Date Received: 2023-09-03
Issue: Problem with a purchase shown on your statement
Subissue: Card was charged for something you did not purchase with the card
Consumer Complaint: Hello and thank you for helping, I wanted to please connect because an agent made a mistake during the dispute process and now those charges are back I lost my card and it was charged twice at XXXX for {$900.00}. Discover did not alert me of this charge nor did it trigger their fraud alerts when these XXXX ( XXXX ) transactions were not only large but doubled. I contacted Discover and reported those charges fraudulent. The agent ended up highlighting every single transaction on my account history, saying that it was fraudulent. This resulted in everything, being a reverse the back of me, now being a responsible for more than what I owe. I told the agent the transactions from XXXX were fraudulent yet Im still being charged for them.
Company Response:
State: CA
Zip: 93722
Submitted Via: Web
Date Sent: 2023-09-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-02
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: PART 1 ( part 2 has been sent ) [ DISCOVER ], In the intricate dance of consumer rights, the onus to safeguard privacy and data integrity rests upon entities such as yours, entrusted with the sanctity of consumer information. Today, I present to you an orchestrated symphony that interweaves the legal tapestries of the Fair Credit Reporting Act ( FCRA ), the guidance of the Consumer Financial Protection Bureau ( CFPB ), and the resolute voice of an informed consumer. 1. Ethical Restoration vs. XXXX XXXX : A moment of profound significance stands before you, a juncture where the ethical restoration of consumer rights converges with the threat of legal pursuit. Choosing the former offers mutual benefit, while disregarding this juncture heralds a formidable legal challenge. 2. Acknowledgment of Alleged Debt : I wish to underscore that I am cognizant of the alleged debt that lingers in the annals of your records. However, my primary concern doesn't revolve around the existence of this debt ; it pertains to the many myriad ways in which your agency has violated the core tenets of my rights as a consumer. 3. Violation of Privacy and Consumer Rights : My consumer rights, akin to the threads weaving the fabric of democracy, have been egregiously violated by your actions. The sanctity of privacy, a cornerstone of consumer protection laws, has been disregarded. You have surfaced actions leveraging my personal and financial information for purposes beyond the scope of permissible usage, an act that reeks horribly of intrusion and transgresses ethical boundaries. 4. An Oath Betrayed : The very essence of your agency 's existence is rooted in the promise to uphold the sanctity of consumer information and privacy. Yet, the actions betray this oath, painting a harrowing picture of an entity that has strayed from its intended path. It is my undeniable right, as a consumer, to have my sensitive information guarded zealously, a promise you have failed to fulfill. 5. The Irrevocable Nature of TrusXXXX : XXXX is an intangible yet invaluable currency that forms the bedrock of any consumer-business relationship. Your agency 's actions, replete with disregard for my privacy and consumer rights, have irreversibly eroded this trust. The breach in this trust transcends the confines of financial matters, touching upon the very principles that underpin ethical business conduct. XXXX. The XXXX Footprints of Your Actions : The weight of your agency 's actions reverberates far beyond the confines of financial transgressions. It has ventured into the completed realm of privacy invasion, wherein my sensitive data has been mishandled and manipulated without proper consent or legal authority raising many alarms. The repercussions of such actions echo loudly in the corridors of my consumer rights, rights that are non-negotiable and legally protected. XXXX. A XXXX for XXXX : In light of these transgressions, I implore you to extricate the alleged debt from my consumer report promptly. This is not a mere request ; it is a demand steeped in the principles of consumer protection laws. By law and by right, I reserve the authority to bar your agency and its affiliates from reporting any information on my consumer report ever again from the moment this letter is received. This is not an option ; it is an inherent right that no entity can deny. XXXX. A XXXX to XXXX XXXX Rights : Your decision at this XXXX is pivotal, for it speaks volumes about your commitment to ethical conduct and consumer protection. The rectification I demand is not a mere formality ; it is a testament to your agency 's willingness to mend the breaches and violations it has caused. Your recent correspondence dated [ XX/XX/XXXX ] arrived at my attention, outlining the status of my alleged debt with your institution. Specifically, the correspondence dated [ XX/XX/XXXX ] pertained to the account charged off on XX/XX/XXXX, with a balance of {$2000.00}. Reporting on my consumer report. It has come to my attention that subsequent to the account charge-off, my information was disclosed to several external entities for further collection efforts. Notably, the account was entrusted to XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX. I was never disclosed of this matter. It was brought to my attention. This transference of my sensitive information is a clear violation of my consumer privacy rights. It is extremely imperative that my data remains confidential and not subject to unauthorized dissemination. By engaging in such actions, your institution has breached both the Fair Credit Reporting Act ( FCRA ) and the Consumer Financial Protection Bureau 's ( CFPB ) regulations governing the confidentiality of my consumer data. Furthermore, the decision to label the account as 'disputed ' upon