Date Received: 2023-11-06
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: My identity was stolen and the financial transaction was done by online and by email, not in person! I never opened any credit card with discover. This was done all electronically and by falsely intercepting mail from a bogus address. Also the identification used in this transaction was fake. I have a Georgia identification. Not a Florida in which I can provide as an attachment to this complaint. I will be suing discover if this fraudulent account is not removed in 7 days. I have hired an attorney to seek damages and continue litigation. This has affected my life and credit worthiness. I never received any monetary compensation or was awarded any use of this credit card and never agreed to any financial contract with discover bank. 1. COLLECTION agency did not send me anything to verify this account so how did you verify it? Where is the valid documentation? Please remove this account immediately. Section 623 states that if an account can possibly be inaccurate there must be an address conspicuously listed and if not this COLLECTION account can not report. Please remove this account immediately. DISCOVER BANK Account Number : XXXX I am a victim of identity theft please remove it from my report. NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY COMPENSATION UNDER FCRA 15 U.S. Code 1681n Civil liability for willful noncompliance and 15 U.S. Code 1681o Civil liability for negligent noncompliance and 15 U.S. Code 1692k civil liability. Please accept this final written OFFER OF SETTLEMENT BEFORE LITIGATION as my attempt to amicably resolve your continued violation of the Fair Credit Reporting Act regarding your refusal to delete INACCURATE, Unverifiable and Invalidated information from my consumer file. I intend to pursue litigation in accordance with the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 if the INACCURATE, Unverifiable and Invalidated items listed below are not deleted immediately. A copy of this letter as well as INACCURATE ERRONEOUS ITEMS sent to you previously will also become part of a formal complaint to the Federal Trade Commission and shall be used as evidence in pending litigation provided you fail to comply with this offer of settlement. YOU ARE IN DIRECT VIOLATION OF THE FCRA, the unverified items listed below still remain on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. In the results of your investigations, you stated in writing that you verified that these items are being reported correctly Who verified these accounts? You have NOT provided me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore, you have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to ... promptly DELETE all information which can not be verified. Its very obvious that your agency doesnt know what the FCRA is because from the looks of my credit report and all the errors i see you are disregarding it so heres my breakdown. 1.The Fair Credit Reporting Act is the primary federal law that governs the collection and reporting of credit information about consumers. Its rules cover how a consumer 's credit information is obtained, how long it is kept, and how it is shared with othersincluding consumers themselves. 2. What is a FCRA violation? Creditors give reporting agencies inaccurate financial information about you. Reporting agencies mixing up one person 's information with another 's because of similar ( or same ) last name or social security number. Agencies fail to follow guidelines for handling disputes. 3. My rights under the fair credit reporting act Verify the accuracy of my report when it is required for employment purposes. Receive notification if information in my file has been used against me in applying for creditor other transactions. Disputeand have the bureaus correct and deleteinformation in my report that is incomplete, inaccurate, and unverifiable. Remove outdated, negative information ( after seven years in most cases, 10 in the case of bankruptcy ). I demand these items be deleted immediately. I entered the items and the outcome I desire below because you are in violation and these items are not 100 % accurate and they are either INACCURATE, Unverifiable and Invalidated. I recently applied for extended credit and was denied i am in distress because of your mistakes. The law is very clear as to the Civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. { dispute_item_and_explanation } VIOLATION OF 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agencyfor actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. * Please remove all non-account holding inquiries Please note that you have 30 days to complete this investigation, as per the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ). Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within ( 5 ) days of the completion of your re-investigation and I am keeping a careful record of your actions, including your Method of Verification. I do not consent to e-Oscar or any means of automated verification. Failure to respond satisfactorily within 30 days of receipt of this certified letter may result in a small claims action against your company, seeking {$5000.00} per violation for : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violations of the Fair Credit Reporting Act 4. ) Financial Injury P.S. Please be aware that dependent upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action. I am also including a copy of my complaint to the organizations below : CC : Law Firm XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX Assistant Director of Enforcement Consumer Financial Protection XXXX XXXX XXXX XXXX XXXX XXXX XXXX CC : Consumer Financial Protection Bureau CC : XXXX XXXX XXXX CC : XXXX XXXX XXXX CC : XXXX XXXX XXXX : XXXX XXXX XXXX XXXX CC : Comptroller Of The Currency CC : Federal Reserve XXXX CC : XXXX XXXX XXXX CC : Federal Trade Commission CC : XXXX XXXX XXXX CC : California Regulatory agency Division of consumer complaints
