Consumer complaint received 2024-05-26 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: CA

Complaint narrative:
Per the Federal Credit Reporting Act as a federally protected consumer, per 15 USC 6802 I am now OPTING OUT of ANY AND ALL Authorization I, the consumer may have given to Discover Bank written, unwritten, verbal or non verbal to report my nonpublic personal information. Discover Bank is in violation of the Privacy Act of 1974 as well as 12 CFR 1022.24 Reasonable opportunity to opt out because I was never notified by Discover Bank that my nonpublic personal information was going to be shared to non affiliated third parties such as XXXX and XXXX was NEVER NOTIFIED NOR GIVEN THE CHANCE TO OPT OUT. Also, 15 USC 6508 states that I have the option to opt out of any account reported to my credit report and I am supposed to receive an opt out notice every thirty ( 30 ) days which Discover Bank never sent to me. I am hereby exercising my rights under 16 CFR 313.7 Form of opt out notice to consumers. Also, Discover Bank violated the terms and conditions within their banking agreement, because Discover Bank states that they do not provide consumer information to third-parties which they violated by reporting my nonpublic personal information to the credit reporting agencies listed above. According to 15 USC 6802 B ) I am supposed to receive THREE different disclosures before my nonpublic personal information is shared but I never received notice.

I am hereby invoking all rights under to OPT OUT and to Privacy protected by 15 USC 6802 B, 12 CFR 1022.24, 15 USC 6508, 16 CFR 313.7, the Privacy Act of 1974 et al. Please see 15 USC 6802 B ) OPT OUT below. 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.

Finally, Discover Bank is in clear violation of 15 USC 45 - Unfair methods of competition for their failure to update the records after receiving tender of the full balance of the debt in accordance with the Electronic Funds Transfer Act as well as their acts of securities fraud and Tax evasion which I intend to report on XXXX and XXXX via form IRS form 3949A. To conclude, the above listed credit reporting agencies are in violation of 15 usc 1681 sec 604a section 2, because it states that a Consumer reporting agency can not furnish an account w/o my written instruction. I did NOT give consent nor written instruction to Experian and Transunion to report the Discover Bank account and supporting nonpublic personal information such as the transaction history and balance. Also, The credit reporting agencies are in violation of 15 usc 1681 sec 604a section 2, because it states that a Consumer reporting agency can not furnish an account w/o my written instruction. I did NOT give consent nor written instruction to Discover Bank to report my nonpublic personal information. 
I have also informed XXXX, XXXX, and Discover Bank through previous CFPB reports that these accounts furnished without my consent on my consumer report are in fact inaccurate and are in violation of my rights as a consumer according to 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.

Discover Bank also should not be reporting any late payments/ transaction history that is a violation according to 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; According to the IRS Article, a charge-off is considered a certificate of indebtedness, which means it is treated as income and, therefore, eligible for removal from the records, and does not belong on my consumer report because it isnt debt, its taxable income.

Company response to consumer: Closed with explanation