my raising concerns is not only inadequate but also in direct violation of my rights. The erroneous representation of my dispute status to credit reporting agencies is a transgression against the regulations outlined in the FCRA, specifically XXXX XXXX XXXX XXXX. The XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX, and XXXX are entrusted platforms for the dissemination of accurate consumer data. Your institution 's engagement in reporting disputed status without due cause infringes upon my consumer rights and has inflicted damages upon my financial well-being. By continuing to report this disputed status without proper substantiation, you have not only perpetuated inaccuracies but also engaged in a form of harassment and abuse under the FDCPA. This violates 15 U.S. Code 1692e ( 8 ), wherein false representations or implications of the character, amount, or legal status of any debt are deemed as abusive and deceptive practices. I insist upon the immediate rectification of these violations by : 1. Ceasing any further reporting of the disputed status to the credit reporting agencies listed above. 2. Removing the disputed notation from my credit reports as expeditiously as possible. This juncture presents an opportunity for your institution to uphold ethical conduct, restore my rights, and align with the CFPB 's principles of consumer protection. Failure to comply with my demands immediately from receiving this information. I will render your institution liable for each violation committed against me and my consumer rights, especially the violations that are are in direct conflict with my valuable privacy which will be pursued in accordance with the remedies stipulated in the FDCPA and FCRA. XXXX Access to Personal Information : By collecting and verifying sensitive personal information without obtaining written consent or providing proper disclosure, you have violated the principles outlined in XXXX XXXX XXXX XXXX XXXX XXXX to Provide Clear Disclosure : Your failure to provide comprehensive and transparent disclosure of the information you obtained and reported, as required by XXXX XXXX XXXX XXXX, XXXX a breach of your obligations. XXXX. XXXX and XXXX Violations : Neglecting to maintain accurate and up-to-date information about the alleged account, in direct contravention of XXXX XXXX XXXX XXXX, has led to inaccuracies that undermine the integrity of the reported data. XXXX. Unauthorized Credit Report XXXX : By accessing and reporting on my credit reports without a written permissible purpose, you have directly violated XXXX XXXX XXXX XXXX, which stipulates the circumstances under which such access is lawful. XXXX to Update XXXX Accounts : Your failure to update the accounts status after verification, as required by XXXX XXXX XXXX XXXX, demonstrates a disregard for your responsibilities in the debt collection process. Furthermore, I must highlight a concerning breach of my privacy that has occurred due to the actions of XXXX from the XXXX XXXX XXXX XXXX XXXX. Her referral of my account to a debt collector without my explicit consent is a huge violation of my consumer rights and my right to privacy. This unauthorized sharing of my personal and financial information further compounds the violations that have already taken place. It is essential to emphasize that XXXX or any XXXX XXXX XXXX XXXX XXXX, do not possess any legal authority to disclose my private information or to initiate debt collection activities without my explicit written consent. Such actions undermine the principles of privacy protection that are central to consumer rights, causing even more clear damages and violations. I demand that you promptly stop breaching my privacy. XXXX steps must be taken to rectify this unauthorized sharing of my information and to prevent any similar occurrences in the future. As a consumer, I have the right to expect that my privacy is respected and upheld at all times. To make this more clear to you In the intricate tapestry of consumer protection and data privacy, there exists a boundary where ethics and regulatory adherence converge. Today, I beckon you to this XXXX, guided by the enigmatic language of the Fair Credit Reporting Act ( FCRA ), the judicious oversight of the Consumer Financial Protection Bureau ( CFPB ), and an uncompromising dedication to the intricacies of consumer rights. XXXX. Ethical Redress vs. XXXX XXXX : A choice looms before you, XXXX that bifurcates into XXXX distinct trajectories. Should you opt for the path of ethical redress, this ordeal finds its conclusion with mutual benefit. On the contrary, should you disregard this overture, my resolve to pursue legal remedies shall be resolute, unwavering, and XXXX. Acknowledgement of XXXX XXXX : A sagacious perspective necessitates that I acknowledge the existence of the alleged debt. However, the XXXX of this discourse resides not in the veracity of the debt, but rather in your agency 's transgressions that breach the walls of consumer rights and ethical conduct. XXXX. Failure to XXXX XXXX and XXXX : In the labyrinthine corridors of the FCRA, the foundational principles of consent and disclosure stand sentinel. Your agency 's actions, echoing as a clarion call of transgression, have breached these bastions. This, in turn, has corroded the edifice of ethical behavior that should underpin credit reporting practices. XXXX. Unlawful Clambering into XXXX XXXX : The gravity of unauthorized access to credit reports can not be underestimated. Your agency 's audacious breach of this sphere infringes upon privacy and eviscerates the trust reposed in you. A lucid explanation for this intrusion and an immediate rectification are demanded, reflecting your agency 's commitment to compliance. XXXX. Persistence of XXXX and XXXX Violations : At the crux of the FCRA lies the mandate for the accuracy and integrity of reported information. By choosing