Consumer complaint received 2025-01-02 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: FL

Complaint narrative:
According to the Fair Credit Reporting Act 15 USC 1681 section 602a states : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 
have the right to make sure my private information isnt shared which is backed by 15 USC 6801 which states It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. 
XXXX XXXX XXXX XXXX XXXX Discover financial services, XXXX XXXX are financial institutions under 15 USC 6801 and they have violated that obligation by sharing my private information to XXXX, XXXX, XXXX, XXXX XXXX XXXX, XXXX, XXXX XXXX, XXXX and XXXX without my consent. 

15 USC 1681 section 604a section 2 states : In general Subject to subsection, any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. 
XXXX XXXX XXXX XXXX XXXX Discover financial services, XXXX XXXX  which are financial institutions, and the Consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish my information, and absolutely do not have my written consent. All consent to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Discover financial services XXXX XXXX XXXX  wether it be verbal, non-verbal, written, or implied is now revoked.

Per 15 USC 6802 ( b ) ( c ) states : A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless- the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 
XXXX XXXX XXXX XXXX XXXX Discover financial servicesXXXX XXXX XXXX Never informed me of my right to exercise my nondisclosure option which is against the law. In continuation, 15 USC 1681C ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. XXXX XXXX XXXX XXXX XXXX Discover financial services XXXX XXXX XXXX are reporting adverse items again without my permission which is also against the law. 

Privacy Act of 1974 ( 5 U.S.Code 552a ) Important Definitions ( 4 ) the term *record '' means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph : This includes consumer reports b ) Conditions of Disclosure.-No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.

Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if.

( E ) the head of the agency has established procedures to ( ii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information : Not only has XXXX XXXX XXXX XXXX XXXX Discover financial services XXXX XXXX XXXX violated the Fair Credit Reporting Act but they have also the Privacy Act of 1974.

Per IRS Publication 4681 Canceled debts, If a debt for which you are personally liable is forgiven or discharged for less than the full amount owed, the debt is considered canceled in whatever amount it remained unpaid. You must include the canceled debt to your income ( Certificate of indebtedness ). XXXX XXXX XXXX XXXX XXXX Discover financial services report charge off on my consumer report. They can not report income to my consumer report so those negative accounts need to be removed immediately. 

It is illegal to report transaction history, XXXX XXXX XXXX XXXX XXXX Discover financial services XXXX XXXX XXXX have all violated the law by reporting my credit card utilization to XXXX, XXXX and XXXX. This needs to stop reflecting on my credit report immediately. 

Per 16 USC 313.7 Form of opt out notice to consumers ; opt out methods 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.

( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information. 
( B ) ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( C ) ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( D ) ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( E ) ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.

( E ) Time to comply with opt out. You must comply with a consumers opt out direction as soon as reasonably practicable after you receive it. 

XXXX XXXX XXXX XXXX XXXX Discover financial services and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX never gave me reasonable and continuous options to opt out. 

Right now I am exercising my right to opt out of all reporting from these companies to my credit report.

Company response to consumer: Closed with non-monetary relief