Date Received: 2023-10-09
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit reporting act, this creditor has violated my rights. Under 15 U.S.C 1681 Section 602 states i have the right to privacy. 15 U.S.C 1681 section 604 ( a ) section 2 it also states that a consumer reporting agency can not furnish an account without my written instruction. Under 15 U.S.C 1666 ( b ) a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose.
Company Response:
State: IL
Zip: 60616
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: CAL CODE OF CIVIL PROCEDURE 337. Written obligation ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Written obligation ; Four years Within four years : ( a ) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a ; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage. ( b ) An action to recover ( 1 ) upon a book account whether consisting of one or more entries ; ( 2 ) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing ; ( 3 ) a balance due upon a mutual, open and current account, the items of which are in writing ; provided, however, that if an account stated is based upon an account of one item, the time shall begin to run from the date of the item, and if an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. ( c ) An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time shall not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under Section 359 of the Insurance Code, the time shall not begin to run until the representation becomes false. ( d ) When the period in which an action must be commenced under this section has run, a person shall not bring suit or initiate an arbitration or other legal proceeding to collect the debt. The period in which an action may be commenced under this section shall only be extended pursuant to Section 360. Californias Statute of Limitations on Debt The statute of limitations on debt in California is four years, as stated in the states Code of Civil Procedure 337, with the clock starting to tick as soon as you miss a payment. The limitations period begins to run as soon as the cause of action accrues ; that is, from the occurrence of the last element essential to the cause of action. ( Neel v. Magana, Olney, Levy, Cathcart & Gelfand ( 1971 ) 6 Cal.3d 176, 187. ) Reporting this misinformation is in direct violation of my consumer rights stated in : FCRA 15 USC section 602, 15 USC 6801, 15 USC 1681 section 604 a section 2, 15 USC 6802 ( b ) ( c ), 15 USC 1681C ( a ) ( 5 ), 15 U.S. Code 1681s- 2, 15 U.S. Code 1681 e, 12 CFR 1016.7
Company Response:
State: CA
Zip: 93536
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: XXXX XXXX XXXX XXXXXXXX XXXX XXXX with account # XXXX RE : Requesting a Method of Verification Letter Dear Sir/Ma'am : I recently received a response to a dispute ( see attached ) that I made under FCRA 611 ( a ) regarding an erroneous item on my credit report involving a transaction with. I was saddened to learn that you somehow verified the disputed item, electing to leave it on my report. I am certain that the item I disputed Is Incorrect and should be removed, so I am hereby exercising my rights under FCRA 611 ( a ) ( 7 ) to request a complete description of all methods used to investigate my dispute. I am very interested to learn how your investigator ( s ) arrived at this erroneous conclusion. I would like to see a complete list of all documents and correspondence with. Please include all names and contact Information of employees that you spoke to at as part of this investigation. All previous letters and documents that I sent to you previously are once again attached along correspondence in order to help you process this request. I am asking for this verification because my credit score is important to me, and I believe it is being unjustly degraded as a result of this unfortunate error. I would therefore request that you please do not send me a template letter in response to this request. I am in the process of planning a legal cas need specific answers to the specific questions asked of you in this letter. I expect to receive a response within 15 days of receipt of this letter, or I will expect to see the item in question permanently expunged from my record. Thank you for your prompt attention to this matter. I very much look forward to getting this rese be. 5 soon as possible. Very Respectfully, XXXX XXXX XX/XX/1993 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX
Company Response:
State: NY
Zip: 10469
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
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 FIN SVCS LLC Credit Card with account # XXXX RE : Requesting a Method of Verification Letter Dear Sir/Ma'am : I recently received a response to a dispute ( see attached ) that I made under FCRA 611 ( a ) regarding an erroneous item on my credit report involving a transaction with. I was saddened to learn that you somehow verified the disputed item, electing to leave it on my report. I am certain that the item I disputed Is Incorrect and should be removed, so I am hereby exercising my rights under FCRA 611 ( a ) ( 7 ) to request a complete description of all methods used to investigate my dispute. I am very interested to learn how your investigator ( s ) arrived at this erroneous conclusion. I would like to see a complete list of all documents and correspondence with. Please