactic. Exhibits of correspondence attached, dated XX/XX/XXXX. 

Thank you for your attention to this matter. Please confirm receipt of this complaint and keep me informed of any developments. Should you need any further information contact me. 

Sincerely, XXXX XXXX Enclosures : Consumer Report showing unauthorized inquiries XXXX  XXXX Discharge Order Correspondence from Discover Financial Services ( XX/XX/XXXX ) Additional Exhibits as Relevant

Company response to consumer: Closed with non-monetary relief