Date Received: 2019-10-25
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Discover Credit Card changed contact law and did not non disclosure changes within a contract without consent never had a credit card named XXXXXXXX XXXX claim was disputed and validation was requested. This XXXX XXXXXXXX XXXX XXXX contract with this company. violations '' '' This Agreement governed by, construed and enforced in ... or relating to this Agreement and agree not to commence any such lawsuit, action or other ... quotation marks omitted ] ) in the absence of " some violation of law or ... " CPLR 202 is a reenactment, without substantive change, of section 13 of State or local laws held to be preempted by federal law are void not because ... in a prior enactment conveying certain lands violated the Contracts Clause ( Art. I, 10 ). 4. ... .. held to violate of Art I, 10, prohibiting levy without consent of Congress XXXX ... ... with the result that rights to consequential damages for a change of street ... Florida contact law right of due process was violated statutory, regulatory, and contractual requirements are not automatically ... for payment or approval to the Federal Government, 31 U. S. C. 3729 ( a ) ( 1 ) ( A ).. Licensees shall not engage in any of the following unfair trade practices :. statutory, regulatory, and contractual requirements are not automatically ... for payment or approval to the Federal Government, 31 U. S. C. 3729 ( a ) ( 1 ) ( A ). ... The First Circuit reversed in relevant part, holding that every ... that the nondisclosure of legal violations is not actionable absent a special duty violated the change issued findings in the agreement but did not do so with consent of disclosure violations identify any changes in Nondisclosure Violations in a Contract Claim. XXXX XXXX XXXX operating without a valid business proceeding is an assertion of a cause of action.individual who does not have a direct connection with a legal transaction but affected by accuracy, compliance, it. As third-party beneficiary is an individual for whose benefit a contract is created even though that person is a stranger to both the agreement and the consideration. Such an individual can usually. victim of improper third party disclosures by a debt collector. In appropriate cases, we sue debt collectors and debt collection law firms in Federal District Court for violations of the FDCPA.Violating Confidentiality Agreements. Confidentiality agreements ( also called non-disclosure agreements, or NDAs ) are common in many different contexts, including litigation settlements, business transactions, employment contracts and intellectual property. Violating a contract, agreement, changes, without consent is a violation of any contract non disclosure violations in a contract claim that i didn't know existed. The " No Disclosure Without Consent '' Rule No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [ subject to 12 exceptions ]. 5 U.S.C. 552a ( b ). permission to release the specified information to the third party as shown below. Please note that various federal and state laws require that CPAs obtain the clients written permission in order to HIPAA privacy rules as well, Business Associates and Business Associate Subcontractors. These third party entities are responsible for protecting PHI and, with the Common Agency Provision in the HIPAA Omnibus Ruling, you are now responsible for your Business Associates HIPAA Compliance. Ask to see their Compliance Plans before allow them to sign those required Business Associate Agreements, dIdnt have a Business Associate Agreement in place before disclose information, you have a Breach Besides, 1 violations are the most serious conduct warranting disciplinary action including failure to comply with administrative procedures, protocols, I have never had an agreement with this credit card company named XXXX XXXX nor ANY contract associated with this Bank company. XXXX XXXX XXXX Refuse to provide third-party litigation financing agreements, but when the committee first addressed the issue at its Entity Name Officer/Registered Agent Registered Agent Name Trademark Name Trademark Owner Name FEI/EIN it noted that the field was evolving and chose not to act. to validate their business and any 3rd party contract with the account that they filed in the XXXX County Circuit Court are subject of complaint ; personal credit card Non-party disclosure Related ContentIn the context of civil litigation, disclosure of documents from a third party who is not involved in the proceedings. A party seeking an order for non-party disclosure will make an application under Civil Procedure Rule ( CPR ) 31.17. The court only has jurisdiction to order non-party disclosure where the documents sought such as DATA BREACH XXXX, IDENTY FRAUD MORTGAGE, CREDIT CARD FRAUD my accounts, have been the victim of improper third party disclosures by a debt collector. In appropriate cases, we