Company Response:
State: GA
Zip: 30058
Submitted Via: Web
Date Sent: 2023-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-06
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: My identity was stolen and the financial transaction was done by online and by email, not in person! I never opened any credit card with discover. This was done all electronically and by falsely intercepting mail from a bogus address. Also the identification used in this transaction was fake. I have a Georgia identification. Not a Florida in which I can provide as an attachment to this complaint. I will be suing discover if this fraudulent account is not removed in 7 days. I have hired an attorney to seek damages and continue litigation. This has affected my life and credit worthiness. I never received any monetary compensation or was awarded any use of this credit card and never agreed to any financial contract with discover bank. 1. COLLECTION agency did not send me anything to verify this account so how did you verify it? Where is the valid documentation? Please remove this account immediately. Section 623 states that if an account can possibly be inaccurate there must be an address conspicuously listed and if not this COLLECTION account can not report. Please remove this account immediately. DISCOVER BANK Account Number : XXXX I am a victim of identity theft please remove it from my report. NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY COMPENSATION UNDER FCRA 15 U.S. Code 1681n Civil liability for willful noncompliance and 15 U.S. Code 1681o Civil liability for negligent noncompliance and 15 U.S. Code 1692k civil liability. Please accept this final written OFFER OF SETTLEMENT BEFORE LITIGATION as my attempt to amicably resolve your continued violation of the Fair Credit Reporting Act regarding your refusal to delete INACCURATE, Unverifiable and Invalidated information from my consumer file. I intend to pursue litigation in accordance with the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 if the INACCURATE, Unverifiable and Invalidated items listed below are not deleted immediately. A copy of this letter as well as INACCURATE ERRONEOUS ITEMS sent to you previously will also become part of a formal complaint to the Federal Trade Commission and shall be used as evidence in pending litigation provided you fail to comply with this offer of settlement. YOU ARE IN DIRECT VIOLATION OF THE FCRA, the unverified items listed below still remain on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. In the results of your investigations, you stated in writing that you verified that these items are being reported correctly Who verified these accounts? You have NOT provided me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore, you have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to ... promptly DELETE all information which can not be verified. Its very obvious that your agency doesnt know what the FCRA is because from the looks of my credit report and all the errors i see you are disregarding it so heres my breakdown. 1.The Fair Credit Reporting Act is the primary federal law that governs the collection and reporting of credit information about consumers. Its rules cover how a consumer 's credit information is obtained, how long it is kept, and how it is shared with othersincluding consumers themselves. 2. What is a FCRA violation? Creditors give reporting agencies inaccurate financial information about you. Reporting agencies mixing up one person 's information with another 's because of similar ( or same ) last name or social security number. Agencies fail to follow guidelines for handling disputes. 3. My rights under the fair credit reporting act Verify the accuracy of my report when it is required for employment purposes. Receive notification if information in my file has been used against me in applying for creditor other transactions. Disputeand have the bureaus correct and deleteinformation in my report that is incomplete, inaccurate, and unverifiable. Remove outdated, negative information ( after seven years in most cases, 10 in the case of bankruptcy ). I demand these items be deleted immediately. I entered the items and the outcome I desire below because you are in violation and these items are not 100 % accurate and they are either INACCURATE, Unverifiable and Invalidated. I recently applied for extended credit and was denied i am in distress because of your mistakes. The law is very clear as to the Civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. { dispute_item_and_explanation } VIOLATION OF 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agencyfor actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. * Please remove all non-account holding inquiries Please note that you have 30 days to complete this investigation, as per the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ). Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within ( 5 ) days of the completion of your re-investigation and I am keeping a careful record of your actions, including your Method of Verification. I do not consent to e-Oscar or any means of automated verification. Failure to respond satisfactorily within 30 days of receipt of this certified letter may result in a small claims action against your company, seeking {$5000.00} per violation for : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violations of the Fair Credit Reporting Act 4. ) Financial Injury P.S. Please be aware that dependent upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action. I am also including a copy of my complaint to the organizations below : CC : Law Firm XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX Assistant Director of Enforcement Consumer Financial Protection XXXX XXXX XXXX XXXXXXXX XXXX, D.C. XXXX CC : Consumer Financial Protection Bureau CC : XXXX XXXX XXXX CC : XXXX XXXX XXXX XXXX : XXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX : Comptroller Of The Currency CC : Federal Reserve XXXX XXXX : XXXX XXXX XXXX CC : Federal Trade Commission XXXX : XXXX XXXX XXXX XXXX : California Regulatory agency Division of consumer complaints
Company Response:
State: GA
Zip: 30058
Submitted Via: Web
Date Sent: 2023-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-06
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: So Ive been having this late payment reported on my credit for almost a year and I want to get it removed because it's saying on all the credit bureaus that it is a 30 day late payment when it was 4 days I was late That late payment was on XX/XX/22 and paid on XX/XX/22 the original balance was {$1800.00} but there was a late fee of {$41.00} which brought the total to {$1800.00} And my credit card company is discover and they cant do anything on the part is what I was told.
Company Response:
State: OK
Zip: 73159
Submitted Via: Web
Date Sent: 2023-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-06
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 consumers 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 its 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 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 1681s2 ( 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 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 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: RI
Zip: 02860
Submitted Via: Web
Date Sent: 2023-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-06
Issue: Getting a credit card
Subissue: Application denied
Consumer Complaint: I have a discover credit card for several years, so i for applied to a second discover credit card, got approved for {$6000.00}, of course its XXXX points lost due to hard pool from my credit due to application, screen says that my card will arrive in XXXX business days. So i planned to that approved XXXX K and did some home repairs at my house. Next thing in two weeks discover contacts me and request IRS transcripts and they lie to me by saying it is for identity verification where it is in fact its purely for my income verification. I am on XXXX. So that will not work for me and my income vary each year. I try to negotiate with them to provide 3 months of bank statement for income verification, but they said no. Only IRS. I relied on that XXXX dollars for my home repairs, and now i got XXXX over by some credit card company.
Company Response:
State: CA
Zip: 90049
Submitted Via: Web
Date Sent: 2023-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-06
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: SINCE XXXX XX/XX/XXXX TO XXXX XXXX XXXX CFPB I am demanding proof of contract not computer created statements because they have only sent me copies of statements that I don't even know where they came from or who they are from in a computer you can create mani things like robo signatures I am demanding proof of contract I am demanding proof of contract I am demanding proof of contract they don ; t show proof of contract because they don't have one This is my eighth Qualified Written Request, for proof of claim Dated XX/XX/XXXX. Like on Previous letters advice that XXXX XXXX XXXX, XXXX. should fail to produce proof of claim within 30 days ; they will have exhausted their administrative remedy under a private administrative process and tacit agreement, XXXX XXXX XXXX, XXXX. failed to provide any documentation, original wet ink signature contract note specifically including records transferred from any previous lender or Bank. And XXXX XXXX XXXX, XXXX. ignore my demand and instead supply false untrue forms in pursuant of USC Title 18, part1, chapter 101 2071. USC Title 18 Part1, Chapter 63 1341, 1343, 1345, 1346, 1349.
