Date Received: 2022-03-30
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Discover is in violation of federal law pursuant to 15 U.S. Code 1692c ( a ) ( c ) - Communication in connection with debt collection ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated. ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. ( a ) Communication with the consumer generally 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 may not communicate with a consumer in connection with the collection of any debt Communication is defined as ( 15 U.S. Code 1692a ( 2 ) ) ( 2 ) The term communication means the conveying of information regarding a debt directly or indirectly to any person through any medium. I the consumer have never given explicit written consent for Discover to " communicate '' or furnish an alleged debt on my consumer report. Consumer report is considered a " medium '' where information is furnished. I demand Discover cease and desist pursuant to federal law 15 usc 1692c ( c ). Discover is in violation if the account is continuing to report on my consumer reports and Discover does not have permissible purpose to report this account pursuant to 15 usc 1681b. Immediately remove from all consumer reports DISCOVER FIN SVCS LLC Credit Card with account # XXXX with a balance of {$1300.00}.
Company Response:
State: GA
Zip: 30318
Submitted Via: Web
Date Sent: 2022-03-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-30
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Discover keeps reporting debt when I was given a 1099c. And Discover refuses to state on my report that when I filed my 2020 taxes debt was reported. Discover will not change information on my credit reports. Also I need proof of the dates that Discover claims I was late. Please provide records of the late payments Discover is claiming as I dont remember the late payments.
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-03-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-30
Issue: Struggling to pay mortgage
Subissue:
Consumer Complaint: XXXX XXXX XXXX XXXXXXXX is the holder of my first mortgage on my property. i went into forbearance due to layoff from covid shutdown. as i am coming out of forbearance they did present me with some options, one was a loan modification but they did not provide the documentation requested by my second mortgage holder for a subordination ( Discover home loans ). Discover home loans denied the request for subordination due to delinquency, but i was delinquent due to forbearance under the cares act and the second reason was that XXXX XXXX did not provide the proper documentation. when the subordination was denied sun XXXX immediately moved into the foreclosure process asking for {$33000.00} due by XX/XX/2022. this is a federally backed loan by fannie mae and it is my understanding that federal backed loans will not be asked for payment in full i have made payments in full to both companies since my forbearance ended and am ready willing and able to continue making payments on my home but the current situation is i will be forced to have my home foreclosed on or sell if i do not take out another loan to cover the mortgage balance. something seems off here and i can not understand why both companies would rather see a foreclosure rather then just work something out and have me continue to make my payments. i think i need some help.
Company Response:
State: PA
Zip: 19147
Submitted Via: Web
Date Sent: 2022-03-30
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-30
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: A third-party debt collector purchased a debt that doesn't belong to me. I notified them that it was not my debt and I disputed it. On XX/XX/XXXX, the company filed a suit against me in the state of Wisconsin for the amount of {$17000.00}. The company claims to represent the original creditor, yet has provided no contract, or affiliation agreement showing proof of this claim. The company has also failed to provide me with a contract containing my signature, which they claim to have. On two separate occasions, on XX/XX/XXXX, and XX/XX/XXXX, both via certified mail, I've requested this contract. I am now going through litigation and court proceedings as a result.
Company Response:
State: WI
Zip: 53209
Submitted Via: Web
Date Sent: 2022-03-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-29
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: I extended my credit to Discover Student Loans evidenced by my Social Security Credit Card Account number being attached to the Loan Application and Promissory Note. Credit Card is defined as any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. This is evidence that my Social Security Card was used as a Credit Card in order to authorize and consummate the Account No. XXXX. An appropriate indorsement will show proof that the promissory note has been negotiated and that the alleged indebtedness has been paid off and I am not liable for the obligation. I have requested that Discover provide me with additional clarification in regard to this alleged extension of credit. This can be evidenced by the attached Fundamental Right to Information Request. This request was responded to by XXXX of the Executive Office of Customer Advocacy however XXXX failed to provide me with what I specifically requested which was a copy of the indorsement made on the Promissory Note. This additional clarification / documentary evidence is necessary in order to clarify the alleged extension of credit that consummated the account XXXX. After multiple attempts to get the requested indorsement Discover still refuses to address my concerns. The refusal to provide this information to me is evidence of Discover Student Loans attempting to Conceal a material fact which is a violation of 18 U.S. Code Subsection 1001 and 18 U.S. Code Subsection 2071. Discover Student Loans has also accepted and deposited payment from me in the full amount of the loan evidenced by attached payoff notice dated XX/XX/2019. However Discover Student Loans kept my payment and reversed my payment without sending me any written communication or returning my payment to me or providing any transparency or disclosure of what happened with my payment. This is evidence of embezzlement. Even when I spoke with Customer Service they told me over the phone they will send me my payment back before promptly hanging up on me. However I never got my payment back. This has caused me and my mother who co signed for the loan serious harm, emotionally, psychologically, and financially as the said student loan has reported negatively on both of our credit reports and caused us to not have adequate access to credit. Consequently, Discover Student Loans has been holding my mother and I as peons in a system known as peonage by means of involuntary labor, in the liquidation of a perpetual debt in an amount over {$8000.00} the foregoing was established, maintained, and enforced evidenced by the policies, procedures, customs and practices of which was utilized by Discover Student Loans to willfully subject my mother and I to the deprivation of our rights secured and protected by the Constitution and Laws of the United States. Congress has the power to make all Laws which shall be necessary and proper for carrying into Execution all powers vested by the Constitution in the Government of the United States, or in any Department or Officer thereof. Under the laws of one of the greatest documents of all time-the American Constitution, all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts. Equal rights are protected against impairment by nongovernmental discrimination and impairment under XXXX of State law. The Constitution, and the Laws of the United States which shall be made in Pursuance thereof ; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land ; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support the Constitution. Any member of an organization which unlawfully advocates, for the overthrow of our constitutional form of government by preventing others from the free exercise of rights under the Constitution and laws of the United States may not accept or hold a position in the Government of the United States or the government of the District of Columbia. Every organization and member thereof which unlawfully advocates or practices under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. The holding of any person to service or labor under the system known as peonage is abolished and forever prohibited in any Territory or State of the United States ; and all acts, laws, resolutions, orders, regulations, or usages of any Territory or State, which have heretofore established, maintained, or enforced, or by virtue of which any attempt shall hereafter be made to establish, maintain, or enforce, directly or indirectly, the voluntary or involuntary service or labor of any persons as peons, in liquidation of any debt or obligation, or otherwise, are declared null and void. Whoever knowingly obtains the labor or services of a person by means of force, threats of force, physical restraint, or threats of physical restraint to that person, serious harm or threats of serious harm to that person, the abuse or threatened abuse of law or legal process, any scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person would suffer serious harm or physical restraint. Any one of or by any combination of the aforementioned is punishable by fine, imprisonment for any term of years or life, or both. Whoever knowingly benefits financially from participation in a venture which has engaged in any one of or by any combination of the aforementioned is punishable by fine, imprisonment for any term of years or life, or both.