not to update verified accounts, your agency continues to perpetuate inaccuracies that resonate far beyond the immediate realm. Rectification is imperative, and only through it can the integrity of reported information be restored. XXXX. The XXXX of Investigative Diligence : The FCRA mandates the fair and expedient investigation of disputes. Alas, your agency has faltered in this crucial realm. for it is both the crux of compliance and the embodiment of your agency 's commitment to consumer rights protection. XXXX Missing Adverse XXXX Notice : The omission of an adverse action notice echoes as a glaring transgression. XXXX redress is sought, for such notice not only safeguards compliance but empowers the consumer to make informed decisions. The absence of this notice demands an explanation and a commitment to future compliance. XXXX. Protectors of XXXX XXXX : Consumer data protection, enshrined in FCRA 's security measures, underscores the importance of safeguarding information. Your agency 's failure to maintain such measures raises questions about the safety of personal data : A Precious Commodity : The sanctity of consumer information is integral to the FCRA 's architecture. Your agency 's actions, which transgress the boundaries of written permissible purposes, infringe upon consumer rights. The ensuing violation demands rectification, accompanied by a steadfast commitment to ethical conduct moving forward. XXXX. The XXXX to Uphold CFPB Regulation : The CFPB regulations constitute a beacon that illuminates the path of ethical conduct. I implore your agency to navigate this path with an unwavering commitment. The transgressions herein are a testament to the necessity of this adherence and the potential consequences of its disregard. In the crucible of these violations and the imperative for remediation, time no longer exists as an abstract concept. It metamorphoses into an inexorable force that underscores the urgency of your response. The choice I present is multifaceted, encompassing ethical rectification and the ceaseless pursuit of legal remedies. XXXX. Option XXXX - The Path of Ethical Rectification : By embarking upon this path, your agency chooses to restore consumer trust and uphold the mantle of ethical conduct. This entails the immediate deletion of the alleged debt from records on my consumer report, cessation of all collection activities, provision of written confirmation to CFPB. XXXX. Option XXXX - The Precipice of Legal Consequence : XXXX ethical rectification not find favor, the path of legal intervention remains which includes many of your violations. Each violation committed shall attract reparation. My unwavering commitment to consumer rights propels me to embark upon I wish to draw Discovers attention to the Fair Debt Collection Practices Act ( FDCPA ), which was established to protect consumers from abusive, deceptive, and unfair debt collection practices. There is abundant evidence that numerous debt XXXX, including your agency, engage in these practices, which contribute to personal bankruptcies, marital instability, job losses, and invasions of individual privacy. Specifically, the violations of XXXX XXXX Code XXXX - Acquisition of location information and XXXX XXXX Code XXXX - Communication in connection with debt collection are of utmost concern, and I hold Discover accountable for any violations committed by your agency. The FDCPA mandates strict compliance with these provisions. XXXX XXXX XXXX XXXX - XXXX of location information : Debt XXXX, including Discover, must adhere to the guidelines outlined in this section when attempting to acquire location information. Failure to do so is a violation of the FDCPA. XXXX XXXX XXXX XXXX - XXXX in connection with debt collection : XXXX ( a ) clearly states that a debt collector, such as Discover, XXXX not communicate with a consumer regarding the collection of any debt without the prior consent of the consumer or the express permission of a court of competent jurisdiction. It is imperative that this regulation is adhered to in all communication related to debt collection, and I hold Discover responsible for any violations in this regard. Cease and Desist Communication Pursuant to the Fair Debt Collection Practices Act ( FDCPA ) XXXX, I am hereby formally notifying Discover and any affiliated debt XXXX or creditors, including but not limited to XXXX XXXX XXXX XXXX XXXX, that I am exercising my rights under the law. I unequivocally refuse to pay the alleged debt that you claim. Furthermore, I am invoking my legal right to cease all further communication with me, whether directly or indirectly, regarding this debt. This request is made in accordance with the FDCPA XXXX. Henceforth, any communication with me or any third parties about this debt must strictly adhere to the FDCPAs guidelines : XXXX of Further Efforts : You are advised that any further efforts to collect this debt from me are hereby terminated. XXXX. Notification of Specified Remedies : I understand that you or the creditor XXXX possess certain remedies ordinarily invoked in such situations. However, any communication must explicitly pertain to the invocation of these remedies, should you choose to exercise them. Please be advised that, in accordance with the FDCPA, this cease and desist notice is effective immediately upon your receipt of this letter. Any further violation of my rights, as outlined in the FDCPA, will result in legal action against Discover and any affiliated parties involved. Respect my rights as a consumer and adhere to the legal obligations outlined in the FDCPA. Your cooperation in this matter is expected and non-negotiable. Violation of Fair Debt Collection Practices Act ( FDCPA ) *****NOTICE THIS IS NOT THE END***** XXXX correspondence has been sent immediately after this document and I encourage you to request it from CFPB if not accessible.
