Date Received: 2023-07-27
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: My whole identity and information was and has been comprised for years and I found out this XXXX and have been actively trying to reach out to multiple banks to close these accounts as well as remove the fraudulent information from my credit. I contacted discover in XXXX and they had closed the fradulent accoutlnt and it was removed from my credit for a month but they put in back. The fradulent activity was already proved to not me mine and it should be removed permanently.
Company Response:
State: IL
Zip: 60615
Submitted Via: Web
Date Sent: 2023-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-27
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: Complaint Against Discover - Attempted Closure of Credit Card Account and Violation of Consumer Protection Laws Dear Sir/Madam, I am writing this letter to file a formal complaint against Discover Financial Services in relation to their attempted closure of my credit card account, which I believe is a clear violation of the Truth in Lending Act ( TILA ) and other relevant consumer protection laws. Pursuant to 15 U.S.C. ch. 41 1601 et seq., the TILA was enacted to promote the informed use of credit by requiring accurate and meaningful disclosure of credit terms to consumers. One of the key provisions of the TILA, as mandated by 15 U.S.C. ch. 41 1631, is that creditors must provide written notice of the reasons for adverse actions taken against a consumer, such as closing a credit card account. On XX/XX/2023, I received a notice from Discover indicating their intention to close my credit card account without any clear explanation for such action. This notification fails to comply with the XXXX 's disclosure requirements, as it omits pertinent information about the reasons behind the account closure. Discover 's actions, or lack thereof, have left me feeling uninformed, distressed, and unsure about the impact on my financial well-being. Additionally, I suspect that Discover 's actions may also be in violation of the Equal Credit Opportunity Act ( ECOA ) ( 15 U.S.C. ch. 41 1691 et seq. ), which prohibits creditors from discriminating against applicants or borrowers based on race, color, religion, national origin, sex, marital status, age, or receipt of public assistance. While I can not definitively assert that this is the case without further investigation, the lack of transparency in Discover 's communication regarding the account closure raises concerns about potential discriminatory practices. The consequences of Discover 's attempted closure of my credit card account have been severe, both mentally and financially. The uncertainty and emotional distress caused by this action have taken a toll on my overall well-being. Furthermore, the sudden loss of access to credit and the need to seek alternative financing options have resulted in significant financial strain, making it difficult for me to meet my financial obligations. Additionally, I am deeply concerned about the potential impact on my credit profile. As a responsible credit user, I have diligently maintained a good credit history since I've had this account. However, Discover 's attempt to close my credit card account without valid reasons may lead to unjustified negative marks on my credit report, damaging my credit score and hindering my ability to access credit in the future. This is truly disheartening. In light of these circumstances, I urgently request the CFPB to conduct a thorough investigation into Discover 's actions. It is essential to ensure that Discover complies with the TILA and other applicable consumer protection laws to safeguard the interests of consumers like myself. I sincerely hope that the CFPB will take this matter seriously and take the necessary steps to protect my rights as a consumer under the law. Your intervention is crucial to rectify the mental distress, financial hardship, and potential credit damage I am facing due to Discover 's actions.
Company Response:
State: GA
Zip: 30253
Submitted Via: Web
Date Sent: 2023-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-27
Issue: Other features, terms, or problems
Subissue: Problem with balance transfer
Consumer Complaint: Two types of balances on my account ; " Purchases '' with XXXX XXXX and " Balance Transfer '' XXXX XXXX. ( statements attached ) On my XX/XX/XXXX statement Purchases {$2200.00} ... Balance Transfer {$2800.00} with Min Payment Due {$100.00} ... .My goal was to payoff the balance incurring interest so I made {$2400.00} payment on XX/XX/XXXX. The minimum payment amount is first applied to the XXXX XXXX balance any amount leftover is applied to the Purchase / Interest Incurring amount... Therefore ( IF it was working correctly ) : {$2400.00} - {$100.00} ( min due applied to Balance Transfer Balance ) = {$2200.00} remains to be applied to Purchase Balance of {$2200.00} resulting in {$0.00} Purchase Balance and {$93.00} left over to be applied back to the remaining Balance Transfer Balance... After this payment is properly applied the remaing balances should look like this : Purchases {$0.00} ( {$2200.00} - {$2200.00} = {$0.00} ) Balance Transfer {$2600.00} ( XXXX - {$100.00} - {$93.00} = {$2600.00} ) ******************************************************************************* HOWEVER