Consumer complaint received 2025-06-09 00:00:00
Product: Debt collection — Other debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: DISCOVER BANK
State: FL

Complaint narrative:
b'AFFIDAVIT OF XXXX XXXX XXXX REGARDING DISCOVER ACCOUNT\nENDING IN XXXXnSTATE OF FLORIDA\nCOUNTY OF XXXXnI, XXXX XXXX XXXX being of lawful age and competent to testify, do hereby\ndepose and state under penalty of perjury:\n1. Preliminary Statement\n1. I am a resident oXXXX XXXX Florida, over XXXX years of age, and have personal knowledge\nof the facts herein. 2. This affidavit addresses inaccuracies and violations in the reporting\nof Discover Account Ending in XXXX  on my 3-Bureau Credit Report from XXXX,\ndateXXXX XXXX XXXX XXXX obtained from XXXX XXXX XXXX XXXX\n2. Factual Background\n3. The account is reported as Charged off with a balance of XXXX  across all three\nbureaus, despite being closed on XXXX XXXX XXXX  XXXX) or having a last\npayment date of XXXX XXXX XXXX XXXX or XXXX XXXX XXXX (XXXX 4.\nThe account bears a remark of Dispute resolved; customer disagrees XXXX or\nConsumer disputes after resolution (XXXX, indicating unresolved disputes\nfiled by me. 5. Discover failed to provide any opportunity to opt out of sharing my\nnonpublic personal information with credit reporting agencies, as required by federal\nlaw. 6. No evidence of debt validation or updated account status has been provided by\nDiscover or the bureaus.\n3. Legal Violations\n3.1 Fair Credit Reporting Act (FCRA) Violations\n7. Under 15 U.S.C.  1681i(a)(1), XXXX XXXX and XXXX  failed to conduct\na reasonable investigation of my dispute within 30 days, as evidenced by the persistent\nDispute resolved; customer disagrees or Consumer disputes after resolution remarks\nwithout correction. 8. Under 15 U.S.C.  1681s-2(b), Discover failed to update the\naccount status or balance to reflect dispute resolution, reporting an inaccurate XXXXnbalance on a closed account. 9. The absence of a Date of First Delinquency vio\x02lates FCRA  1681c(a)(4), as it prevents verification of the 7-year reporting period for\nderogatory accounts.\n3.2 Gramm-Leach-Bliley Act (GLBA) Violations\n10. Under 15 U.S.C.  6802(a) and  6802(b), Discover, as a financial institution, shared\nmy nonpublic personal information with XXXX XXXX, and XXXX without\nproviding me an opportunity to opt out of such sharing, as required for nonaffiliated third\nparties. 11. Under 15 U.S.C.  6803(a), Discover failed to provide an initial privacy notice\n1\nor annual notices clearly and conspicuously disclosing my right to opt out of information\nsharing with credit reporting agencies, violating GLBA requirements. 12. The absence\nof documented evidence showing when and where an opt-out opportunity was provided\nconstitutes a willful violation of 15 U.S.C.  6802 and  6803.\n3.3 Metro 2 Violations\n13. Metro 2 standards require charged-off accounts to carry a 97 status code with a\n$0 balance unless actively pursued by a collection agency. Reporting a XXXX  balance\non a closed account violates Metro 2 guidelines. 14. The failure to update the account\nwith a Compliance Condition Code (e.g., XC for completed investigation) post-dispute\nviolates Metro 2 reporting requirements.\n3.4 Uniform Commercial Code (UCC) Violations\n15. Under UCC  9-210, Discover failed to provide an accounting of the debt upon my\nrequest, including proof of debt validity or chain of title. 16. The continued reporting of\na charged-off debt without validation violates UCC  9-406.\n3.5 Internal Revenue Service (IRS) Violations\n17. If the debt was reported as a loss for tax purposes, Discover was required to issue IRS\nForm 1099-C under 26 CFR  1.6050P-1. No such form has been provided, suggesting\nfraudulent reporting.\n4. Harm Suffered\n18. The inaccurate reporting and unauthorized sharing of my personal information have\ncaused financial harm, including but not limited to [e.g., denial of credit, higher interest\nrates, emotional distress]. 19. These violations have damaged my creditworthiness and\nfinancial opportunities.\n5. Demand for Relief\n20. I demand that XXXX XXXX, and XXXX  immediately cease reporting\nDiscover Account Ending in XXXX and remove the XXXX  balance and derogatory\nstatus, or provide verifiable evidence of the debts validity. 21. I demand that Discover\nprovide debt validation, including the original creditor agreement, chain of title, and IRS\nForm 1099-C, if applicable. 22. I demand that Discover provide documented evidence of\ncompliance with 15 U.S.C.  6802 and  6803, including copies of all privacy notices and\nopt-out opportunities provided to me. 23. I demand immediate cessation of all credit\nreporting for this account, exercising my opt-out right under 15 U.S.C.  6802(b). 24. I\nreserve all rights under UCC  1-308 without prejudice.\nI swear under penalty of perjury that the foregoing is true and correct to the best of my\nknowledge.\XXXX XXXX XXXX, Affiant\n2\nSigned without prejudice under UCC  1-308\nDate: XXXX XXXX XXXX

Company response to consumer: Closed with non-monetary relief