Consumer complaint received 2024-10-12 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: TX

Complaint narrative:
To whom it may concern, I here to address that your organization is violating a number of federal law violation in according with the Fair Credit Reporting Act. In that act, I am requesting the removal of the account of concern.

According to the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, Section 602 ( a ), it is clearly stated : 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. Discover Bank as a furnisher of information to consumer reporting agencies, are required to comply with these responsibilities. As a consumer, I have the right to ensure that my private information is handled appropriately.

Additionally, 15 U.S.C. 6801 declares that It is the policy of 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. A furnisher of information to credit agencies is a financial institution by definition under this title. Therefore, they are required to respect and protect my personal information.

Under 15 U.S.C. 1681, Section 604 ( a ) ( 2 ), it is clearly outlined that a 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. Neither the furnisher of information to the credit agencies nor the consumer reporting agencies have my written consent to furnish my personal information. Therefore, any and all previous consentwhether verbal, nonverbal, written, implied, or otherwiseis hereby revoked.

Furthermore, 15 U.S.C. 6802 ( b ) ( c ) explicitly states that 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. Discover Bank furnished information to credit agencies, which has never informed me of my right to exercise my nondisclosure option, a violation of my rights under this law.

Additionally, 15 U.S.C. 1681c ( a ) ( 5 ) asserts that 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. The account Discover has furnished in question is an adverse item that is being reported without my permission, which constitutes a violation of the law.

Finally, 15 U.S.C. 1681e states that Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c and to limit the furnishing of consumer reports to the purposes listed under section 1681b. Discover Bank, which is furnishing this information have failed to maintain these reasonable procedures. Additionally, 12 CFR 1016.7 specifies that A consumer may exercise the right to opt out at any time.

I am hereby exercising my right to OPT OUT of your reporting this account.

Please consider this as a formal notice of my revocation of any consent, and I request that you cease and desist the furnishing of my personal information immediately. 
Sincerely, XXXX XXXX XXXX XXXX ). Discover Bank

Company response to consumer: Closed with explanation