Date Received: 2021-11-28
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I am XXXX XXXX and I am submitting this complaint myself and there is no third party involved. Pursuant to 15 USC 1692a ( 6 ), Discover Financial Services d/b/a Discover Bank is a debt collector. I, XXXX XXXX, consumer, natural person, and original creditor of an open-end consumer credit plan for account ending in XXXX, have been violated by Discover Financial Services d/b/a Discover Bank and my privacy has been breached pursuant to several federal laws that protect my rights as a consumer. Discover Financial Services d/b/a Discover Bank is civilly liable for each violation. I sent a tender/money order for special deposit on the account ending in XXXX on XX/XX/2021 pursuant to 12 CFR 204.2, U.C.C. 3-601, U.C.C. 3-603, U.C.C. 3-604, U.C.C. 3-311. Discover Financial Services d/b/a Discover Bank did not adjust my account in accordance with the special deposit sent nor did they send proper notification that they dishonored special deposit. In the event Discover Financial Services d/b/a Discover Banks dishonor through non-performance and non-response was unintentional or due to reasonable neglect or mistake, in a good faith attempt to obtain satisfactory resolution of a disagreement or problem relative to the transaction from the person honoring the credit card, on XX/XX/2021, I sent a Notice of Default and Opportunity to Cure to Discover Financial Services d/b/a Discover Banks customer service XXXX XXXX and a Notice of Default and Opportunity to Cure to Discover Financial Services d/b/a Discover Bank Corporate Headquarters ATTN the CFO XXXX XXXX XXXX, giving them the opportunity to send confirmation that my account/open end credit plan had been adjusted in accordance with the special deposit in full settlement of the alleged obligation sent on XX/XX/2021 or send a Notice of Dishonor to allow me to cure any defects. Discover Financial Services d/b/a Discover Bank failed to do either and continued to attempt to collect the disputed alleged obligation. In their continued attempts to collect the disputed alleged obligation, Discover Financial Services d/b/a Discover Bank repeatedly violated SEVERAL of my federally protected rights as a consumer in every communication with me and third party consumer reporting agencies. In response to this, pursuant to 15 USC 1692c ( c ), I sent a Cease-and-Desist demand to Discover Financial Services d/b/a Discover Bank on XX/XX/2021 in which Discover Bank is in receipt of as verified by USPS return receipt, with four ( 4 ) exhibits containing each violation I found labeled and highlighted, as well as an attached invoice for the violations pursuant to 15 USC 1692k and 15 USC 1681n. In addition, pursuant to 15 USC 1692c ( c ) ( 2 ), I invoked my specified remedy as a consumer, natural person, and the ORIGINAL creditor and demanded the following : 1. Zero out the balance on this account 2. Apply a permanent credit to XXXX XXXX XXXX open end consumer credit plan account ending in XXXX in the amount of {$10000.00} 3. Pay the invoice attached for breach of violations and damage sustained in the attached exhibits. Discover Financial Services d/b/a Discover Bank received the Cease-and-Desist demand, attached exhibits with violations, and attached invoice on XX/XX/2021, as verified by the USPS green return receipt returned to me. Still, Discover Financial Services d/b/a Discover Bank has continued to violate me and my federally protected rights as a consumer, harass and abuse me, and harm my reputation and injuring my credit score in their continued communications and attempts to collect the disputed alleged obligation. On XX/XX/2021, I received notification from the third party consumer reporting agency, XXXX, that Discover Financial Services d/b/a Discover Bank had continued the adverse reporting injuring my credit score and reputation, and closed my line of credit on account ending in XXXX. Discover Financial Services d/b/a Discover Bank NEVER sent me proper notice of this action PRIOR to communicating this information with the third party. After making several calls to Discover Financial Services d/b/a Discover Bank demanding I be mailed proper notice of this action for my records, I received a letter dated XX/XX/2021 from agent, manager XXXX XXXX. In said letter dated XX/XX/2021, agent, XXXX XXXX, finally acknowledged that Discover Financial Services d/b/a Discover Bank was in receipt of my Notice of Default and Opportunity to Cure dated XX/XX/2021, still dishonoring the notice, the special deposit, as well as my open end credit plan pursuant to 15 USC 1602 ( j XXXX ( an open end credit plan is a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance ). In addition, in the letter dated XX/XX/2021, Discover Financial Services d/b/a Discover Bank had disabled accesses to my account but has no authority to authorize use of my credit card or ANY account associated with my open end credit plan pursuant to 15 USC 1602 ( p XXXX - unauthorized use. According to the agent, XXXX XXXX, Discover Financial Services d/b/a Discover Bank permanently closed Discover Card account ending in 5753 as a result of my good faith attempt to obtain satisfactory resolution of a disagreement or problem relation to the transaction from the person honoring the credit card. This is an individual act against 15 USC 1691 ( a ) ( 3 ) and constitutes discrimination in which Discover Financial Services d/b/a Discover Bank is civilly liable pursuant to 15 USC 1691e. Civil liability under this code is up to and more than {$10000.00} pursuant to 15 USC 1691e ( a ) ( b ). On XX/XX/2021 I received notification from the third party consumer reporting agency, XXXX, that Discover Financial Services d/b/a Discover Bank had continued the adverse reporting injuring my credit score and reputation by furnishing/reporting that my open end credit plan/account ending in XXXX is 30 days past due. Not only is this a complete disregard of my good faith attempt to obtain satisfactory resolution of a disagreement or problem relative to the transaction from the person honoring the credit card, it is a violation of my Cease and Desist demand, in which Discover Financial Services d/b/a Discover is in receipt of as verified by USPS return receipt, Pursuant to 15 USC XXXXk. Discover Financial Services d/b/a Discover Bank is civilly liable for the damages I have sustained as a consumer, natural person, and original creditor of an open-end consumer credit plan for account ending in XXXX as a result of the continued violations breach of privacy, and abusive practices.