this is what actually showed on my next/current statement dated XX/XX/XXXX : Purchases {$530.00} ( which also now incurs 27.99 % interest {$12.00} ) Blance Transfer {$2600.00} ******************************************************************************* When you do the math comparing before and after totals you can see how the {$2400.00} was incorrectly applied : Prior Purchase {$2200.00} - Current Purchase Balance {$530.00} = {$1600.00} was applied Prior Balance Transfer {$2800.00} - Current Balance Transfer Balance {$2600.00} = {$200.00} was applied ..... First problem : Add the two " applied '' amounts ( {$1600.00} + XXXX = {$1800.00} NOT {$2400.00} ... it's {$510.00} short??? Second problem : Because the Current Purchase Balance was not {$0.00} as it should be it generated interest ... My account is set to auto-pay the minimum due so if I wasn't paying attention to this error, the next minimum payment {$52.00} will only be applied to the 0 % interest " bucket '' and the interest " bucket '' will keep incuring interest on interest ... a vicious circle! Now, we could assume if I attempt to fix this problem again, I can make a {$100.00} payment, exceeding the {$52.00} min due, and {$52.00} would go to Balance Trransfer and {$48.00} would go towards the remaing interest BUT we can clearly see that did NOT happen when I paid {$2400.00} so why would I assume it would work correctly with {$100.00} payment??? ********************************************************************************* When customer with two types of balances sends in payments exceeding the minimum payment due the remaining amount is NOT being applied to the interest bearing amount as it should be. Instead it creates a vicious circle of interest upon interest which is not within the law / contractual agreement. On XX/XX/XXXX I spent almost XXXX hours on the phone with DISCOVER, explaining the math to rep, who transfered me to billing, who transfered me to her manager where my call was dropped, so back into the queue where I got another rep where I had to explaint the math AGAIN to get transferred to another supervisor, XXXX, who understood the issue, credited me the {$12.00} interest promissing that it cleared the " Purchase/Interest '' bucket and no more interest will be incurred ... I will see on my next statement XX/XX/XXXX ... I went a step further and made {$100.00} payment today ; {$52.00} min + {$48.00} to cover more than enough IF there is interest on next statement XX/XX/XXXX... assumming the system works correctly next month. I'm filing this complaint today because my large {$2400.00} payment was applied very incorrectly. Their system is obviously not appling payments correctly when there are two types of balances and the system needs to be fixed ... .If I had not been diligent I would fall into the " interest upon interest '' scenerio. Many customers do NOT understand how this should work and easily will miss this mistake which LARGELY FINANCIALLY FAVORS the business not the consumer.
Company Response:
State: CA
Zip: 92110
Submitted Via: Web
Date Sent: 2023-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-27
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: [ Your Name ] [ Your Address ] [ City, State, ZIP Code ] [ Email Address ] [ Phone Number ] [ Date ] Consumer Financial Protection Bureau XXXX XXXX XXXXXXXX XXXXXXXX XXXX, IA XXXX Subject : Complaint Regarding Inaccurate Personal Information on Credit Report Dear Sir/Madam, I am writing to file a formal complaint against Discover Bank regarding the inaccurately reported account that they reported on my consumer credit report. I believe that their negligent reporting has resulted in significant harm to my financial reputation and has hindered my ability to access credit on fair terms. Discover has reported an account on my credit report as charged off for almost 5 years. According to the IRS in order for a debt to be charged off the debt would've had to be canceled by properly filing a 1099c form with the internal revenue service. I recently called Discover at the beginning of XX/XX/2023 to request a copy of the 1099c form for the canceled debt. I was told verbatim by one of Discover 's representatives that there was no 1099c filed for this debt due to a possible mix-up. According to the IRS in order to charge off a debt the company has to file a 1099c, by doing so they claimed the debt as unretrievable, and write it off which the debt is then classified as _____ income. Violation number 1 : Income can not be reported on a consumer credit report. After calling I decided to do my due diligence and mail a formal request to Discover to retrieve the 1099c form which I am legally entitled to. Not to mention that the 1099c form is required to be sent to the account holder as notice that the debt was canceled/charged off which it NEVER was because as the representative told me it was NEVER FILED. After sending my request via certified mail I received no response from said company within the reasonable time frame given. If the 1099c form was never filed then this account has been FALSELY reporting on my credit report for 5 plus years. I am deeply concerned about the impact this FRAUDULENT reporting may have had on my creditworthiness and overall financial standing for these last few years. As a responsible and