Consumer complaint received 2025-06-18 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: DISCOVER BANK
State: TX

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, TX XXXX XX/XX/XXXX To : Discover Bank Executive Office of Customer Advocacy CC : Consumer Financial Protection Bureau ( Case # : XXXX ) RE : Formal Dispute and Demand for Immediate Deletion Account Ending in XXXX To Whom It May Concern : This letter serves as a formal rebuttal and demand for immediate corrective action regarding the reporting of the Discover account ending in XXXX, which you allege was opened on XX/XX/XXXX. Let me be very clear : you have failed to meet the burden of proof required under federal law, and you are now in willful violation of multiple provisions under the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ) ( where applicable ), and the Truth in Lending Act ( TILA ).

1. Failure to Provide Contractual Evidence You reference a Cardmember Agreement, yet you have not provided a signed contract bearing my wet ink signature or full application file that proves beyond any doubt that I initiated this account. A generic cardmember agreement is not legally sufficient documentation under 15 U.S.C. 1681s-2 ( b ), and you are fully aware of this. As such, your continued reporting of this alleged debt without verifiable evidence of authorization constitutes furnishing inaccurate and unverifiable information to consumer reporting agencies.

2. Factual Inaccuracies and Deceptive Practices You claim this account charged off on XX/XX/XXXX, and yet the account was simultaneously placed with a third-party collector on XX/XX/XXXX. You also claim the account was returned to your internal collections as of XX/XX/XXXX, which would be XXXX months prior to the charge-off an impossible and contradictory timeline that clearly illustrates internal recordkeeping errors and data manipulation. This timeline further demonstrates that you are reporting information you can not validate.

3. Violation of 15 U.S.C. 1692e Misleading Representations Your refusal to remove the inaccurate information and your claim that the information is factually accurate is a false and misleading representation of the legal status of this alleged debt. Additionally, stating that you may contact the credit reporting agencies for assistance is another deceptive tactic, as you are the furnisher of this information and the entity responsible for its accuracy. Furnishers may not shift the burden to consumers or CRAs when they are the source of the error.

4. No 1099-C Issued/ Collection Efforts Admitted Ceased You affirm that a Form 1099-C has not been issued, yet also assert that collection efforts are ongoing. Let me remind you that if you ceased collection activity long enough to transfer and reassign the account, and if the balance remains stagnant and unrecoverable, then Discover is obligated to either issue a 1099-C or cease furnishing this outdated, non-recoverable tradeline.

5. Continued Reporting in Dispute is NOT Compliance Marking the account as disputed is NOT a remedy. The law requires that you either verify with documentation or delete. Under FCRA 15 U.S. Code 1681s-2 ( b ), if the information can not be verified with full accuracy, then it must be deleted from all credit reporting agencies. That includes XXXX XXXX XXXX, and XXXX. 

DEMAND FOR ACTION : In accordance with the FCRA, FDCPA, and applicable banking regulations : Immediately delete all tradelines associated with this account from all consumer reporting agencies. 

Cease and desist all further reporting and collection activity related to this disputed and unverified debt.

Provide me with a full, itemized accounting and original signed application ( not a boilerplate agreement ) within 15 calendar days.

Failure to comply will result in : Formal complaints with the Consumer Financial Prote
ction Bureau, Texas Office of the Attorney General, and the Office of the Comptroller of the Currency. 

Civil litigation for statutory damages under 15 U.S.C. 1681n for willful noncompliance and actual damages under 1681o for negligent noncompliance.

This is not a request. This is a demand. You have had ample opportunity to respond lawfully and thoroughly, and you have failed. 

Govern yourselves accordingly. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, TX XXXX

Company response to consumer: Closed with explanation