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Fast Fact: Pursuant to the Fair Credit Reporting Act, it is unlawful for a creditor to report information if they have actual knowledge that it is erroneous.

You should dispute a debt in writing if you feel as if the dollar amount being requested is inaccurate, if you feel the debt is not owed at all, or if you feel the debt is fraudulent.

If your alleged Discover Bank account is with a collection agency, you can send a letter to that collection agency within thirty days of first being notified of the collection. You should send such a letter via certified mail so that you can prove that they received it. In response to your dispute, the collection agency must cease collection activity until they send you some sort of validation or proof of the alleged debt. They can resume their collection efforts again once they produce proof of your debt.

The Fair Debt Collection Practices Act (“FDCPA”) regulates what debt collection agencies may and may not do. Collection agencies may not:

  • use abusive or obscene language;
  • call before 8am or after 9pm;
  • call you at work, if they know that your employer does not permit personal calls;
  • contact any third party and state that you owe a debt.

    The Fair Credit Reporting Act (“FCRA”) regulates the credit bureaus’ responsibilities as to your credit report. There are many things credit bureaus are required to do as it pertains to their credit reporting. Credit Bureaus must:

  • report accurately;
  • conduct a reasonable investigation of any dispute you make with them as to inaccurate credit reporting;
  • clearly mark any trade line disputed by you as disputed by the consumer.

    Your best option is to consult with a consumer protection attorney if you believe your rights are being violated.

  • 1 Comment

    1. William H. on March 3, 2015 at 2:24 pm

      I moved from an address in Illinois in 2007 — moved to China where I have lived and worked for the past 8 years. In 2012, Discover Bank apparently sent a pre-approved credit card application to my former IL address. Someone obtained or somehow activated this credit card and used it to make, in a single day, $7500 of online purchases of air fare. I was unaware of all of this until last year when I returned to the US in preparation for moving back. Discover Bank is sending me collection notices for this $7500. I have provided them with ample documentation to the effect that I did not live at the address in question for many years and did not enter the US at all during the year when the card was issued and the purchases made. All to no avail — they have been unresponsive and as a result my credit rating is in ruins. This is tremendously difficult for me as I have opened a business in NY and very much need basic credit instruments to operate the business, not to mention the same issue on the personal side — I cannot obtain a credit card of any kind in spite of good salary and cash balances. Looking for an attorney to take action against Discover Bank and help me remedy this.

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    Vullings Law Group, LLC d/b/a VullingsLaw is not responsible for the content of the consumer comments provided here.  Vullings Law neither supports nor provides any opinion as to the statements made herein.