Company Response:
State: TX
Zip: 75039
Submitted Via: Web
Date Sent: 2022-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-29
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: Discover stated they issue a XXXX form in XXXX tax year. Never received document. Also, I want a letter stating the XXXX was issue. I can't be sue for the debt on the time barring account and also its uncollectible. Lastly I notice their a soft inquires every month. Why is this? I called the number provided. Discover stated before : XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX Re : Discover card account ending in XXXX Consumer Financial Protection Bureau Case No. : XXXX, XXXX Dear XXXX XXXX : Thank you for your recent correspondence to the Consumer Financial Protection Bureau ( CFPB ) . To ensure your concerns are efficiently addressed, your inquiry has been referred to my attention within the XXXX XXXX XXXX XXXX XXXX at Discover. We appreciate you bringing your concerns to our attention. We are unable to confirm the events as you have described them in your correspondence to the CFPB. According to our records, your account charged off with a balance of {$5200.00} on XX/XX/XXXX due to non-payment. We do not have any record of you contacting us since the account charged off to request settlement options. Our attempts to collect the unpaid balance were unsuccessful. We are required by the Internal Revenue Service to issue a XXXX tax document on any balance greater than {$600.00} that we have determined to be uncollectible ; therefore, a tax document was issued to you for the XXXX tax year. We can not provide you with tax advice. If you have any questions, Discover encourages you to consult a tax adviser of your choosing. While we are no longer actively collecting on the debt, if you wish to discuss options to settle your account, please contact our Customer Assistance and Recovery department at ( XXXX ) XXXX. Thank you for allowing me the opportunity to be of service. Should you have any questions or concerns, please contact me at ( XXXX ) XXXX, Monday through Friday, from XXXX a.m. to XXXX p.m., XXXX. Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX : Consumer Financial Protection Bureau
Company Response:
State: TX
Zip: 77065
Submitted Via: Web
Date Sent: 2022-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-29
Issue: Advertising and marketing, including promotional offers
Subissue: Confusing or misleading advertising about the credit card
Consumer Complaint: Discover keeps sending me marketing emails even though I've unsubscribed. Their marketing emails don't contain unsubscribe links, which is required by the CAN-SPAM act and enforced by the Federal Trade Commission XXXX They are not responsive, or say that I've been removed from marketing lists, yet this email still gets sent out on a regular basis. They are no respecting consumer privacy to get off a mailing list. They don't allow you to respond to the email. It's unlawful.
Company Response:
State: IL
Zip: 60618
Submitted Via: Web
Date Sent: 2022-03-29
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-29
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: They closed my account without no specific reason which is clearly XXXX.
Company Response:
State: OH
Zip: 44128
Submitted Via: Web
Date Sent: 2022-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-29
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have called and sent a police report into the creditors and I am still being accused of these accounts. I have no idea of knowledge of these accounts. This is really hindering me of applying for credit
Company Response:
State: GA
Zip: 30080
Submitted Via: Web
Date Sent: 2022-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-29
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: On XX/XX/XXXX I sent a letter to DISCOVER BANK requesting them to send me files regarding my account as well as file for their records a 2848 and 56 form that was included with the letter. It was in good faith that I reached out to DISCOVER BANK after learning my rights and the role of a consumer from the Consumer Credit Protection Act. As stated in the letter from DISCOVER BANK We are in receipt of your letter dated XX/XX/XXXX. As a result, we have decided to permanently close your Discover Card account ending in xxxx. DISCOVER BANK provided no reasoning, only a result which was obvious before I got the letter. After exercising my rights as a consumer under the Consumer Credit Protection Act, they discriminated against me and preformed this extreme adverse action. I have been a card member with DISCOVER BANK since XXXX. Every bill was paid BEFORE every due date and I referred friends and family members to this company. I was in good standing with DISCOVER BANK from the time I opened the account to even when they closed my account. After almost five years in business with DISCOVER BANK, I send one letter regarding my account after learning of my rights as a consumer and they discriminate against me as I exercise my right in good faith. On top of that, before I even knew that my account had been closed, DISCOVER BANK reported this negative activity to consumer reporting agencies to disclose on my consumer report. I am under stress because of DISCOVER BANKs adverse action against me.
Company Response:
State: DE
Zip: 19713
Submitted Via: Web
Date Sent: 2022-03-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A