Consumer complaint received 2025-05-14 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: DISCOVER BANK
State: FL

Complaint narrative:
To Whom It May Concern, I am writing to formally dispute inaccurate information appearing on my credit report, which is in direct violation of the Fair Credit Reporting Act ( FCRA ). The following accounts have been inaccurately reported and improperly re-aged, which constitutes unlawful reporting : DiscoverBank : XXXX Details of the Violation : These accounts were included in a Chapter 13 bankruptcy that was subsequently dismissed before discharge.

Despite the dismissal, the creditors charged off the debt and reported the accounts as " charged to profit and loss. '' The date of first delinquency ( DOFD ) has been re-aged to extend the reporting period, which violates 15 U.S.C. 1681c ( a ) ( 4 ).

Under 15 U.S.C. 1681s-2 ( a ), the creditors are required to report accurate information, which they have failed to do.

Florida Statute of Limitations on Debt Collection : Under Florida Statute 95.11, the statute of limitations for collecting debt is : 5 years for written contracts 4 years for open accounts ( e.g., credit cards ) Since the date of first delinquency on these accounts exceeds the statute of limitations for collection in Florida, continued negative reporting is unlawful and unfair. Attempting to collect or report these debts past the statute of limitations constitutes a violation of the Fair Debt Collection Practices Act ( FDCPA ) and the FCRA.

Extreme Hardship and Financial Impact : As a single mother, this inaccurate reporting has caused me significant financial hardship : My credit score has been unfairly damaged, making it difficult to obtain affordable housing and access to credit.

I have been denied credit opportunities and faced higher interest rates because of these inaccurate and unfair charge-offs.

The stress and financial instability caused by these errors have made it extremely difficult to provide for my family.

Applicable FCRA Violations : 15 U.S.C. 1681c ( a ) ( 4 ) Negative information can only remain on a credit report for 7 years from the date of first delinquency.

15 U.S.C. 1681s-2 ( a ) Furnishers have a legal duty to report accurate information.

15 U.S.C. 1681i ( a ) The credit reporting agency has a legal obligation to investigate and correct inaccurate information within 30 days.

15 U.S.C. 1681n Willful noncompliance with the FCRA allows for statutory damages of up to {$1000.00} per violation.

Requested Action : Immediately investigate these accounts.

Permanently remove the inaccurate charge-offs and re-aged information.

Provide me with an updated copy of my credit report reflecting the corrections.

If you fail to correct these inaccuracies within 30 days, I am prepared to escalate this matter by filing a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ). Additionally, I will pursue legal action for willful noncompliance under 15 U.S.C. 1681n.

Company response to consumer: Closed with non-monetary relief