sue debt collectors and debt collection law firms in Federal District Court for violations of the FDCPA. It was never disclosed to me that I had a XXXXXXXX XXXX Credit Card provider of private label credit cards in the International Company purchase patterns. I would never agree to platforms of an international credit card. Breach of any contract i never signed up for. Information used by sent by servers and their office employee 's and court personnel. Refused to identify in the course of a proceeding, or the Department of Justice ; behavior that antitrust laws prohibit discrimination in prices charged to competing purchasers for products of like grade and quality. Its purpose is to protect smaller businesses by limiting the large company 's ability to command discriminatory discounts through its purchasing power.An antitrust lawsuit can be started when a company is to have engaged in unfair business practices.Stolen Devices, Improper, Third Party without contract agreement data disclosure. Confidential impartial No Disclosure Without Consent '' Rule No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [ subject to 12 exceptions ]. 5 U.S.C. 552a ( b ). with third parties as necessary to get information relevant to resolving a complaint ; with a court, a party in litigation, a magistrate, an adjudicative body or administrative tribunal my request on a valid business license and a release of Anti Trust elating to legislation preventing or controlling trusts or other monopolies, with the intention of promoting competition in business. with other federal or state agencies or regulatory authorities for enforcement and statutory purposes ; and antitrust violation is collusion. For example, three companies manufacture and sell widgets. DAMAGED, Disclosure Without Consent '' Rule No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [ subject to 12 exceptions ]. 5 U.S.C. 552a ( b ). They charge {$1000.00}. Exposure HIPPA with contractors, agents, and others authorized by the CFPB to receive this information, bringing a lawsuit to court, by filing a plea. or which the bank had NO LEGAL RIGHT to Getting evidence from third parties Sherman Antitrust makes monopoly power illegal. Under the Sherman Act monopoly power is considered the ability of a business to control a price within its relevant product market or its geographic market or to exclude a competitor from doing business within its relevant product market or geographic market. Detail By Document Number Zip Code Street Address
Company Response:
State: FL
Zip: 32114
Submitted Via: Web
Date Sent: 2019-10-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-24
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: I have two loans through Discover student loans. 1 in repayment, 1 still deferred. Despite being on autopay of XXXX/mo with a due amount of XXXX.mo plus an additional XXXX/mo being paid by my employer, and payment history showing the details listed below. There is no progress on the first balance. The latest statement shows an original combined balance of XXXX with a current balance of XXXX. Yet also somehow another XXXX grand in " deferred interest. '' I have made a total of XXXX in payments. Yet the first loan balance is only down by XXXX dollars. I believe there are fraudulent banking practices going on which essentially take the payments and apply them towards an ever-increasing interest ( clearly NOT 6 % ) and only minimally crediting the actual principle. This was not the case with past student loans. I think you have a duty to protect students from this usury. I will forever be an advocate of steering clear of these fraudulent loans. If there is ANYTHING you can do to get the proper credit applied to my loans I would appreciate it. Information as of XX/XX/XXXX Date Acct/Loan Status Amount Payer Payment Source Payment Confirmation # XX/XX/XXXX Acct XXXX Paid {$98.00} XXXX XXXX Payment XXXX XX/XX/XXXX Loan XXXX Paid {$200.00} Payment XXXX XX/XX/XXXX Loan XXXX Paid {$200.00} Payment XXXX XX/XX/XXXX Acct XXXX Paid {$200.00} Payment XXXX XX/XX/XXXX Acct XXXX Paid {$98.00} XXXX XXXX Payment XXXX XX/XX/XXXX Acct XXXX Paid {$98.00} XXXX XXXX Payment XXXX XX/XX/XXXX Acct XXXX Paid {$98.00} XXXX XXXX Payment XXXX XX/XX/XXXX Loan XXXX Paid {$200.00} Payment XXXX XX/XX/XXXX Acct XXXX Paid {$400.00} Payment XXXX XX/XX/XXXX Acct XXXX Paid {$100.00} XXXX XXXX Payment XXXX Information as of XX/XX/XXXX Date Acct/Loan Status Amount Payer Payment Source Payment Confirmation # XX/XX/XXXX Loan XXXX Paid {$200.00} Payment XXXX XX/XX/XXXX Loan XXXX Paid {$140.00} Payment XXXX XX/XX/XXXX Loan XXXX Paid {$26.00} Payment XXXX
Company Response:
State: NV
Zip: 894XX
Submitted Via: Web
Date Sent: 2019-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-24
Issue: Trouble using your card
Subissue: Credit card company won't increase or decrease your credit limit
