Consumer complaint received 2025-12-07 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: DISCOVER BANK
State: TX

Complaint narrative:
XX/XX/XXXX Re : Dispute of Inaccurate Information on Consumer Credit Report [ XXXX ] Demand for Permanent Deletion, Cease and Desist, and Compensation Pursuant to FCRA, FDCPA, and Related Laws Without Prejudice UCC 1-308 Dear Sir or Madam : This letter constitutes a formal written dispute under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., regarding inaccurate, incomplete, and unverifiable information furnished by you to the nationwide consumer reporting agencies ( CRAs ), including XXXX XXXX and XXXX, via the XXXX system. I am also invoking my rights under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., the Truth in Lending Act ( TILA ), 15 U.S.C. 1601 et seq., and Uniform Commercial Code ( UCC ) 1-308 to reserve all rights without prejudice. This dispute is submitted directly to you as the furnisher of information and, where applicable, as a debt collector. 
Pursuant to FCRA 1681s-2 ( b ), upon receipt of this notice of dispute from a CRA ( or directly from me ), you are legally required to conduct a reasonable investigation of the disputed information, review all relevant information provided by me, and report the results to the CRA ( s ). If the information can not be verified as accurate and complete, you must promptly delete it from my credit file and provide written confirmation of such deletion to me. Failure to do so constitutes a willful or negligent violation of the FCRA, entitling me to actual damages, statutory damages up to {$1000.00} per violation, punitive damages, and attorneys fees under 15 U.S.C. 1681n and 1681o.

