Sued by Discover Financial Services in Washington? Here's What to Do Next

2012 · consent order

$214M total ($200M consumer refunds to ~3.5M consumers + $14M CFPB civil money penalty)

Joint CFPB/FDIC consent order finding Discover used deceptive telemarketing tactics to sell credit card add-on products including payment protection, credit score tracking, identity theft protection, and wallet protection. Telemarketers misled consumers about enrollment, costs, and benefits.

CFPB source

2015 · consent order

$18.5M total ($16M consumer refunds + $2.5M CFPB civil money penalty)

CFPB consent order finding Discover misstated minimum payments due on student loan billing statements, misrepresented tax information consumers needed for federal tax benefits, and engaged in illegal servicing and collection practices including calling consumers early in the morning and late at night.

CFPB source

Statute of Limitations Defense

In Washington, the statute of limitations for credit card debt is 6 years. If your last payment was more than 6 years ago, the debt is time-barred. Verify when your last payment or account activity occurred and raise the SOL defense in your Answer if applicable.

Challenge the Amount

Demand a complete accounting from the original creditor's last statement through the current claimed balance. Any unauthorized fees, post-charge-off interest, or collection costs not in the original agreement should be disputed line by line.

Washington Wage Garnishment Exemptions

Greater of 75% of disposable earnings or 35x state minimum wage exempt. Washington's higher minimum wage provides strong protection.

Washington Consumer Protection Act (RCW 19.86) / Washington Collection Agency Act

In addition to the federal FDCPA, Washington's Washington Consumer Protection Act (RCW 19.86) / Washington Collection Agency Act may provide additional protections and remedies against Discover Financial Services's collection practices.

Washington Court System

Small claims limit $10,000. District court for larger cases up to $100,000. Superior court for larger amounts. Filing fees in Washington typically range $50-$300.

Can Discover sue me for unpaid credit card debt?

Yes. Discover regularly files lawsuits against consumers for unpaid credit card balances. They typically sue directly rather than selling the debt to a third party.

What happens if I ignore a Discover lawsuit?

A default judgment will be entered against you, allowing Discover to garnish wages, levy bank accounts, and place liens on property in states that permit it.

Can I negotiate with Discover?

Discover may negotiate settlement offers, especially if you file an Answer and actively defend the case. Having an active defense often motivates creditors to settle for less.

Does the statute of limitations apply to Discover?

Yes. Credit card debt has a statute of limitations that varies by state, typically 3-6 years. If Discover sues after the SOL expires, you can raise this as a defense.

How long to respond in Washington?

20 days from service.

What is the SOL in Washington?

6 years for written contracts. 3 years for oral contracts.

How protective is Washington on garnishment?

Washington uses 35x state minimum wage as the floor, and WA has one of the highest minimum wages in the country, providing strong protection.

Does WA have a collection agency law?

Yes. The Washington Collection Agency Act requires collectors to be licensed and follow specific rules.

How much of my wages can a debt collector take in Washington?

Washington provides significantly more wage protection than the federal floor. Under RCW 6.27.150, for consumer debts after a judgment, a creditor can take the lesser of 20% of your disposable earnings or the amount by which your weekly disposable earnings exceed 35 times the state minimum wage. Because Washington's state minimum wage is substantially higher than the federal minimum wage, the protected floor is much higher than in most states. Disposable earnings means what is left after legally required deductions like federal taxes and Social Security. For private student loans and consumer debts to a financial institution, the limit is the lesser of 25% or amounts above 35 times the state minimum wage. Government debts like child support, federal student loans, and taxes follow different and sometimes higher caps. Washington also exempts certain categories of income entirely from garnishment, including Social Security, SSI, veterans benefits, unemployment compensation, and most retirement benefits under RCW 6.15.020.

Is a debt collector required to be licensed in Washington?

Yes. The Washington Collection Agency Act, RCW Ch. 19.16, requires collection agencies to be licensed by the Washington Department of Licensing and to post a $5,000 surety bond before engaging in collection activity in Washington. You can verify a collector's license using the Department of Licensing's online search at dol.wa.gov. If a collector contacting or suing you is not licensed, that itself is a violation of the Collection Agency Act and a per se violation of the Washington Consumer Protection Act, RCW Ch. 19.86, which allows treble damages up to $25,000 plus attorney fees. The licensing requirement applies broadly to third-party collection agencies and debt buyers collecting in their own name. Original creditors collecting their own debts are not required to be licensed, although they are still subject to other Washington consumer protection laws and federal FDCPA. Operating as an unlicensed collection agency in Washington is also a criminal misdemeanor.

What is the statute of limitations on debt in Washington?

Washington's statute of limitations on a written contract, which includes most credit card cardholder agreements, is six years under RCW 4.16.040(1). For oral contracts and open accounts, it is three years under RCW 4.16.080. For installment loans, the clock generally starts ticking on each missed payment, although most courts treat the full balance as due once the lender accelerates the loan. For out-of-state creditors, Washington's borrowing statute, RCW 4.18.020, applies the limitations period of the state where the claim accrued if that period is shorter. Washington also has consumer-protective rules about written acknowledgments of debt restarting the clock under RCW 4.16.270, which require a writing signed by the debtor to revive a time-barred debt. If you are sued on a debt past the applicable limitations period, you should raise statute of limitations as an affirmative defense in your answer. The defense is waived if not raised.

I have medical debt in collections in Washington. What protections apply?

Washington has enhanced protections for medical debt under RCW 19.16.260 and the Washington Charity Care Act, RCW 70.170. Hospitals and certain health care providers must screen patients for eligibility for charity care before turning accounts over to collections, and they cannot report a medical debt to a credit bureau or sue on it until certain notice and screening requirements are met. Medical debt collectors operating in Washington must comply with these requirements in addition to the general Collection Agency Act and federal FDCPA. The Washington Attorney General has brought multiple enforcement actions against hospitals and collectors for charity care violations. If you have medical debt in collections, ask the original provider whether you were screened for charity care before the account was sent to collections, and request your account be re-screened if not. Federal credit reporting rules now require a one-year delay before medical debt under $500 is reported, plus other restrictions. Document everything and consider filing a complaint with the Attorney General if a collector violates these rules.

Can I sue a Washington debt collector under the Consumer Protection Act?

Yes. The Washington Consumer Protection Act, RCW Ch. 19.86, prohibits unfair or deceptive acts in trade or commerce and creates a private right of action under RCW 19.86.090. A violation of the Washington Collection Agency Act, RCW Ch. 19.16, is a per se violation of the CPA. Successful plaintiffs can recover actual damages, attorney fees, and treble damages up to $25,000 in some cases. To win, you generally need to show the practice was unfair or deceptive, occurred in trade or commerce, affected the public interest, caused injury to your business or property, and there is a causal link between the practice and the injury. Common debt collection conduct that can support a CPA claim includes calling repeatedly, using false or misleading statements, threatening action the collector cannot or does not intend to take, contacting third parties about your debt, collecting from an unlicensed collector, and continuing to collect after a written dispute or cease and desist. Keep detailed records of all collector contacts.