Consumer Complaint: On XX/XX/XXXX I received a notification that my Discover credit card was declined. I logged into my account and saw a fraudulent charge. I called Discover, who closed the account and issued a new card. What I didn't realize until later that night was that Discover lowered my Credit Limit to XXXX from XXXX and I was now Over limit! I called to find out why and the rep said that my account was reviewed and lowered. He had no explanation. I have a perfect payment history with Discover, and all my cards, and always pay more than the minimum payment. This lowered limit coincidentally coincides with my XXXX birthday.I feel that my limit was lowered due to my age and that I'm female. This lowered limit has caused a drop in my credit score by 65 points!!!! I reached out to Discovers Executive Offices and spoke to XXXX (? ) who took my complaint. There was no reason to drop my limit, and now my other credit cards will follow suit. This is an unfair practice to do to someone who is planning to retire in three years!!!! I don't have the luxury of rebuilding that a younger person has and worked very hard to maintain a GOOD credit score for my future. Discover needs to be investigated for age discrimination.
Company Response:
State: NY
Zip: 117XX
Submitted Via: Web
Date Sent: 2019-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-24
Issue: Struggling to repay your loan
Subissue: Can't temporarily delay making payments
Consumer Complaint: Im trying to get a deferment or forbearance with Discover Student Loans. They provided my with phone numbers that disconnect every time I call them. I have been calling 3-4 times a day since XXXX. When emailed customer service for help, they consistently tell me to call the numbers provided even though I repeatedly tell them I always get disconnected.
Company Response:
State: MA
Zip: 01201
Submitted Via: Web
Date Sent: 2019-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-24
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I recently became aware of an old Discover Card debt/Judgement that is being handled by XXXX and XXXX a debt collection agency. They currently have a lien placed on my property as well as collecting wage garnishments. First, it was very difficult to determine who was actually garnishing my wages. Once I was able to determine the order was executed by the XXXX County Sheriffs department, I was then able to determine that XXXX XXXX XXXX were the ones garnishing my wages. Much to my surprise an original debt of {$6000.00} ( original judgement amount $ XXXX ) had exploded to over {$13000.00} due to fees and finance charges. I contacted XXXX and XXXX for assistance with this as my paycheck is currently being garnished for {$310.00} per month and there is a lien on my home. I was simply trying to determine what the debt was, how it had gotten to the garnishment stage and what could be done with it. I was transferred several times before being connected to XXXX. From the moment I started talking to him the discussion was demeaning. He proceeded to quickly ramble off a bunch of dates and numbers. When I tried to ask questions, he scolded me for interrupting him. I respectfully sat back and listened. He proceeded to happily tell me that they were unwilling to work with me on the debt and that they would prevent me from refinancing my home, buying a home or selling my current property. He also proceeded to tell me there was no end date or timeframe in which the debt would be satisfied and the garnishments would end. He continued to infer that they could continue to garnish my wages for an undisclosed period of time. At that time the call ended with discouragement and despair. I have tried to reach XXXX and XXXX again several times since without success. Many times they would transfer me over and over and then disconnect me. One time I was transferred several times until it finally reached a voicemail to leave a message. The voicemail did not say a name, only an extension number which I stopped writing down after about the tenth digit. I have also emailed them in hopes to discuss a settlement option and an opportunity to have the lien removed from my house-they have not responded. I have processed an online form to request a settlement offer-they have not responded. I have several complaints regarding this judgement. First, I was not personally served with the papers in XXXX. The judgement was placed by default. I was then told by XXXX and XXXX that I was sent papers in regards to wage garnishment in XXXX. I do not recall receiving such papers. I was also told by them that they sent papers to my company in XXXX to start the garnishment and that my company failed to respond or start the garnishment. Upon further investigation, I have discovered that the papers were not served to my company. They were served to an address in XXXX, NY in which I never worked. My company is located in California. Therefore they were never received by my company and executed ( it is the same company I