Consumer complaint received 2024-11-27 00:00:00
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: DISCOVER BANK
State: MS

Complaint narrative:
Regarding Account Number : XXXX Dear Discover Bank, this letter is a 3rd attempt to my initial dispute regarding the inaccurate information you have reported on my credit file. I have received a packet of previous payments, but not an adequate response. In addition to, the reporting remains inaccurate and unsubstantiated, continuing to damage my character. You stated that A Form 1099-C has not been issued and we are unable to honor your request to issue one. If the account isn't charged off and is valid, how is it being reported AS A CHARGE OFF/ CLOSED ACCOUNT with continual updates!? Under 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ), you are prohibited from furnishing information to any consumer reporting agency if you know or have reasonable cause to believe that the information is inaccurate.

Account Correction or Removal : If you can not provide verification of the disputed information, I expect you to promptly correct all late payments and update to paid in full or REMOVE this inaccurate reporting from my file.

15 US.C 1681 ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; When a creditor reports a payment as late, the creditor is reporting the experience between the consumer and the creditor. A payment history comes from the transactions. You can not have a payment history without transactions. However, if there is no transaction, how can a creditor report a payment as late when the transactions and the experiences between the consumer and person/cooperation making the report is EXCLUDED from the consumer report? This is FRAUD. You are reporting information that is EXCLUDED from the consumer report.

Despite my previous 2 request for verification, no substantive proof of accuracy has been provided. As such, I am now requesting and demanding a detailed description of the procedures you used to verify the accuracy of the disputed information. Request for Verification Procedures This account is indeed inaccurate. I am specifically requesting a full and detailed description of the steps you took to verify the disputed information, as required under federal law.

Furthermore, a furnisher must have proof of a transaction being late by : 15 U.S. Code 1666 ( a ) - Timing of payments The notice has to be sent 21 days BEFORE the late payment due date Section 1637b has to be included in that notice It has to be mailed or delivered to the consumer ( The letter you sent in response, showed 6 late payments later. I did not receive any of these requirements via mail. ) If these requirements are not met, XXXX, XXXX, XXXX can not furnish a late payment, because a payment can only be considered as late under THESE circumstances. 

Thank you for your immediate attention. I expect a full and compliant response within 15 days of receiving this letter.

Company response to consumer: Closed with explanation