Company Response:
State: FL
Zip: 32566
Submitted Via: Web
Date Sent: 2023-09-02
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-02
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: PART ( 2 ) adding on from part 1 [ DISCOVER ] *******Another critical provision of the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S. Code 1692c ( b ) - Communication with third parties. This section is of great significance, and I believe its crucial that Discover understands its implications. 15 U.S. Code 1692c ( b ) - Communication with third parties : The FDCPA explicitly states that, without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector, including Discover, may not communicate with any person other than the consumer, their attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. While I represent myself in this matter, it is essential that Discover fully comprehends the scope of this provision. Any communication with third parties not covered by the exceptions outlined in the FDCPA constitutes a violation of my rights as a consumer. I urge Discover to promptly review its practices and ensure strict compliance with 15 U.S. Code 1692c ( b ). Violations of this provision can have severe legal consequences, and I am committed to protecting my rights as a consumer. I have identified numerous violations of 15 U.S. Code 1692d, which explicitly forbids harassment or abuse in the context of debt Consumers : ** Your actions, including disclosing my personal information in the context of debt collection, resemble the prohibited publication of a list of consumers who refuse to pay debts, as outlined in 1692d ( 3 ). **Advertisement for Sale of Debt : ** The manner in which you've pursued payment, including threats and coercion, could be construed as an attempt to advertise the sale of the debt, contravening 1692d ( 4 ). I have thoroughly reviewed your debt collection practices, and it has come to my attention that there are numerous violations concerning the Telephone Consumer Protection Act ( TCPA ), as stipulated in 47 U.S.C. 227. The TCPA establishes strict regulations regarding telemarketing calls, auto-dialing systems, and unsolicited facsimile advertisements, among other things. Each violation of the TCPA can result in penalties of up to {$1500.00} per violation. Upon reviewing your actions, it has become evident that you have consistently engaged in practices that run afoul of the TCPA. 2. Failure to Obtain Consent : The TCPA mandates that prior express consent must be obtained before initiating any telemarketing calls or sending unsolicited facsimile advertisements. It appears that you have not consistently obtained this required consent. 3.Lack of Opt-Out Mechanisms : The TCPA also requires that telemarketing calls provide recipients with an easy means to opt out of future communications. It is evident that your communications have not consistently included these opt-out mechanisms. 4. Calling Without Prior Consent : Your actions show that you have made numerous calls without the requisite prior consent, constituting violations of the XXXX. Given the severity of TCPA violations and the potential penalties of up to {$1500.00} per violation, it is crucial that you rectify these violations immediately. I strongly urge you to cease these practices and take corrective action promptly to avoid further consequences. I am acutely aware of the numerous violations concerning 15 U.S. Code 1666a - Billing Error Resolution that Discover has committed against me through their correspondence and billing practices. The law is explicit about the obligations of creditors, especially when an obligor has reported a billing error. These violations include : 1. Failure to Acknowledge Billing Errors Promptly : Discover has consistently failed to acknowledge billing errors promptly upon receipt of written notice. The law stipulates that creditors should acknowledge such notices within thirty days. 2. Failure to Make Appropriate Corrections : Instead of making appropriate corrections in response to reported billing errors, Discover has often chosen to continue collection activities without the requisite corrections or clarification. The law mandates that creditors must correct billing errors within XXXX complete billing cycles or no later than XXXX XXXX. Lack of Transparency in Providing Documentation : When a billing error is reported, Discover has failed to provide adequate explanations, clarifications, or copies of documentary evidence as required by law. This lack of transparency infringes upon my rights as a consumer. 4. Continued Collection Efforts Despite Billing Errors : Discovers continued collection efforts following reported billing errors, without adhering to the required procedures for resolution, constitute a significant violation of this law. 5. Restricting or Closing Accounts Prematurely : The law prohibits creditors from restricting or closing accounts solely due to an obligors failure to pay the amount indicated to be in error. However, Discover has not consistently followed this mandate. 6. Failure to Forfeit Rights After Noncompliance : Discover has failed to forfeit its right to collect the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) when it does not comply with the laws requirements. Under the law, creditors may forfeit this right, and any finance charges thereon, except that the amount required to be forfeited may not exceed {$50.00}. It has come to my attention that Discover you have acted in a manner that violates the FDCPA. Specifically, these violations relate to 15 U.S. Code 1692b ( 5 ) and 15 U.S. Code 1692e ( 11 ) of the FDCPA. 15 U.S. Code 1692b ( 5 ) - Acquisition of Location Information : I have reason to believe that Discover has communicated with parties not expressly permitted under this section of the FDCPA. Such actions raise concerns about compliance with federal law and the safeguarding of my rights as a consumer. It is imperative that communications pertaining to debt collection strictly adhere to the statutory guidelines set forth in the FDCPA. 15 U.S. Code 1692e ( 11 ) - False or Misleading Representations : There is also evidence that Discover has engaged in communications that are perceived to me as misrepresentations, particularly implying that certain communications were from an attorney, which may not have been the case. The FDCPA explicitly prohibits such false representations. I draw your attention to a matter of potential concern regarding the use of your corporate logo on certain correspondence sent to me, which may be a violation of the Fair Debt Collection Practices Act ( FDCPA ). In the recent correspondence received from Discover Financial Services, I have noted the prominent display of your corporate logo. While I understand the importance of branding and corporate identity, it has come to my attention that such usage on correspondence related to debt collection may contravene the provisions of the FDCPA, specifically 15 U.S. Code 1692e ( 5 ). 