Company Response:
State: IL
Zip: 60632
Submitted Via: Web
Date Sent: 2023-11-06
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-06
Issue: Credit monitoring or identity theft protection services
Subissue: Billing dispute for services
Consumer Complaint: My problem happened after my mother passed away XX/XX/XXXX. She was helping me pay my bills. I tried to keep all my accounts paid or an agreement for a less amount to be paid. Discover Card advised me in XXXX that they would set up a hardship and I paid that amount they stated for 3 months and then that amount would be my monthly payment. However, as time passed and money was very tight, I called Discover and told them that my hardship was worse and they agreed to forgive my account. So, I figured that I should check my credit reports since I received a letter from XXXX XXXX XXXX that my and my deceased mother 's personal banking information was possibly compromised. I attempted to sign up with the credit monitoring agency and I could not reach the link they advised customers to use. Therefore, I just hoped nothing would happen. So when I checked my credit reports and saw Discover Card still on my credit report as negative, I disputed that account with XXXX. After I submitted the dispute, XXXX dropped my credit score XXXX points and will not discuss anything with me while a dispute is ongoing. My main complaint with XXXX is the way that I was penalized for the dispute by dropping my credit by XXXX points and I am not allowed a reason why. If XXXX can not speak with me while a dispute is ongoing, they should not be able to penalize me either when nothing has changed with my credit. Sincerely, XXXX XXXX XXXX
Company Response:
State: IN
Zip: 463XX
Submitted Via: Web
Date Sent: 2023-11-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-06
Issue: Fees or interest
Subissue: Charged too much interest
Consumer Complaint: I called on Thursday XX/XX/XXXX and spoke with representative and the only deal offered was a new interest rate of 16 % even after explaining this was my husband 's bill and he had been deceased over 15 years and I was just paying bill because my name was on the card
Company Response:
State: AR
Zip: 72501
Submitted Via: Web
Date Sent: 2023-11-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-06
Issue: Getting a credit card
Subissue: Card opened without my consent or knowledge
Consumer Complaint: I have no knowledge of the hard inquires, hard inquiries are a result of identity theft and it must be removed no later than four business days as per 15 u.s. code 1681c-2
Company Response:
State: ID
Zip: 838XX
Submitted Via: Web
Date Sent: 2023-11-06
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-05
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Discover is repeatedly reporting a supposed debt inaccurately to my XXXX credit report. I have reached out to them to have the account removed for violating the FRCA however they continue to confirm it's reporting correctly. Pursuant to 15 U.S.C. 1681-1681x companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information According to Discovers responses I have disputed this account on numerous occasions questioning the accuracy of the reporting. As of this day, my credit report does not have the following -Closed Date -Last Verified -Original Creditor According to the statements from XX/XX/XXXX to XX/XX/XXXX Discover sent me, my last payment was made XX/XX/XXXX which is confirmed on my credit report. Late payment fee dates according to Discover statement -XXXX XXXX XXXX ( 30 Days late ) XXXX XXXX XXXX ( 60 Days late ) XXXX XXXX XXXX ( 90 Days late ) - XX/XX/XXXX ( 120 Days late ) - XX/XX/XXXX ( 150 Days late ) - XX/XX/XXXX ( 180 Days late ) - XX/XX/XXXX ( reported as charged off ) XXXX XXXX XXXX ( Account shown as closed ) Date of Last Activity is showing as XX/XX/XXXX. I am requesting again that Discover send me documentation on what changes happened on XX/XX/XXXX to an account that was charged off in XXXX of XXXX, they have verified this repeatedly and if they can not show proof of activity I ask they please remove this account. I am requesting proof the account was opened on XX/XX/XXXX as stated on my credit report along with the contract that was signed. Furthermore this account was dismissed without prejudice by a XXXX XXXX in XXXX according to a written letter from Discover. I am expecting a prompt response with the requested information.
Company Response:
State: IN
Zip: 46311
Submitted Via: Web
Date Sent: 2023-11-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A