Company Response:
State: TX
Zip: 76053
Submitted Via: Web
Date Sent: 2021-11-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-28
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I filed a dispute in regards to the incorrect items on my credit reports XXXX XXXX it has been well over 30 days and I have not received any investigation results.
Company Response:
State: FL
Zip: 32810
Submitted Via: Web
Date Sent: 2021-11-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-28
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 was advised by Discover that a payment was not received. The payment cleared in my bank, I filed a dispute and sent supporting documentation to advise of payment. On XX/XX/XXXX, I was sent a letter advising that the issue has been resolved and I would be receiving the payment credit with interest. I received the credit and then on XX/XX/XXXX, they took the credit back. I was advised that they never received supporting documentation which is contrary to the letter I received on XX/XX/XXXX. I have spent countless hours on the phone and on chats trying to resolve this issue to no avail..I am left with no choice but to report it to here for assistance
Company Response:
State: NY
Zip: 117XX
Submitted Via: Web
Date Sent: 2021-11-28
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-28
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: On XXXX XX/XX/2021, Discover Financial Services was provided a one-time verbal authorization to run a hard credit check in order to obtain a small personal loan. During this process ( on the same call ), the Discover Personal Loan representative stated that their computer system was down and they were unable to complete my application. On XXXX XX/XX/2021, a hard inquiry from " DISCOVER FINANICAL '' appeared on my XXXX XXXX XXXX XXXX XXXX. On XXXX XX/XX/2021, I called Discover Financial Services to resume my application. I informed the new representative that a credit check had already been completed, and they acknowledged this in the affirmative that a second hard credit pull would not be completed. During this call, the small personal loan application was completed and submitted. At no time did I provide my consent to a second hard credit pull. On XXXX XX/XX/2021 ( while on the phone with Discover Financial Services completing the application ), I was alerted to a hard inquiry from " DISCOVER FINANICAL '' by my Credit Monitoring company. After checking, a second hard inquiry from " DISCOVER FINANICAL '' appeared on my XXXX XXXX XXXX Credit Reports ; in addition to the hard inquiry from XXXX XX/XX/2021. I contacted Discover Financial Services multiple times via phone to have this resolved, and they maintain that they do not see the second hard inquiry and have refused to issue a correction to XXXX or XXXX. On XXXX XX/XX/2021, a, XXXX page written notice to correct was sent to Discover Financial Services at XXXX XXXX XXXX, XXXX, DE XXXX via certified mail. This notice is attached, and included complete credit files from XXXX, XXXX XXXX XXXX with the duplicate hard enquires tabbed and heighted for their review. On XXXX XX/XX/2021, Discover Financial Services responded to this notice with a letter stating that they do not see the duplicate inquiry and stated it may be from a promotional offer. This letter is attached. As of XXXX XX/XX/2021, There remains XXXX hard inquires from " DISCOVER FINANICAL '' from XXXX XX/XX/2021 & XXXX XX/XX/2021 on my XXXX XXXX XXXX credit reports, of which Discover Financial Services were provided direct, hard copies of in my written communication.
Company Response:
State: AZ
Zip: 85281
Submitted Via: Web
Date Sent: 2021-11-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-28
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Victim of identity theft. I have Reached out to the company and credit bureaus XXXXeveral times letting them know what happened so it could be removed off my credit.
