Consumer complaint received 2024-08-28 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Other features, terms, or problems — Other problem
Company: DISCOVER BANK
State: CA

Complaint narrative:
This creditor engaged in abusive, deceptive, and unfair practices of the FDCPA which it prohibits. I as the debtor hereby assert my rights according to 16 CFR 433.1 and 16 CFR 433.2 you are not exempt because according to 16 CFR 433.3 ( a ) Anysellerwho has taken or received an open endconsumer credit contractbefore XX/XX/XXXX, shall be exempt from the requirements of16 CFR part 433with respect to suchcontractprovided thecontractdoes not cut off consumers ' claims and defenses. According to 15 USC 1666b it is a billing error I did not receive a statement 21 days before the late payment error. Nor have I been sent any statements from said credit in over a years time. If finance charge included, there should be no late payments pursuant the Truth-In-Lending Act and 15 USC 1605 ( a ) due to finance charge bring sum of all charges so I can not be penalized for something that is already paid in full. 
According to 15 usc 1666d Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to acreditorin excess of the total balance due on an account, ( 2 ) rebates of unearnedfinance chargesor insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, thecreditorshall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by thecreditorand can not be traced through the consumers last known address or telephone number. 15 usc 1666b can be found on the back of most if not all credit card statements on page 2. See exhibit A. As this is a formal instruction in accordance with 15 U.S.C. 1666 ( b ) ( 2 ) to provide documentary evidence, which includes books of account in accordance with 15 U.S.C. 44 to resolve this billing error, the documentary evidence, which includes books of account in accordance with 15 U.S.C. 44, must be provided to clarify this amount. The creditor has legally agreed to forfeit all rights to collect on all past, present, and future amounts in dispute pursuant to Title 15 U.S.Code 1666 ( e ) Creditors, can not and shall not restrict nor limit nor cause any disruption of any manner of the account in question pursuant 12 CFR 1026.13d ( 3 ), a creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. With that said I conditional accept your offer upon valid proof of lawful claim. According to 18 usc 8 he term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United Statesnotes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of theUnited States, stamps and other representatives of value, of whatever denomination, issued under any Act ofCongress, and canceledUnited Statesstamps. I am well aware that we are playing the game of Bankruptcy. All creditors have discharge all debts by way of cancellation of debt due to Bankruptcy. This is also stated in your prospectus. Federal Reserve notes can not satisfy any debt as you can not pay a debt with a debt. So your requiring funds in XXXX currency is against the public policy. In addition your XXXX, XXXX, prospectus, state that for the intention of tax purposes all debt as indebtedness to avoid paying taxes on the Floating rate notes you have obtained from me. Also in these forms you have admitted that Neither the SEC nor any state securities commission has approved the certificates or determined that this prospectus is accurate or complete. Any representation to the contrary is a criminal offense. The use of Federal Reserve notes however, does make one an enemy of the state. I know now that the statements these companies have been sending us all of these years are evidence of an indebtedness. The top portion of the statement is the Bond the bottom portion known as the payment coupon is my interest dividend check sent to me as my name is the name that is evidenced on the front of these treasury interest dividend coupon. I am the holder in due course of these instruments. These interest dividends are provided to customers from the treasury for the interest made off of the tendered instrument. Let this correspondence serve as your notice. I hereby rescind, revoke, remove, terminate and void your right to keep my security interest, principal, proceeds thereof, including but not limited to credit life insurance and FDIC insurance of {$250000.00} and FDIC {$250000.00} for all transactions not exceeding {$250000.00}. I hereby claim all of my rights, titles, and interest. I hereby rescind, revoke, remove, terminate and void your rights to any of my rights, title, and interest. I am lawful age of majority and I possess the ability to contract and I hereby reserve my rights under UCC 1-308. I have pulled every XXXX, XXXX, prospectus, servicing and pooling agreement, and every trust indenture. I am aware that every company has transferred there rights, titles, interest, in and to such receivables and/or collateral certificates, all recoveries with respect thereto, all monies due or to become due and all amounts received with respect thereto and all proceeds thereof and any Insurance Proceeds related thereto to the Trustee and Trust. I have noted that all companies effectively have created these Trust off of the funds ( receivables ) that I send on each respective account and are then deposited as Trust assets and added to Financial balance sheets as assets of the company. It appears that all creditors has transitioned my account status from receivables to account payable, effectively making an investor without our explicit consent. Which lacks fair and honest disclosure. Ive given unconditional consideration to each tendered instrument. Yet your company never gave any Value to the transaction. I refuse to all you and your said company to rape and pillage my estate!! THIS WILL NO LONGER BE TOLERATED. Cease and Desist any act that may be in violation of the Gram-Leach Bailey Act, Cease and Desist any activity that may be in violation for the FDIC, Cease and Desist any act that may in violation with the Securities Transfer Act, Cease and Desist any act that may be in violation with the CFPB, FCRA, and TILA, Cease and Desist any act that may be in violation of the Dobb-Frank Act, Cease and Desist any act that may be in violation of the OCC, Cease and Desist any act that may be in violation of the Securities act of 1933 and 1939, Cease and Desist