Credit reporting or other personal consumer reports -- Incorrect information on your report -- Complaint #10435015
Complaint Overview
Complaint ID: 10435015
Company: Discover Bank
Product: Credit reporting or other personal consumer reports
Sub-Product: Credit reporting
Issue: Incorrect information on your report
Sub-Issue: Information belongs to someone else
State: Virgin Islands
ZIP Code: XXXXX
Date Received: 2024-10-12T12:00:00-05:00
Date Sent to Company: 2024-10-12T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
I am submitting this formal complaint against Discover Bank regarding a fraudulent account reported under account number XXXX. Despite my filing an identity theft report with the Federal Trade Commission ( FTC ), Discover Bank continues to unlawfully report this fraudulent account and engage in collection activities, which is damaging my credit and personal well-being. I request immediate intervention and enforcement of my rights under federal law. Attached is the FTC Identity Theft Report, which confirms my identity theft claim and supports my dispute of this fraudulent account. Legal Violations and Consequences : 1. Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681c-2 ( a ) ( Section 605B ) Under Section 605B of the FCRA, Discover Bank is legally obligated to block and remove any fraudulent information from my credit report within four business days of receiving proof of identity theft. Despite being provided with the FTC report, they have failed to remove this account. Their actions violate the FCRA, which mandates that they cease reporting this account immediately. 2. FCRA 15 U.S.C. 1681s-2 ( b ) This section prohibits Discover Bank from verifying or continuing to report information to credit reporting agencies ( XXXX, XXXX, and XXXX ) XXXX the account is under dispute. Despite my identity theft claim and dispute, they have continued to report this account, violating this section of the FCRA. 3. Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692g ( b ) Discover Bank has failed to provide sufficient validation of the alleged debt, violating the FDCPA. They continue to attempt to collect this fraudulent debt, despite my formal dispute, further violating federal consumer protection laws. 4. Truth in Lending Act ( TILA ) 15 U.S.C. 1601 et seq. As I have never entered into any credit agreement with Discover Bank, and no disclosure documentation has been provided to me, their continued reporting of this fraudulent debt is a violation of TILA. 5. Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) 12 U.S.C. 5531 Discover Banks actions in attempting to collect on this fraudulent debt and failing to provide proper documentation of the debt qualify as unfair, deceptive, and abusive under UDAAP statutes. 6. Identity Theft and Assumption Deterrence Act ( ITADA ) 18 U.S.C. 1028 Despite my filing a formal identity theft report with the FTC, Discover Bank continues to report this fraudulent account. Their failure to investigate and remove this account could be seen as a violation of the ITADA, which outlines criminal penalties for businesses that fail to take appropriate action after receiving notice of identity theft. 7. Electronic Fund Transfer Act ( EFTA ) 15 U.S.C. 1693 If any unauthorized transfers or withdrawals related to this fraudulent account were made, their actions would also violate the EFTA, which protects consumers from unauthorized electronic transactions. 8. Violations of State Laws In addition to federal violations, their actions also violate state consumer protection laws that provide further protections against fraudulent debt reporting and identity theft. Immediate Actions Requested from the CFPB : 1. Immediate Removal of the Fraudulent Account : I am requesting the CFPB to take action against Discover Bank to ensure the immediate and permanent removal of this fraudulent account from my credit reports with all major credit bureaus ( XXXX, XXXX, and XXXX ). 2. Cease All Collection and Reporting Activities : Discover Bank must be prohibited from continuing any collection or reporting activities related to this fraudulent account while it is under dispute. 3. Investigation into Discover Banks Non-Compliance : The CFPB should conduct an investigation into Discover Banks non-compliance with federal law and take appropriate enforcement actions. 4. Compensation for Damages : I seek compensation for any financial and emotional damages caused by Discover Banks unlawful reporting of this fraudulent account, which continues to harm my credit and well-being.
Frequently Asked Questions
What is Complaint #10435015 about?
Complaint #10435015 was filed against Discover Bank regarding Credit reporting or other personal consumer reports specifically about Incorrect information on your report. It was received by the CFPB on 2024-10-12T12:00:00-05:00.
How did Discover Bank respond to this complaint?
The company responded with: "Closed with explanation". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Credit reporting or other personal consumer reports) and describe your issue in detail.
Can I see other complaints against Discover Bank?
Yes, visit the Discover Bank company profile at readthecomplaint.com/company/discover-bank to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.