diligent consumer, I have taken steps to ensure the accuracy of my credit report, including regularly monitoring my financial activity, promptly addressing any concerns, and maintaining good credit habits. However, despite my efforts, it appears that Discover and the credit bureaus have failed to fulfill their obligation under the Fair Credit Reporting Act ( FCRA ) to report accurate and up-to-date information. I kindly request that the Consumer Financial Protection Bureau intervene in this matter to rectify the situation promptly. Specifically, I request the following actions : Conduct a thorough investigation : I urge the CFPB to initiate an investigation into the inaccurate personal information reported by Discover. This investigation should encompass the specific inaccuracies I have identified, as well as any other potential errors that may exist within my credit file. Prompt removal of inaccurate information : Upon completion of the investigation, I insist that XXXX, XXXX, and XXXX be instructed to remove all inaccuracies from my credit report immediately. It is crucial that my credit report accurately reflects my personal information and financial history, as any further delays may result in unjust consequences for my creditworthiness and financial well-being. Notification of resolution : Once the necessary corrections have been made to my credit report, I kindly request that the CFPB ensure I am promptly notified of the resolution in writing. This notification should include a copy of my updated credit report reflecting the accurate information. I believe that by taking swift action on this matter, the CFPB can uphold its mission of protecting consumers and promoting fair and transparent financial practices. I trust in your commitment to ensuring the accuracy and integrity of credit reporting, which plays a crucial role in the lives of countless individuals. Enclosed with this letter are copies of the relevant documents supporting my claims, including my credit report highlighting the inaccuracies. Please find the enclosed documents for your reference. Thank you for your attention to this matter. I sincerely hope for a prompt resolution to rectify the inaccuracies on my credit report and restore my financial reputation. I appreciate the vital role the CFPB plays in safeguarding consumer rights, and I have confidence that my complaint will receive the attention it deserves. Should you require any further information or documentation, please do not hesitate to contact me at the provided contact details. I eagerly await your response and the resolution of this issue. Yours faithfully, XXXX Broken Laws & Violation : 15 U.S.C 1681 section 602 A. States I have the right to privacy. ( For starters I never gave consent for this private information to be reported on my credit report and it is highly invasive. Furthermore, the canceled debt is classified as gross ordinary income by definition of the federal law and the IRS. As stated by law Income can't be reported to a consumer 's credit report ). 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions ( I never gave consent for this private information to be reported on my credit report and it is extremely invasive. I also never received notice of the debt being late nor charged off. According to the law in order for a debt to be considered charged off the debt presumably by law was canceled which requires a 1099c form to be sent via mail which could've sufficed as notice but such form was never received. If the proper procedures were followed I wouldve been served my 1099c according to verbal confirmation from the IRS. I have requested this form from the creditor via certified mail and have yet to receive a response. It is safe to assume their silence means they are in agreement or they can not provide the form because it was never properly filed which is HIGHLY illegal and violates my rights as a consumer ). 15 U.S.C 1681c. ( a ) ( 5 ) Section States : 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.
Company Response:
State: TX
Zip: 787XX
Submitted Via: Web
Date Sent: 2023-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-27
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: Discover Financial Services is in violation of 15U.S.C 1681b ( a ) 3 ( f ) ( i ) ; for unlawfully obtaining my XXXX Consumer Report on ( XX/XX/2022 ) without my authorization or permissible purpose under the Fair Credit Reporting Act and its guidelines. It has been more than 60 days since they were notified of their violation and they have not provided me a copy of my written authorization I gave them or permissible purpose.
Company Response:
State: TX
Zip: 78666
Submitted Via: Web
Date Sent: 2023-07-27
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-27
Issue: Problem with a purchase shown on your statement
Subissue: Card was charged for something you did not purchase with the card
Consumer Complaint: See attached letter.
Company Response:
State: UT
Zip: 84081
Submitted Via: Web
Date Sent: 2023-07-27
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-27
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: My credit reports have two new accounts open that are not mine. My Social Security number has been compromised. XXXXXXXX XXXX and Discover are not mine. Please help. I do have a freeze put on my credit reports.