15 U.S. Code 1692e ( 5 ) - Use of Symbols or Language Indicating Debt Collection : This section of the FDCPA explicitly prohibits the use of any language or symbol on envelopes or within the contents of communication that indicates the debt collector is in the debt collection business or that the communication relates to the collection of a debt. The intent of this provision is to ensure that consumers are not misled or intimidated by the appearance of debt-related correspondence. The prominent use of your corporate logo on correspondence, which is unmistakably linked to the collection of a debt, raises many violation concerns about compliance with this provision of the FDCPA. It is imperative that debt collection communications adhere to the spirit and letter of the law to safeguard the rights and interests of consumers.I emphasize that my intention in bringing this matter to your attention is not merely to highlight a potential violation but also to ensure that debt collection practices are conducted ethically and in strict compliance with federal law. Attention, a matter that raises concerns regarding potential violations of the Fair Debt Collection Practices Act ( FDCPA ), specifically pertaining to 15 U.S. Code 1692e ( 11 ). 15 U.S. Code 1692e ( 11 ) - Failure to Disclose Debt Collection Status : This section of the FDCPA mandates that debt collectors must disclose, both in the initial written communication with the consumer and in the initial oral communication if the initial contact is oral, that they are attempting to collect a debt and that any information gathered during this process will be used for that purpose. Furthermore, it stipulates that in subsequent communications, it is essential to disclose that the communication is from a debt collector, except for formal pleadings made in connection with a legal action. I have received numerous communications from Discover Financial Services, which are considered attempts to collect a debt, yet these communications have consistently lacked the required disclosure that they are from a debt collector. This is a critical omission that could led to misunderstandings and violations of consumers rights under the FDCPA. It is imperative that debt collection communications fully comply with the provisions of the FDCPA to ensure transparency and protect the rights of consumers. Even if the absence of the specific phrase debt collector is argued, it remains essential that consumers are aware that the communication pertains to debt collection, as mandated by the law. This is a violation of 15 U.S. Code 1692e ( 11 ). All communications, both past and future, should unmistakably convey the nature of the communication as being related to debt collection. My intent in raising this concern is to ensure that Discover Financial Services adheres to the FDCPAs principles and provides consumers with clear, honest, and legally compliant debt collection communications. a Attention, another matter that raises concerns regarding potential violations of the Fair Debt Collection Practices Act ( FDCPA ), particularly related to 15 U.S. Code 1692f - Unfair Practices. 15 U.S. Code 1692f - Unfair Practices : This section of the FDCPA explicitly prohibits the use of unfair or unconscionable means to collect or attempt to collect any debt. It outlines several specific practices that are considered violations. Here are some of the key violations I have observed : ( XXXX ) Unauthorized Collection Amounts : I have received communications from Discover Financial Services that include claims for amounts beyond the principal debt. These additional amounts, including interest, fees, charges, or expenses, were not authorized legally. It is in violation of the FDCPA. ( XXXX XXXX XXXX XXXX XXXX : Discover Financial Services has allegedly accepted checks and other payment instruments that were postdated by more than five days. However, I was not provided with written notification of your intent to deposit these instruments as required by law. This lack of notification is seen as a violation of 15 U.S. Code 1692f ( 2 ). In your communications, Use of Language or Symbols on Envelopes : Discover Financial Services has used language or symbols on envelopes when communicating with me that do not comply with the FDCPAs guidelines. Specifically, using anything other than your address on envelopes could be considered a violation of 15 U.S. Code 1692f ( 8 ). It is essential to reiterate that adherence to the FDCPA is paramount in ensuring fair and ethical debt collection practices that protect consumers rights and interests. I am aware that under the FDCPA, each violation may incur a penalty of up to {$1000.00}. However, my primary objective is to foster compliance and ethical conduct, rather than seeking penalties. I encourage Discover Financial Services to rectify these potential violations and commit to transparent, lawful debt collection practices. 15 U.S. Code 1692g - Validation of Debts : This section of the FDCPA mandates certain actions and disclosures by debt collectors to ensure transparency and fairness in the debt collection process. It is imperative for Discover Financial Services to be in full compliance with these requirements. Here are some of the key violations I have observed : ( a ) Notice of Debt ; Contents : Discover Financial Services failed to provide the required written notice to me within five days after the initial communication in connection with the collection of the debt. The notice must include specific information such as the amount of the debt, the name of the creditor, and a statement of my rights to dispute the debt. This omission may constitute a violation of 15 U.S. Code 1692g ( a ). ( b ) Disputed Debts : Upon my written request within the thirty-day period as described in subsection ( a ), Discover Financial Services was obligated to cease collection activities related to the debt until verification of the debt or other requested information was provided. Despite my written request, collection activities persisted, which is a violation of 15 U.S. Code 1692g ( b ). Regarding the XXXX of XXXX in your correspondence. I want to bring to your attention a matter that directly affects my consumer rights. Your choice of using the word agreement, especially when communicating with me about debt collection, is a direct violation of my rights and is highly deceptive. Deceptive Terminology : Its essential to understand that using the term agreement can be misleading and deceptive, particularly when it comes to financial matters like debt collection. This is not merely an issue of semantics ; it goes to the heart of transparency and fairness in consumer dealings. Validation of Debt and Cease and Desist : Ive also previously requested validation of debt and issued a cease and desist notice. Its crucial to reiterate that upon receiving this document, all collection activities, including reporting to consumer agencies, must halt. Any continuation of these activities constitute violations of consumer protection laws. Compliance is not a choice. Regarding Admission of Liability : I want to underscore a critical point concerning the admission of liability. As per the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S. Code 1692g ( c ), the failure of a consumer to dispute the validity of a debt should not, under any circumstances, be construed by any court as an admission of liability by the consumer. Illegality of Default Judgments : Its imperative to understand that any attempt to obtain a default judgment under these circumstances is not only against the law but also in direct violation of my consumer rights. A default judgment in debt collection cases should not occur when a consumer has requested debt validation or issued a cease and desist notice. These legal safeguards are in place precisely to protect consumers from such practices. Compliance is Mandatory : I insist on full compliance with this aspect of consumer protection law. Failure to adhere to this principle constitutes a violation of the law and my rights. Immediate Action Required : Any attempt to obtain a default judgment in contravention of the law will be met with appropriate legal action to safeguard my rights. 