Specific Inaccuracies and Violations My credit report ( s ), obtained on [ insert date you obtained report ( s ) ], reflect the following inaccurate entries attributable to your furnishing practices, in violation of FCRA 1681e ( b ) ( requiring furnishers to follow reasonable procedures to assure maximum possible accuracy ) and XXXX XXXX compliance standards ( as outlined in the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : 1. Inaccurate Late Payment Reporting : The account shows a single 180 days late notation without corresponding 30-, 60-, 90XXXX, or 120-day late indicators in the payment history profile. Under XXXX XXXX formatting ( XXXX segments for base/header and base segment detail ), late payments must be reported progressively and accurately based on the actual delinquency timeline, starting from the first missed payment. This omission creates a materially misleading impression of my payment history, violating FCRA 1681e ( b ) and 1681i ( a ) ( 1 ) ( A ). See XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( holding that reporting creating a misleading impression violates FCRA accuracy requirements ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( furnishers liable for incomplete reporting that misleads CRAs and users ). 
2. Incorrect Date of First Delinquency ( DOFD ) : The reported DOFD is inaccurate, failing to reflect the actual date of the first 30-day delinquency as required under 15 U.S.C. 1681c ( a ) ( 4 ) and XXXX XXXX guidelines ( XXXX XXXX ). The DOFD must be reset to XX/XX/XXXX if unverifiable, and the current reporting extends the tradeline beyond the 7-year permissible period. This inaccuracy harms my credit score and employability, constituting a per se FCRA violation. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX ( XXXX XXXX XX/XX/XXXX ) ( DOFD inaccuracies trigger deletion under FCRA ). 
3. Status Code Violations : The account status code ( e.g., codes 61-65 for collection/delinquency ) and payment rating ( codes 1-9 ) do not align with XXXX XXXX requirements for closed or paid accounts. For instance, if the account was closed current or paid off, the status should be code XXXX ( paid/closed, no delinquency ) with payment rating XXXX, not reflecting ongoing delinquency. Your use of incorrect codes, such as failing to apply Compliance Condition Code ( CCC ) XB for disputes in progress, violates 12 CFR 1022.43 ( e ) ( furnisher accuracy duties ) and renders the reporting unverifiable. See XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX ( XXXX. XXXX XXXX XXXX, XXXX ) ( XXXX XXXX code misuse creates factual issue for FCRA liability ). Courts have held that non-compliance with XXXX XXXX does not automatically violate FCRA but supports claims where it leads to inaccuracy. See Settles v. XXXX XXXX XXXX, XXXX. XXXX, XXXX XXXX XXXX ( XXXX. XXXX XXXX XXXX, XXXX ). 
4. Lack of Method of Verification and Original Documents : You have failed to provide or retain original documents ( e.g., signed contracts, payment ledgers ) verifying the alleged delinquencies, as required under Federal Rules of Evidence Rule 1002 ( best evidence rule ) and FCRA 1681s-2 ( b ) ( 1 ) ( B ) ( reasonable investigation must include reviewing supporting documents ). No originals? No legitimate late payments. Your automated XXXX verificationmerely checking a box without substantive reviewviolates the real investigation mandate of FCRA 1681i ( a ). See Consumer Financial Protection Bureau XXXX XXXX ( requiring furnishers to examine all relevant information, not just automated confirmations ). 
5. XXXX False Data Upload and Misleading Communications : Uploading unverifiable data via XXXXXXXX ( Automated Consumer Dispute Verification/ACDV process ) without investigation constitutes misleading electronic communication, amounting to wire fraud under 18 U.S.C. 1343 ( use of interstate wires to execute scheme to defraud ). This automated system often truncates disputes, preventing full conveyance to furnishers, as alleged in ongoing CFPB actions against XXXX ( filed XXXX XXXX, XXXX ). Your participation in this flawed process violates FCRA 1681s-2 ( a ) ( 1 ) ( prohibiting furnishing inaccurate information ). 
6. TILA and Billing Violations : Under 15 U.S.C. 1666b ( TILA 163 ), you failed to mail/deliver statements at least 21 days before the due date, treat payments received by XXXX XXXX on the due date as timely, or impose late fees only with reasonable procedures for timely delivery ( 12 CFR 1026.13 ). Additionally, 15 U.S.C. 1637 ( a ) and 1637b require clear disclosure of extensions of credit. No proof of compliance exists, rendering delinquencies invalid. See XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( jury found FCRA violation for inaccurate post-payoff delinquency reporting ). 
7. FDCPA Violations in Collection and Reporting : As a debt collector ( or if affiliated ), your continued reporting and collection attempts without validation violate FDCPA 1692g ( b ) ( cease collection upon dispute until verification ) and 1692e ( false/misleading representations ). Reporting disputed debts without noting the dispute ( e.g., via XXXX XXXX XXXX XXXX  ) is deceptive. Cease all communications via phone, internet, email, regular mail, and credit reporting immediately under FDCPA 1692c ( c ). See XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( FDCPA applies to misleading credit reporting ). 
8. 15 U.S.C. 1681s-2 ( a ) ( 7 ) Notice Failure : You provided no pre-furnishing notice of negative information ( delinquencies/insolvency ) to me, violating furnisher duties. 
Demands 1. Immediate Permanent Deletion : Delete all disputed items from my CRA files within 30 days, including late notations, DOFD, and status codes. Provide written confirmation and updated reports from all CRAs.

2. Cease and Desist : Cease all debt collection activities, communications ( phone, internet, email, mail ), and further furnishing/reporting under FDCPA 1692c ( c ) and FCRA 1681s-2 ( b ) ( 1 ) ( D ). 
XXXX. Compensation : Compensate me {$5000.00} for actual damages ( e.g., credit score decline, emotional distress ), statutory damages ( {$1000.00} per violation ), and punitive damages for willful non-compliance. 
4. Full Investigation Proof : Provide copies of original documents, verification method details, and investigation results within 30 days.

5. Reservation of Rights : This dispute is made WITHOUT PREJUDICE under UCC 1-308, reserving all rights to performance or acceptance under protest. No waiver of claims occurs. 
Failure to comply will result in suit in federal court for FCRA/FDCPA violations , seeking all remedies, including class action certification if systemic. I reserve the right to report to CFPB, FTC, and state AG. Respond in writing to the address above within 30 days.

Company response to consumer: Closed with non-monetary relief