Company Response:
State: TX
Zip: 786XX
Submitted Via: Web
Date Sent: 2023-07-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-28
Issue: Getting a credit card
Subissue: Card opened as result of identity theft or fraud
Consumer Complaint: On XXXX of XXXX, Discover Credit Card put me liable in my credit report for a credit card bill that i did not even open with them. I reported this to Discover since last year in XX/XX/XXXX. I came to find out about from a fraudulent withdrawal that i did not authorize in XXXX XXXX XXXX that a credit card was opened under my name. I spoke to Discover and they want me to file a Police Report, and get letter from XXXX XXXX XXXX stating that i did not have anything to do with the credit card fraud, and the Bank letters completely state that the transaction was refunded to me because i did not authorize anything to be done under my name. Thinking that they would take care of the credit card fraud, and instead i have to do so many steps to get it resolved. My credit was damaged because a credit card was opened under my name, and transactions started to happen last year in XX/XX/XXXX. Discover is billing me for {$860.00} for an amount that I did not even do. My previous Bank, XXXX XXXX XXXX disputed a withdrawal of {$700.00} and refunded me the money because they found the dispute in my favor. I never authorized anyone to use my information to open up a credit card under my name or even do Banking transactions. I never had a credit card with anyone, or never opened one up myself. I need help because Discover Credit Card put me as liable in the Credit Bureau, and i am a victim of fraud, and the transactions that point to different places in Florida are not mine, and I did not visit those places in those dates, and I know for a fact that those dates i was working full time. As well, i found out that two accounts were opened fraudulently with XXXX XXXX and they completed their investigation and found the case in my favor. I am just starting to fix my credit, because this is crazy to find out there was something like this.
Company Response:
State: FL
Zip: 33578
Submitted Via: Web
Date Sent: 2023-07-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-26
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. '' XXXX, XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of it's customers and to protect the security and confidentiality of those customers ' nonpublic personal information. " ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any 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. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) 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. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states " Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U. S. Code subsection 1681 s-2 ( A ) ( 1 ) A states A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S.Code subsection 1681e states " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681 c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. '' XXXX XXXXXXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR subsection 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. ''
Company Response:
State: MO
Zip: 63366
Submitted Via: Web
Date Sent: 2023-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-07-26
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: On XX/XX/XXXX, I authorized a deposit for moving expenses to a company named XXXX XXXX based in XXXX, centered around an interstate move from XXXX XXXX to XXXX. The deposit was {$1600.00} for a BINDING price of {$4400.00} to pack and move my residence, to move my motorcycle, and to load and move an already packed residence of my girlfriend. On XX/XX/XXXX, I was informed that XXXX XXXX was just a Broker and not the actual moving company. The company that would actually be handling my move was a XXXX XXXX XXXX XXXX based in New Jersey. They arrived at my residence and told me that it would be in excess of {$8000.00} to pack my items and move them to Florida. I informed XXXX XXXX XXXX that I had a BINDING agreement with XXXX XXXX and that it was {$4400.00}. XXXX XXXX XXXX loaded the truck as I had an apartment lease and needed to have the items removed from the property. They brought them to storage in XXXX XXXX. I disputed the charge with Discover due to Fraud, deceptive practices, extortion etc. and won the dispute. I filed a report with the USDOT and the FCMSA. XXXX XXXX XXXX as a result of losing the dispute has informed me they are going to auction off my items as a result. Litigation has been threatened against XXXX XXXX XXXX and XXXX XXXX if this occurs. My attorney is XXXX XXXX in XXXX. The fraud the commenced was a moving scam initiated by the Broker, XXXX XXXX. They get your business by coming in with a low price. Then when the actual moving company is on site, they can charge you whatever they want. XXXX XXXX XXXX even had the audacity to show up with a XXXX XXXX XXXX rental truck, which only has a capacity of XXXX cubic feet, and charge me for XXXX cubic feet. This fraud has been reported to Discover and law enforcement authorities and criminal charges are pending. As XXXX XXXX was a party to this criminal fraud, I do not believe they should be allowed to collect on this {$1600.00} deposit. Further, as the job was not completed as one residence was not packed, the motorcycle was not packed, my items are stranded currently in a storage unit in XXXX XXXX, and they are being threatened to be auctioned off ; in no way, shape or form has the job been completed as described and it is very likely criminal in several aspects. As such, I do not believe XXXX XXXX should be allowed to charge me {$1600.00}. I ask the Consumer Protection Financial Bureau to mandate Discover to complete a more thorough, fair, and proper investigation, for the CFPB to inform them that when criminal fraud is perpetrated in conjunction to a credit card transaction, that it invalidates the charge. I thank you for your time and attention in this matter!
Company Response:
State: FL
Zip: 33578
Submitted Via: Web
Date Sent: 2023-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A