15 U.S. Code 1692i - Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall 1. In the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or 2. In the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) In which such consumer signed the contract sued upon ; or ( B ) In which such consumer resides at the commencement of the action. ( If debt collectors choose to bring legal action, by law, they would have to bring it to my jurisdiction. ) ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. Discover, its crucial to emphasize that, as per 15 U.S. Code 1692i, legal actions on debts should be brought in specific jurisdictions. Debt collectors should not be initiating legal actions themselves. Congress has explicitly warned against the creation of documents that might mislead consumers into believing that a party other than the creditor is involved in debt collection. Its vital to ensure that such deceptive practices are avoided. I want to remind you of the violations identified in 15 U.S. Code 1692j : ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. Please ensure that your correspondence aligns with these legal requirements. Deceptive forms can have serious consequences, and its in both parties interest to maintain transparency. Bring your attention to the legal framework surrounding civil liability as specified in 15 U.S. Code 1692k. Its essential to understand the potential consequences of failing to comply with the provisions of the Fair Debt Collection Practices Act ( FDCPA ). This code outlines the following aspects of civil liability : Amount of Damages ( 1692k ( a ) ) : Any debt collector who fails to comply with the FDCPA may be liable to the affected person for : 1.Actual damages incurred due to the failure. 2.Additional damages as determined by the court, not exceeding {$1000.00} for individual actions or as applicable in class actions. 3.Costs of the legal action. 4. Reasonable attorneys fees. Factors Considered by Court ( 1692k ( b ) ) : The court considers various factors when determining the amount of liability, including the frequency and persistence of noncompliance, the nature of noncompliance, and whether it was intentional. Intent ( XXXX ( c ) ) : Debt collectors may not be held liable if they can demonstrate that the violation was not intentional and resulted from a bona fide error, provided they maintain procedures reasonably adapted to avoid such errors. Jurisdiction ( XXXX ( d ) ) : Actions to enforce liability can be brought in any appropriate United States district court without regard to the amount in controversy or in any other court of competent jurisdiction, within one year from the date of the violation. It is essential to comply with both the FDCPA and FTC guidelines, as they not only define ethical practices but also carry significant legal consequences for violations. Addressing a matter of utmost importance regarding documentation you have provided concerning the alleged debt associated with my account. As stipulated in Rule 1002 of the Federal Rules of Evidence, it is a fundamental requirement that an original writing, recording, or photograph is necessary to prove its content unless specified otherwise by these rules or a federal statute. This rule, designed to uphold the integrity of evidence, plays a pivotal role in ensuring the accuracy and authenticity of documents used in legal matters. Regrettably, Discovers failure to provide the original document in question pertaining to the alleged debt represents a major violation of Rule 1002 and calls into question the legitimacy of the debt and the accuracy of the information being pursued. By not adhering to this critical rule, Discover has jeopardized the credibility of its collection efforts and may have placed itself in a precarious legal position. The absence of the original document raises significant doubts regarding the validity of the debt you are attempting to collect. I must insist that Discover should have taken immediate corrective action by providing the original document as required by Rule 1002. Addressing this major violation is essential not only for compliance with legal standards but also for restoring trust and transparency in your future dealings. Failure to rectify this situation promptly will result legal actions to safeguard my rights and interests. Please consider this matter seriously, as it pertains to a major violation with potential legal consequences.- **Subject : Assumption of Risk and Your Debt Collection Practices** A matter of utmost importance concerning your debt collection practices, particularly in light of the legal doctrines of " assumption of risk. " Assumption of risk '' is a legal concept with deep-rooted principles, indicating that individuals who knowingly and voluntarily accept the risks of certain actions or decisions can not subsequently seek recourse for any resulting consequences. This doctrine highlights personal responsibility for one 's choices. In the context of debt collection, this concept takes on a significant meaning. By purchasing and attempting to collect debts, you willingly assume the inherent risks associated with these financial transactions. It's essential to recognize that these debts may be inherently problematic or noncollectable, and your decision to engage in this business carries with it certain responsibilities. While " assumption of risk '' was traditionally an affirmative defense available to defendants in legal matters, it has evolved, particularly in jurisdictions like California, to include scenarios where the defendant does not owe a duty of care to the plaintiff. This means that, as a debt collector, you must consider the inherent risks in your chosen field of business.Express assumption of risk, often formalized through signed waivers, can limit your liability to the terms of such waivers, provided they are not against public policy. In essence, it becomes a contractual matter. Implied assumption of risk, on the other hand, prevents a party from recovering when they voluntarily accept the risks associated with a certain activity, and this is where your responsibilities come into play. Debt collection inherently carries risks, such as the possibility of dealing with uncollectible debts, challenging debtors, or navigating complex regulations. It's crucial to understand that you, as a debt collector, have knowledge and appreciation of these risks. In doing so, you assume the responsibility for the outcomes of your collection efforts. Whether debts are collectible or not, it is your obligation to act in compliance with the law and to treat debtors fairly and ethically. While the legal landscape surrounding " assumption of risk '' may have evolved, your