currently work at ). For six years there was no communication regarding this debt, garnishments etc. which then allowed it to accumulate 9 % interest over that time to the sum of over {$7000.00} of finance charges and counting. Since XX/XX/XXXX I have paid a total of {$5400.00} in garnishments-nearly the amount of the original debt. In XXXX, I was never notified that the garnishments would begin, how much would be garnished, where the money was going and what the balance was or any kind of payoff date. I have not received one single statement showing how much has been paid year to date, how the money is distributed or a current updated balance. I was literally trying to work with this company to clear this debt if it in fact was owed and move on with my life. I am very discouraged by the unfair practices of this company, their demeaning attitude, their lack of concern to even return my communication efforts and especially their free ability to take my money from my earned paycheck for an undisclosed period of time while collecting exorbitant interest and placing a lien against my property even while they are collecting money from every paycheck. My biggest complaint is the improper service or lack of service of the notifications involved with this. I dont feel confident that even if a resolution were to take place, they would uphold their end of the bargain.
Company Response:
State: NY
Zip: 13760
Submitted Via: Web
Date Sent: 2019-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-23
Issue: Other features, terms, or problems
Subissue: Add-on products and services
Consumer Complaint: I purchased an item on XX/XX/XXXX on XXXX by a discover credit card. The manufacturer warranty on that item is 2 years and that item is not working on XX/XX/XXXX. It's out of the original warranty, as discover credit card provides extra one year warranty so I filed a claim through discover. And discover customer service successfully created a claim number for me # XXXX. Actually discover customer service forwarded my case to a third-party insurance company called " XXXX, XXXX XXXX XXXX '' to handle my claim. And I uploaded all the required documents to XXXX XXXX XXXX and submitted couple of additional documents based on the request of XXXX. But it seems like the XXXX claim team keeps giving me hard time and rejects my claim due to incomplete documents or document is not qualified.
Company Response:
State: TX
Zip: 77494
Submitted Via: Web
Date Sent: 2019-10-23
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-23
Issue: Getting a credit card
Subissue: Application denied
Consumer Complaint: I previously held a Discover credit card in XXXX. The card was closed with a XXXX balance on XX/XX/XXXX. I filed for Bankruptcy Chapter XXXX in XX/XX/XXXX and it was discharged in XX/XX/XXXX. Discover was never included in the bankruptcy. I was never late with Discover. I never missed a payment and my payments were never returned. Approximately one year later, in XX/XX/XXXX, I applied for a Discover card and was rejected for " STATUS OF EXISTING / PRIOR DISCOVER CARD ACCOUNT. '' I called customer service and they told me there was nothing they could do because it was showing as a bankruptcy. I supplied information to all the credit bureaus and had the account updated to reflect the correct status : Paying/paid as agreed. Closed by consumer. In XX/XX/XXXX, I used Discover 's pre-approval tool and was denied due to " STATUS OF EXISTING / PRIOR DISCOVER CARD ACCOUNT. '' Knowing that this was incorrect, I called the customer support team. They told me that my application had been rejected due to my previous card being included in bankruptcy. I informed them this was incorrect, they looked at the data and agreed - sending me up to a supervisor. Eventually, I reached a man named XXXX in a high-up credit reporting department or something of the like. His direct line is XXXX. I spoke with him on and off for two weeks while he worked to get all notations of my bankruptcy removed. Once he verified that it had been corrected, he told me to submit an application. At this point, I had spent no less than 5 hours on the phone with Discover through various stages of this process. Over the next month, I submitted at least 7 different pre-approvals at the suggestion of people in the Acquisitions department and could get no confirmation that my status had been updated. I spent an additional 4 hours on the phone with application specialists, and Acquisition team members trying to find out more information. Trusting what XXXX had told me, I decided to apply again, believing that because my credit reports reflected correctly and I had someone already clean my account of any erroneous reporting, that this would not be an obstacle. I submitted an application on XX/XX/XXXX and received a hard inquiry on my XXXX credit report as a result. The application was rejected solely for the reason of " STATUS OF EXISTING / PRIOR DISCOVER