Company Response:
State: GA
Zip: 303XX
Submitted Via: Web
Date Sent: 2021-11-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-28
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: I have asked for help several times regarding the Discover Credit Card debt and the credit card company and all three credit bureaus are reporting this {$220.00} as a bad debt. I tried to convert a XXXX XXXX to XXXX XXXX in 2018, however, upon federal court date the judge indicated I did not qualify to convert and had not satisfied the allotted time, therefore debts are valid. Discover is still reporting XXXX, although it was a secured card, I did not receive my {$200.00} deposit. I was told it was applied to debt and I still owed {$24.00} and I paid it in order to report as PAID IN FULL ON MY CREDIT. Please help Im trying to purchase my first home in XXXX.
Company Response:
State: GA
Zip: 30052
Submitted Via: Web
Date Sent: 2021-11-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-28
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: Discover Bank filed lawsuit in XXXX XXXX XXXX on XX/XX/2021 without notifying. The balance on the account which was active was subjected to termination due to mis payment & arrangement with third party XXXX XXXX XXXX XXXX. The last payment was done of XX/XX/2021. There is balance to catch up, and surprised with lawsuit as payment arrangement was made with third party due to Discover Bank online payment getting disabled. Had good history keeping up with payments with some reason on missing out payment schedule due to personal & business trips.
Company Response:
State: CA
Zip: 92127
Submitted Via: Web
Date Sent: 2021-11-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-28
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: On XX/XX/21 : I reviewed my credit report and notice an inquiry that was not recognized or approved by me. Im the victim of identity theft and I dont recognize one or more of the accounts on my report from Discover Credit Card. I reached out the the copy numerous of times and was told to file a dispute. I am writing to dispute the following information that appears on my [ XXXX or XXXX or XXXX ] consumer report :
Company Response:
State: NY
Zip: 10467
Submitted Via: Web
Date Sent: 2021-11-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-27
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Discover Fin Svcs LLC had submitted to the major three national CRAs XXXX XXXX and XXXX and likely to others such as XXXX and XXXX and wish to discover to what exttent and have removed the information provided. The information provided originally was a hard inquiry that was on all 3 majors and an opened account that I did not open or have any access to nor any notice of from Discover prior to my own investigation on my credit reports. As reported on my experian credit report this moment, the hard inquiry is removed. It however has not removed the credit card account and information associated with it and lists its account status as closed versus the original Discover investigation that I contacted them about the moment I received a noification of a change to the report and ended up with a Manager after going through the explanation of not placing the order and there would not be a way to prove i did because it was not me. They were able to acknowledge the following : The supervisor for Discover who handles ID theft or it incorrect information in valid form confirmed they were able to without no doubt confirm and verify that it was not an account made with my authorization or by my person. They did not invoke a further investigation procedure that would have resulted in time limits and regulations to resolve incorrect reported negative and permanently damaged information to my creditors or those that have only lawful access to my credit. The inquiries were removed from all bureus that I can access however I can confirm at this hour and date I have pulled a report showing account on experian discover financial services revolving account XXXX with my credentials on my credit report. It shows opened XX/XX/2021 It shows it as acccount status closed. It somehow is further troubled to report incorrect infromation that says payment status paid satisfactorily when there was never any access to the account nor payment. It highlights that payment is made for XXXX year 2021. There is more problems to report such as the fact that this has not been removed. This was recorded by both parties and a call pull as well as the fact that a dispute iwth the CRAs resulted in what I believe is removal of all hard inquiries of this account. In addition, I can not confirm as I do not have the latest report, but I believe the card was removed from the other two CRAs other than XXXX. This however needs to be confirmed as further disputes to experian and discover were already done more than a few times and infromation has been confirmed for them to remove information but not the correct infromation which is everything that shouldnt be here mainly an account I never had. I had been promised by Discover on calls to the proper channels it would be resolved and I demand an instant removal of all related items to this above matter. My due dilligence has been more than required by any law and there is a legal right that this needs to be resolved and that I also have besides the criminal justice system to further escalate if a lawyer demands the amoujnt of money damages as there is a direct link to a significant impact to my report. In addition CRA hasn't followed the FCRA rules that grant me my rights in regards to the correct reporting and civil suits are not out of question is what my attourney for this matter representing from Legal services of New Jersey and believes without leaving the state the judge will justify an immeasurable suffering fine in addition to the wrongful reporting. In the end the result desired is removal of the account mentioned from all CRAs and not limited to the 3 major cras if used
Company Response:
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-11-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-27
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: I opened a discover card in XX/XX/2021. I have made multiple payments on the account. My account was closed due to unable to verify personal information last week. They have not given any additional information but instructed me to write to the po box
Company Response:
State: CA
Zip: 92708
Submitted Via: Web
Date Sent: 2021-11-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A