responsibilities as a debt collector have not changed. You must uphold ethical standards, adhere to the Fair Debt Collection Practices Act ( FDCPA ), and act within the boundaries of the law. Failure to do so could expose you to significant legal consequences, including potential violations of the FDCPA, which carries its penalties and liabilities. Attention to a critical legal statute, 18 U.S. Code 1341, which pertains to Frauds and Swindles. This statute outlines severe penalties for individuals or entities that engage in schemes to defraud, obtain money or property through false pretenses, or employ fraudulent representations or promises. Specifically, the statute states : Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promisesplaces in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Serviceshall be fined under this title or imprisoned not more than 20 years, or both. The implications of this statute are profound and far-reaching, and it underscores the importance of conducting business activities with the utmost integrity and transparency. Any actions that can be construed as fraudulent or deceptive can result in severe legal consequences, including significant fines and imprisonment. In the context of your debt collection practices, it is imperative to adhere to the highest ethical and legal standards. Deceptive practices, false representations, or any actions that may be interpreted as fraudulent must be avoided at all costs. Moreover, I would like to emphasize that this statute carries even more severe penalties if the violation relates to a presidentially declared major disaster or emergency, or if it affects a financial institution. In such cases, the potential fines and imprisonment terms can be exceptionally high. The U.S. Code, specifically 18 U.S. Code 1028A, addresses the grave offense of Aggravated Identity Theft. This law aims to protect individuals from the malicious use of their personal information and identity for fraudulent purposes. It is a matter of utmost significance, as identity theft can lead to severe financial and emotional distress for the victims involved.I have reason to believe that my personal information has been mishandled, leading to many concerns about my privacy and the security of my identity. I take these matters very seriously. My primary objective is to ensure that my personal information remains secure, and Ive also noted violations of 18 U.S. Code 1028A. I believe it is essential to discuss these issues in detail to ensure a full understanding of the situation. As a responsible consumer, I have always upheld the importance of maintaining a clean and accurate credit history. However, recent events have led me to question the practices employed by Discover in managing my credit information, specifically in connection with Unwritten Permissible Purpose. The Fair Credit Reporting Act ( FCRA ) outlines specific guidelines and regulations governing how consumer credit information is collected, reported, and used by creditors, including Discover. One crucial aspect of the FCRA is the requirement for creditors to have a permissible purpose to access a consumers credit report. It has come to my attention that Discover may have been engaged in a practice known as Unwritten Permissible Purpose. This practice involves accessing a consumers credit report without a clearly defined or legitimate reason, which raises significant concerns about the privacy and security of my personal information. I firmly believe that consumers have the right to protect their sensitive financial information from unwarranted intrusion. As a diligent and responsible consumer, I have taken every precaution to safeguard my credit history, and it is disconcerting to encounter practices that appear to circumvent the FCRAs safeguards. Furthermore, it has come to my attention that Discover conducted a soft pull on my credit account when I initiated the process of filing claims. This action raises additional concerns about the privacy and security of my financial information, as it was performed outside the context of permissible purposes under the FCRA. Discovers actions in this regard may potentially violate the FCRA, and it is essential to address this issue comprehensively. I have serious reservations about the unauthorized access to my credit information and the implications it may have on my financial privacy. specifically concerning tax reporting and potential violations that have come to my attention. Recent events have led me to question the practices employed by Discover in managing my credit information, particularly regarding the reporting of charged-off debts and tax-related matters. A charged-off debt typically signifies that a creditor has deemed the debt as uncollectible and, in most cases, a tax break for the loss. It is essential for consumers to be aware of the financial implications of a charged-off debt, including the obligation to report it as gross income when necessary. When a debt is charged off, consumers have the right to request a Form 1099-C, known as the Cancellation of Debt form, from the creditor. This form is vital for tax purposes, as it ensures that any canceled debt is properly reported as income to the IRS. Filing the 1099-C is not only a legal obligation but also a means for consumers to maintain accurate records of their financial transactions. The filing of the 1099-C fundamentally changes the status of the debt from a bad debt to income. It demonstrates that the consumer has fulfilled their obligation by reporting the canceled debt as income during tax filings. This critical step ensures transparency and compliance with tax regulations. It has come to my attention that Discover may not be providing consumers with the necessary Form 1099-C upon the charge-off of a debt. This practice raises serious concerns about compliance with tax reporting regulations and may potentially constitute tax fraud. As a consumer, I am deeply troubled by the failure to provide essential tax documentation. If Discover fails to provide consumers with their Form 1099-C when required, it jeopardizes not only the consumers financial records but also the creditors reporting obligations to the IRS. This situation is further exacerbated when a charged-off debt is inaccurately reported as a collection item, creating an erroneous representation of the consumers credit status. I want to emphasize the significance of this issue and the potential consequences for both consumers and creditors. When debts are reported as charged off, Discover should ensure that the associated Form 1099-C is provided promptly. Failure to do so could lead to tax-related problems for consumers and potential regulatory issues for Discover. Additionally, I urge Discover to promptly correct the inaccurate reporting of charged-off debts as collectors items, as this misrepresentation can adversely affect a consumers creditworthiness and create unnecessary challenges. I believe in the importance of transparency, accuracy, and compliance in financial matters, this matter is of significant importance to me, as it pertains to both my financial well-being and my confidence. I insist that Discover immediately removes the alleged debt from my credit report and ceases any further reporting related to this matter on my consumer report.