CARD ACCOUNT. '' I immediately called the application team and asked for a supervisor after explaining my dilemma. She, XXXX, told me that there was nothing she could do about my application or the inquiry - but she did say that she could see that my previous account in Discover 's system showed " Bankruptcy '' for a status, yet she could clearly see that the account was closed before the bankruptcy was filed. She then put me on hold and spoke with the " Bankruptcy '' Department ( Ph # XXXX ). She transferred me to a woman named XXXX who profusely apologized for the error and said she was forwarding it to her supervisor for immediate correction. XXXX said to call them back in 72 hours and it would be fixed, and then I could apply again. When I inquired about her removing the inquiries, she seemed confused and didnt understand that I was asking for the inquiry to be removed since Discover rejected my application based on false information. I said I would like to apply again, but did not think it was fair to receive two hard inquiries simply because of an error Discover had made with their internal systems. After getting transferred to her supervisor, it turned out to be XXXX - who I had spent several weeks talking to previously. He apologized profusely for the mistake and said that there was simply an error in the system. He said he submitted to fix it again, but couldnt make any promises about getting the hard inquiry removed. At this point, Discover has taken up more than a full days time from me, to fix an error that should have never been included to begin with. They also have put two hard inquiries on my credit report that were based on factually inaccurate information. Simply put, because I did not have an active account with Discover at the time of bankruptcy, there should never have been any notation applied to my previous account. I have been patient, but this habit of mis-reporting and mislabeling consumer accounts is immoral and should definitely be considered illegal. I have been financially harmed by Discovers refusal to remove a hard inquiry and refusal to manually review the application since it had been rejected based on false information. Discover was put on notice about the misreporting multiple times and their customer service reps could see the illegitimate bankruptcy reporting, yet Discover did nothing about it.
Company Response:
State: CA
Zip: 92102
Submitted Via: Web
Date Sent: 2019-10-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-23
Issue: Managing an account
Subissue: Banking errors
Consumer Complaint: On XX/XX/2019 Discover Bank did an ACH debit from XXXX account to my Discover Savings account for XXXX, as requested on XX/XX/2019. On XX/XX/2019 Discover Bank repeated this transaction. This second debit was NOT requested. On XX/XX/2019 Discover sent a message in my web portal. Saying that the ACH transfer was processed twice due to a processing error and they were working to reverse the transaction. I called Discover and XXXX on this day and was told by Discover that a credit would appear on my XXXX account on/by XX/XX/2019. PLEASE NOTE : While this second debit appeared as a debit on my XXXX account it did not post on my Discover account. I have asked Discover numerous times where it posted and they have not provided an answer or any documentation as requested. On XX/XX/2019 I called Discover to advise that the credit did not post and was advised it would post in the next business days. On XX/XX/2019 I called Discover to advise that the credit still has not posted and was assured I would get a call the first thing on XX/XX/2019. On XX/XX/2019 I called Discover after I did not receive a call. I was told that the credit was sent to XXXX on XX/XX/2019. The Discover representative got XXXX on the line and after confirming all my information we were told that no credit was posted to my XXXX account. Even after receiving this verbal confirmation, I was forced to upload all my recent transactions showing the XXXX account was debited twice and that no credit back was received. On XX/XX/2019 I called Discover to check on status and they said there were still investigating the matter to determine where the credit posted. I asked for verification that it was even sent and I was told that such a request had to go through their legal department. As accommodation, so I collect interest Discover posted a courtesy credit as a check on my account, but the funds would not be available to me until they conclude the investigation. Why is my own money not available to me? Especially when this is their error and they have admitted this much. Again, I will note that while my XXXX account was debited twice ( XX/XX/XXXX and XX/XX/XXXX ) and while the post of XX/XX/XXXX appears on my Discover account the other does not. Discover has not advised or provided any documentation on where exactly these funds are or were posted during this more than two week ordeal.