any act that may be in violation of the Indenture Trust act of 1939, Cease and Desist any act that may be in violation of the Equal Credit Opportunity act, Cease and Desist any act that may be in violation of the Fair debt collection practices act, Cease and Desist any act that may be in violation of the trading with the enemies act of 1933, Cease and Desist any act that may be in violation of HJR 192, and Cease and Desist any act that may be in violation of the Emergency banking Act. Cease and Desist reporting account as disputed per the law 15 usc 1681 3 ( E ) ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with who he is acquainted or who may have knowledge concerning any such item of information such info shall not include specific factual information on consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information is obtained. Cease and Desist any and all forms of communication and debt collection practices with the consumer that is not related to my remedy. Cease and Desist all adverse action. Your company has failed to disclose material disclosures according to according to 15 usc 1602. And continues to be in breach of 15 usc 1692 ( a ). Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as insection 1691 ( d ) ( 6 ) of this title; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of amount of, existing or applied for. 12 CFR - PART 1016PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) Providing my non-public personal information without my consent. 1016.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any non-affiliated third party, if you make such a disclosure other than as authorized by 1016.14 and 1016.15 of this part. All of 15 USC 1602 Definitions Rules of Construction clearly defines the roles between the two parties involved and who is extending the line of credit! 12 CFR 1002.2 DEFINITIONS ( a ) Account means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. ( b ) Act means the Equal Credit Opportunity Act ( Title VII of the Consumer Credit Protection Act ) ( e ) Applicant means any person who requests or who has received an extension of credit from a creditor and includes any person who is or may become contractually liable regarding an extension of credit. For purposes of 1002.7 ( d ), the term includes guarantors, sureties, endorsers, and similar parties. ( i ) Contractually liable means expressly obligated to repay all debts arising on an account by reason of an agreement to that effect. Just as your Indentured Agreement states and prospectus states who is obligated. 12 CFR 1002.2 ( h ) Consumer credit means credit extended to a natural person primarily for personal, family, or household purposes. ( k ) Credit card means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain money, property, or services on credit. I provided my social security and ID number as an instrument to secure this transaction granting your company access to my cesti que vie trust. In addition to this I tendered an instrument ( security ) which also secured this credit transaction as well. 12 CFR 1002.2 ( q ) Extend credit and extension of credit mean the granting of credit in any form ( including, but not limited to, credit granted in addition to any existing credit or credit limit ; credit granted pursuant to an open-end credit plan ; the refinancing or other renewal of credit, including the issuance of a new credit card in place of an expiring credit card or in substitution for an existing credit card ; the consolidation of two or more obligations ; or the continuance of existing credit without any special effort to collect at or after maturity ). ( 2 ) The term does not include : ( i ) A change in the terms of an account expressly agreed to by an applicant ; make any. You providing my non-public person information to XXXX, XXXX, XXXX, XXXX and XXXX XXXX is a violation of my rights to privacy per XXXX XXXX code XXXX and the Privacy Act of XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX, XXXX, XXXX and XXXX are nothing more than data furnishers, whom are also securitizing and selling my data for profit which which makes me an investor also which each of these agencies. Congress states that these agencies XXXX, XXXX, XXXX and XXXX has assumed the role of credit reporting agencies they are not the BUREAU and they certainly are not CREDIT BUREAUS. Congress states that there is only one Bureau. The Term Bureau according to the law 15 usc 1692 ( A ) ( 1 ) means the Consumer Financial Protection Bureau. Providing my information to XXXX, XXXX, XXXX and XXXX is a direct violation of the privacy act of 1974 and 5 usc 522a. I HEREBY CLAIM ANY AND ALL ( PAST, CURRENT and FUTURE ) interest in all monies, instruments, securities, documents, certificates of deposit and other property on deposit from time to time in the Collection Account and in all proceeds, earnings, income, revenue, dividends and distributions thereof for the benefit of the Certificateholder. I AM THE CERTIFICATEHOLDER, AND REFUTING OBLIGATIONS OF THIS PRESENTMENTS FROM ALL CREDITOR UNDER UCC 3-306. I ACT IN PROTEST OF THE STATEMENTS PROVIDED BY THESE INSTRUMENT AND REVOKE MY ABILITY TO PAY THESE PRESENTMENTS UNDER UCC 3-302. I REFUSING TO TENDER PAYMENT ON THESE NEGOTIABLE INSTRUMENT UNDER UCC 3-603. ALL PRESENTMENT NOTES ARE EXCUSED AND DISHONORED UNDER THIS STATUTE, UCC 3-504. AND BECAUSE ALL FUTURE, PAST, PRESENT DEBTS ARE PREPAID UNDER HJR 192 OF 1933, 31 U.S. Code 3123, AND 18 U.S. Code 8, AND ARE OBLIGATIONS BY THE FEDERAL CORPORATION OF THE UNITED STATES OF AMERICA ; I EXERCISE MY RIGHT TO REQUEST A DISCHARGE OF ALL PRESENTMENTS UNDER UCC 3-601, 3-603, 3-604. I EXPECT ALL CREDITORS TO ACT IN AN OBLIGATION OF GOOD FAITH FOR THESE UNFIORM COMMERCIAL CODE IN ACCORDANCE WITH UCC 1-304. NOTICE OF COPYRIGHT HAS BEEN ATTACHED TO THIS CLAIM for royalties of usage of the name XXXX XXXX XXXX and any and all derivates of the name and defamation of character. Failure to comply will result in a suit in equity being filed in chancery court, A complaint may be submitted to the Federal Court, OCC, FDIC, SEC, XXXX, FTC, Cyber Crimes Bureau, the Attorney General in California and the IRS for tax evasion, Appropriate OMB forms being filed. A Form 211 may also be filed with the IRS. A Forensic Audit may also be conducted on the account.

Company response to consumer: Closed with explanation