include all names and contact Information of employees that you spoke to at as part of this investigation. All previous letters and documents that I sent to you previously are once again attached along correspondence in order to help you process this request. I am asking for this verification because my credit score is important to me, and I believe it is being unjustly degraded as a result of this unfortunate error. I would therefore request that you please do not send me a template letter in response to this request. I am in the process of planning a legal cas need specific answers to the specific questions asked of you in this letter. I expect to receive a response within 15 days of receipt of this letter, or I will expect to see the item in question permanently expunged from my record. Thank you for your prompt attention to this matter. I very much look forward to getting this rese be. 5 soon as possible. Very Respectfully, XXXX XXXX XX/XX/1993 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: NY
Zip: 10469
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
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 Bank sent me a letter stating the account in question was charged off XX/XX/XXXX due to non payment with a balance of {$4000.00} XX/XX/XXXX the account was placed with XXXX XXXX XXXX XXXX to assist in collection efforts. On XX/XX/XXXX a lawsuit was filed with XXXX XXXX XXXX XXXX XXXX, State of Illinois, but later dismissed WITHOUT prejudice on XX/XX/XXXX. I ask that you immediately investigate and confirm this debt was dismissed without prejudice and remove it from my credit report and all of Discover bank records as the debt is no longer owed or valid.
Company Response:
State: IN
Zip: 46311
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have reviewed my credit report and noticed that this accounts is fraudulent I file a FTC identity report I file a police report also I reach out to the creditor got no response with the information here, such as an account opening was made without a permissible purpose. As a result, this information is inaccurate and should be removed & deleted from my credit report asa
Company Response:
State: TX
Zip: 77024
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I applied for a Discover Credit Card on XX/XX/23 and got denied, regardless of the reason for being denied I have the right to credit, withholding my access to my XXXX XXXX XXXX fraud youre violating the Equal Credit Opportunity Act and consumer credit protection act since you are denying me my credit please retract my application thank you. XXXX XXXX XXXX attorney in fact for the all-capitals name XXXX XXXX XXXX
Company Response:
State: CA
Zip: 90047
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Other features, terms, or problems
Subissue: Other problem
Consumer Complaint: I have been waiting for my credit card for about 3 months and they still haven't given it to me. They do not provide me with my account number so it is very difficult to make payments by phone.
Company Response:
State: CA
Zip: 92227
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-08
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: When I opened my account with Discover, I was fairly new to the USA after moving from the XXXX, as such they requested additional information to request information from the IRS, I provided this information and signed a docusign document, to enable them to request this information. On XX/XX/XXXXthey emailed saying they were unable to complete the verification, I called them and they said they didnt receive the info back from IRS in time, and they resent the verification documents needed. I completed as requested and heard nothing back. Assumed all was good. On XX/XX/XXXX, I went to use my credit card at XXXX XXXX Airport, and in front of many other people, my card was declined. Embarrassing for sure, I called discover who claimed they made a business decision as they couldnt verify my information with the IRS. They claimed I should have received an email informing me. Which I then received at XXXX on that night. When I arrived back from my trip, I received a letter from the IRS setting a request for my information had been declined since discover had filled the form out incorrectly Discover then reported this closure to the credit records and now it looks like I have 150 % credit utilization, making it impossible for me to open an account with a reputable company. Im still so new to the USA that my credit history is limited, and now theyve ruined it.
Company Response:
State: CA
Zip: 92083
Submitted Via: Web
Date Sent: 2023-10-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
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 XXXX. I have the right to make sure my private information isn't shared which is backed by XXXX5 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. '' Discover Bank 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. '' Discover Bank, 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, XXXX, and Discover Bank 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. '' Discover Bank never informed me of my right to exercise my nondisclosure option. Not only that but it states in 15 USC 1681C ( a ) ( 5 ) " 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: CA
Zip: 93536
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A