Consumer complaint received 2024-03-07 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:
DISCOVER BANK is in violation of multiple laws set forth by congress in regards to the following account # 5259. 15 US Code 1681a ( 2 ) ( a ) ( i ) states that the consumer report does NOT include information solely as to transactions or experiences ( payment history, Charge off status ), between the consumer ( Myself ) and the person ( DISCOVER BANK ) making the report. Additionally 15 US Code 1681s-2 ( a ) ( 1 ) ( A ) states that a person ( DISCOVER BANK ) shall not furnish any information relating to a consumer, to any reporting agency ( XXXX XXXX  XXXX XXXX, XXXX ) XXXX if the person knows or has reasonable cause to believe that the information is inaccurate. DISCOVER BANK can NOT collect on discharged debt. This is now considered a certificate of indebtedness, as per the IRS and income shall not be reported on consumers report. The IRS clearly and categorically defines a charge off as Gross and Ordinary Income. INCOME DOES NOT GET REPORTED ON CONSUMER REPORT, which in fact does make this reporting ILLEGAL and INACCURATE. By definition, the IRS clearly states a Cancelled Debt or Charge off is INCOME. The reporting of this account as a debt is INACCURATE. I've received a 1099-C from DISCOVER BANK, therefore they have quite frankly WRITTEN OF or CHARGED OFF this debt because it's over {$600.00} which they DISCOVER BANK has stated they had given the consumer income as an employee of DISCOVER BANK. This is UNSATISFACTORY!!!!!, DISCOVER BANK is HEREBY PLACED ON NOTICE that they are furnishing incorrect and inaccurate information, to third parties without any consent. In DISCOVER BANK terms and conditions they agree not to SHARE my information with NON AFFLILIATE ( XXXX XXXX, XXXX, & XXXX ) as they're NOT AFFLILIATES of DISCOVER BANK, NOR are they " Bureaus ". The ONLY TRUE Credit Bureau is the CFPB and they DO NOT furnish consumer report as stated in federal law. I have the right to PRIVACY and PER the PRIVACY ACT OF 1974 as a FEDERALLY PROTECTED CONSUMER I am now revoking any and all authorization I the consumer may have given you, written, non written, verbal, and non verbal per 5 U.S code 552a. Per the FCRA as a federally protected consumer I am now Opting Out of any and all authorizations I the consumer may have given you written, non non written, verbal, non verbal per 15 USC 6802.

I shall also point out their responsibility pursuant to 15 US Code 1681s-2 ( a ) ( 1 ) ( B ) ( ii ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION ( 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall NOT FURNISH INFORMATION RELATING TO A CONSUMER to any consumer reporting agency if ( 1 ) the person has been notified by the consumer, at the address specified by the person for such notices, that the specific information is inaccurate ; and ( ii ) the information is in fact, inaccurate. DISCOVER BANK must refund the remainimg credit balance of the consumer account upon termination.. This is a 7 Days Notice to return ALL MONIES due from this account. 1026.11 TREATMENT OF CREDIT BALANCE ; account termination. ( a ) Credit Balances. When a credit balance in excess of {$1.00} is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held in benefit of the consumer ) the creditor shall : ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balnace within ( 7 ) seven days from the receipt of a written request from the consumer ; ( 3 ) Make a good faith effort to refund to the consumer by Cash, Check, or Money Order, or credit to a deposit account of the consumer ; any part of the credit balance remaining in the account for more than six months.. No further action is required if the consumer 's current location is known to the creditor and can not be traced through the consumer 's last kmown address or telephone number. ( B ) Account termination. ( 1 ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge. ( 2 ) Nothing in Paragraph ( b ) ( 1 ) of this section prohibits a creditor from terminating an account that is inactive for three months or more consecutive months. An account that is inactive has been extended ( such as by purchase, cash advance, or balance transfer ) and if the account has no outstanding balances. ( c ) Timely settlement of the estate debts ( 1 ) General rule. ( i ) Reasonable policies and procedures required. For credit cards accounts under an open end ( not home secured ) consumer credit plan card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of the estate of a deceased account holder can determine the amount of and pay any balance on the account in a timely manner. ( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of the deceased consumer if the joint account holder remains on the account. ( 2 ) Timely statement of balance ( i ) Requirement. Upon request by the administrator of an estate, a card issuer must provide the administrator with the amount of the balance on the deceased consumer 's account in a timely manner. ( ii ) Safe Harbor. For purpose ofparagraph ( c ) ( 2_ ) ( i ) of this section providing the amount of the balance on the account within 30 days of recieving the request is deemed to be timely. ( 3 ) Limitations after receipt of request from administrator. ( i ) Limitation of fees and increase in annual percentage rates. After receiving a request from the administratorof an estate for the amountof the balance on

a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as late fee, annual fee, or over the limit fee ) or increase any annual percentage rate, except as provided by 1026.55 ( b ) ( 2 ). ( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charges due to a periodic interest rate if psyment in full of the late balance disclosed pursuant to paragraph ( c ) ( 2 ) of this section is received within 30 days after disclosure. This consumer would like this negative, adverse information removed from all three credit reporting agency, also ( 2 ) This consumer would like to be compensated for destruction of the consumer profile causing the consumer extensive damages and denial of credit which is against the law as i'm entitlied to credit.as per 15 USC 1611.

Company response to consumer: Closed with explanation