Company Response:
State: FL
Zip: 32566
Submitted Via: Web
Date Sent: 2023-09-02
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-02
Issue: Problem with a purchase shown on your statement
Subissue: Overcharged for something you did purchase with the card
Consumer Complaint: Ive had random transfer balance charges totaling almost {$4000.00} posted to my account on Discover. I call them and no one can explain where they came from, and I tried so many times. They even charged me interest for these bogus charges. When they do explain, agents tell me about charges already literally posted to my account. I finally got them to return some of my money, but they still keep charging me XXXX as a broke XXXX XXXX XXXX.
Company Response:
State: CA
Zip: 94536
Submitted Via: Web
Date Sent: 2023-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-02
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: I've had this credit card for over 3 years with a XXXX limit that they have only increased once. Each time I make payments they usually apply very quickly however recently that has been different. I made a {$1000.00} payment and I have attached evidence from my bank statement showing that it was removed from my bank account. It was applied to my credit card and then it was suddenly not. They keep holding payments and they won't apply them to my card suddenly. Not to mention that there are holds and pending transactions for companies like XXXX that have been held for weeks I can't even see them there is nowhere in my account that I can view them. They will just verbally tell me when I asked them like today. This is the strangest thing I've ever seen and it's changed over the last 6 months. Now with {$1000.00} missing out of my bank account for a payment and they want to play it to my card and it goes against their actual rules about payments when they post it's concerning and I don't get an answer from them. How is my balance {$600.00} for the attachment but I only have a little over {$300.00} available for use and my limit is {$3200.00}? I make XXXX annually and have never missed a payment with excellent credit rating but they never increase my spending allowance.
Company Response:
State: MI
Zip: 48167
Submitted Via: Web
Date Sent: 2023-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-01
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: The company responded to the case that I had filed with CPFB and they provided false information. I did not accept all fraud charges as valid and only charges that were mine were valid. This is not done and I want them to actually help me solve this issue that has been going for a year and they have not resolved it.
Company Response:
State: FL
Zip: 326XX
Submitted Via: Web
Date Sent: 2023-09-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-01
Issue: Incorrect information on your report
Subissue: Personal information incorrect
Consumer Complaint: several credit companies have an incorrect social security number for me
Company Response:
State: KS
Zip: 662XX
Submitted Via: Web
Date Sent: 2023-09-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-02
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I am a victim of identity theft and there we're two credit card accounts that was opened in my name with Discover and XXXX XXXX XXXX. I am contacted both of them several times and ask them to remove this from my credit report because and sent a police report stating im a victim of a identity theft but they still continue to keep reporting on my profile. They forced me to file for bankruptcy because how negatively these accounts have effected my credit report. I will be filing a lawsuit if they don't remove their profile from my credit report.
Company Response:
State: CT
Zip: 06851
Submitted Via: Web
Date Sent: 2023-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-02
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: I want to address the issue I had with Discover in relation to my complaint filed with the CFPB. On the unfortunate day of a robbery, my XXXX with the phone number ending in **** was stolen, along with multiple credit cards and bank debit cards, including my Discover card. Since I hadn't received the official police report at that time, I promptly reported the incident to the police and provided Discover with the police report number Discover assured me that they had reached out to the police department to obtain the police report with number I had given. However, due to the unfortunate circumstances surrounding the theft, I had to take immediate precautionary measures, including changing both my phone number and email address to prevent access to all my financial accounts, including Discover, through apps on the stolen XXXX. In XXXX, I filed a fraud claim with Discover for unauthorized charges. They reissued me a new Discover card, but unfortunately, it became compromised due to the transfer of app information through XXXX. It wasn't until 2023 that Discover finally started investigating my fraud claim, which caused significant delays and challenges for me. To my dismay, Discover is now refusing to compensate me for the fraud charges and even recharging me for the charges that I had already paid while they were supposed to be investigating my fraud claim. This has not only resulted in financial strain but has also negatively impacted my credit score. I strongly believe that this may be in retaliation for filing a CFPB Report against them Discover has decided to close my account. I am seeking resolution and fair compensation for the fraudulent charges and the damages to my credit caused by Discover 's handling of my case.
Company Response:
State: NV
Zip: 89031
Submitted Via: Web
Date Sent: 2023-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-31
Issue: Trouble using your card
Subissue: Can't use card to make purchases
Consumer Complaint: I opened a Discover Credit card account and because I complained about their horrible customer service. I was retaliated against and the pur my account in protected service. Now they are asking me to send a picture of me through a link of my cell phone. This is discrimination.
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-08-31
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A