Company Response:
State: CA
Zip: 92264
Submitted Via: Web
Date Sent: 2019-10-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-23
Issue: Getting a credit card
Subissue: Card opened as result of identity theft or fraud
Consumer Complaint: The card was open by fraud. I called and explained to the company and credit company that I was XXXX XXXX. My information was stolen and reported. I sent statements to the agency regarding the event that had taken place. Reports filed. The credit company 's removed from my report 30 days later. I received a letter that it was reinserted on my XXXX XXXX. This is a fraud account and I need assistance with problem. I return from was and have to fight to get my information corrected. Please help! Provided XXXX XXXX with a copy of the police report and FTC. Received a letter stating it would be removed from all three companys
Company Response:
State: TX
Zip: 750XX
Submitted Via: Web
Date Sent: 2019-10-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-10-23
Issue: Dealing with your lender or servicer
Subissue: Received bad information about your loan
Consumer Complaint: I got a private student loan to finance my XXXX expenses. I graduated in XXXX of XXXX. I then went to XXXX XXXX in XXXX of XXXX. Discover agreed to defer my loan payments until six months after I XXXX XXXX XXXX. I graduated in XXXX of XXXX. In XXXX of XXXX Discover decided that my loan was all of the sudden due on XX/XX/XXXX ( in violation of the agreement we had made ). After refusing to pay on my loan until XXXX as we had agreed discover began to endlessly harass me via autodialed phone calls. I called in XXXX to attempt to straighten things out. Discover 's agents said I could upload my transcripts to show I had been in school and that they would undo any actions they took that would undermine my credit score. I uploaded my transcripts. Discover all of the sudden said that was inadequate and asked for a certified letter with my dates of attendance. I called and explained yet again that I had graduated in XXXX of XXXX and my first payment should be due in XXXX. The agent on the phone said that is 100 % correct and I asked several times for her to confirm my payment due to date was now in XXXX. She replied in the affirmative. Discover decided to continually harass me anyways so I called yet again and explained the situation. Discover agent then told me to upload a certified letter with my dates of attendance and said if i returned to school the grace period would indeed be 6 months after I graduated my new school AND they would undo any actions they took against my credit score. I sent the letter and then was harassed yet again by auto calls. I called yet again and this agent said I had spent 6 months out of school between XXXX XXXX and XXXX and the grace period actually ended in XXXX of XXXX. I explained what I was told by the other agent and he did not seem to care and continued to just mindlessly read off of his script. He also explained that I missed fall of XXXX ( which was untrue I attended class in XXXX but spent a month in the hospital with a life threatening illness ) so even if I went back to school the grace period once again lapsed once I went to the hospital and demanded I make payment or my loans would default. In some discover made willful misrepresentations on the status of my loan. Lied about the grace period several times and reported fraudulent information that adversely affected my credit score. Not really surprising though because Discover did get sued by the federal government for deceptive trade practices. I'm looking forward to their canned response where they admit no fault and pretend to be sorry for the deceptive trade practices they employed against me.
Company Response:
State: MD
Zip: 21784
Submitted Via: Web
Date Sent: 2019-10-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A