Consumer complaint received 2024-12-06 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: NY

Complaint narrative:
Dear XXXX, I am writing to formally address an unauthorized inquiry from Discover Financial Services that appears on my consumer credit report, dated XX/XX/year>. I have no account or agreement with your institution, nor have I authorized this inquiry. This lack of permissible purpose constitutes a clear violation of the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681b, which requires that access to a consumers credit report must be based on a permissible purpose.

Violation of Federal Consumer Protection Laws Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681b Access to a consumer report is only lawful under specific conditions, such as : A transaction initiated by the consumer. 
Written consent provided by the consumer. 
A legitimate business need in connection with an existing account relationship. 
As none of these conditions apply in this case, the inquiry on my consumer report is unlawful and a violation of my rights under the FCRA. 

Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681n This section establishes that willful violations of the FCRA, including unauthorized access to a consumer report, subject violators to : Statutory damages of up to {$1000.00} per violation.

Punitive damages as determined by a court.

Payment of reasonable attorney fees and costs.

Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681i I have the right to dispute any inaccuracies on my consumer report, and Discover Financial Services is obligated to conduct a reasonable and thorough investigation.

Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692e Any false, deceptive, or misleading representations in connection with accessing a consumers credit report, such as an unjustified inquiry, are prohibited under this law.

Resolution Demanded To resolve this matter without escalation, I require the following actions : Provide documentation justifying the inquiry, including any written authorization or evidence of a permissible purpose. 
Remove the inquiry from my consumer report immediately if such evidence can not be produced. 
Compensate me {$1000.00} for this violation of my consumer rights, as allowed under the FCRA. 
Notice of Intent to Litigate Since I have no agreement with Discover Financial Services, arbitration is not applicable in this matter. Should this issue remain unresolved, I will pursue legal remedies in federal court, where this case will become a matter of public record. Proceeding to court will incur significantly greater costs to your company, including legal fees, reputational harm, and damages, far exceeding the {$1000.00} I am requesting to settle this matter amicably. 

I have all necessary exhibits to substantiate my claim and will rely on these should litigation become necessary. I trust that you understand the potential implications of this violation and will take immediate action to resolve it.

Company response to consumer: Closed with non-monetary relief