Discover is not honoring the initial terms of the promotion that many of us applied for and paid $650 (or more) for an iPhone specifically and only for the initial terms of this promotion.

If you feel you have been unfairly treated legal action may be necessary:

Discover Financial Service's CEO is David W. Nelms. He is also Chairman of the Board of Directors.

Other notable executives are:

Kelly McNamara Corley - General Counsel and Secretary

James V. Panzarino - President: Credit and Card Operations

The physical address of the corporate headquarters is:

DISCOVER FINANCIAL SERVICES
2500 LAKE COOK ROAD
RIVERWOODS, IL, UNITED STATES 60015

from National Information Center.

According to the Illinois Attorney General you can sue, without an attorney, up to $10,000. Riverwoods is in Lake County. Lake County Small Claims page.

Not advising anyone on how to proceed, as I'm not a lawyer, but this is what has worked for me in the past.

- Attempt informal resolution (aka Letter of Demand). Most small claims courts require this but apparently Lake County does not. Make sure you outline your complaint clearly and what you expect in return. Do not be ambiguous. Send carbon copies to executives of interest. Emails will always be ignored. You need to mail physical copies Certified with Return Receipt Requested.

- Start the small claims process. Have the executives served BY THE SHERIFF. Extremely embarrassing for the folks being served. How many times will they tolerate that?

Here's Lake County's procedure for summons:
- Go to court and explain the situation. Don't be vague or ambiquous. Be honest. Was your adversary?

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*****Warning: This information is not intended to constitute legal advice*****

While I disagree w/ your assertion that Discover has no evidence for court...they can subpoena legitimate business records. I do agree with the CFPB complaint avenue. In fact The Federal Deposit Insurance Corporation ("FDIC") is the appropriate Federal banking agency with respect to Discover Bank, Greenwood, Delaware ("Discover"), under section 3(q) of the Federal Deposit Insurance Act ("FDI Act"), 12 U.S.C. § 1813(q). The Consumer Financial Protection Bureau (''CFPB") has jurisdiction over Discover, pursuant to sections I002(6), l025 and 1053(b) ofthe Consumer Financial Protection Act ("CFP Act"), 12 U.S.C. §§ 5481(6), 5515 and 5563(b).

The FDIC and CFPB have previously held that Discover has engaged in deceptive acts and practices in or affecting commerce, in violation ofsection 5 ofthe Federal Trade Commission Act ("Section 5"), 15 U.S.C. § 45(a)(l), and in deceptive acts and practices in violation of sections 1031 and 1036 of the CFP Act(together"Section 1036"), 12 U.S.C. §§ 5531,5536.

Furthermore I suspect Discover is currently violating various terms related to a previous enforcement action/consent order including but not limited to:

(a) operating in violation of Section 5 or of Section 1036;
(b) engaging in deceptive marketing and sales of the Products in violation of Section5 or of Section 1036;
(c) operating Discover with an inadequate compliance management system to ensure compliance with Section 5 and with Section 1036 and all implementing rules and regulations, regulatory guidance, and statements ofpolicy;
(d) operating Discover without adequate oversight by the Board and supervision by senior management ofthe Products to ensure compliance with Section 5 and with Section l036 and all implementing rules and regulations, regulatory guidance, and statements of policy; and 5
(e) operating Discover with an inadequate system o f internal controls and an inadequate internal audit system with regard to the Products to ensure compliance with Section 5 and with Section 1036 and all implementing rules and regulations, regulatory guidance, and statements of policy.

Per CPFB Discover shall not make, or allow to be made, any material misleading or deceptive representation, statement, or omission, expressly or by implication, in the marketing materials, telemarketing scripts and/or sales presentation used to solicit any Cardmember or prospective Cardmember, or in any similar communication in connection with any Product.

Discover shall not make or allow to be made, directly or indirectly, any misrepresentation or omission, expressly or by implication, about any material term of an offer related to any Product in connection with the advertising, marketing (including telemarketing and online marketing), offering, soliciting, eligibility, billing, servicing, or account maintenance with respect to a Product, including but not limited to misrepresentations or omissions as to the following:
(i) any and all fees, costs, expenses, and charges associated with the Products;
(ii) all material conditions, benefits, and restrictions related to the Products;
(iii) the purpose of sales calls and/or sales portions of servicing or other calls;
(iv) payment terms for a Product, including a description of when a
Cardmember will be charged for a Product or incur charges for a Product;
(v) refunds or adjustments for a Product fee and Discover policies for such
refunds and adjustments.

The foregoing information has been cited from the FEDERAL DEPOSIT INSURANCE CORPORATION / CONSUMER FINANCIAL PROTECTION BUREAU
JOINT CONSENT ORDER, ORDER FOR RESTITUTION, AND ORDER TO PAY CIVIL
MONEY PENALTY

Docket Numbers FDIC-ll-548b; FDIC-ll-55lk & 2012-CFPB-0005

http://files.consumerfinance.gov/f/2...order_0005.pdf

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See below for a draft CFPB complaint. A "Plain English" variation may be better suited for you depending upon what you are comfortable with.

*****Warning: This information is not intended to constitute legal advice*****

The Federal Deposit Insurance Corporation ("FDIC") is the appropriate Federal banking agency with respect to Discover Bank, Greenwood, Delaware ("Discover"), under section 3(q) of the Federal Deposit Insurance Act ("FDI Act"), 12 U.S.C. § 1813(q). The Consumer Financial Protection Bureau (''CFPB") has jurisdiction over Discover, pursuant to sections I002(6), l025 and 1053(b) of the Consumer Financial Protection Act ("CFP Act"), 12 U.S.C. §§ 5481(6), 5515 and 5563(b).

Myself and numerous other similarly situated Discover consumers have not reasonably been able to obtain rewards, as marketed and represented by the entity. Discover has engaged in unfair practices by imposing "burdensome requirements" on consumers in connection with its suggestion that receipts need to be submitted in order to claim the rewards offered under the promotion. Curiously, the terms and conditions governing the Discover promotion in question have never outwardly stated that the consumer needed to keep receipts.

The terms of the promotion

This promotion is referenced on Discover's website: under the Apple Pay FAQ section of Discover's website. The relevant details are under the "Earn Rewards" section:

“What are the details for the 10% Cashback Bonus® promotion? Cashback Bonus Earn an extra 10% Cashback Bonus on up to $10,000 of in-store purchases when you use your Discover card with Apple Pay now through 12/31/15. Excludes gift card purchases. No sign up needed. Rewards earned are in addition to your standard rewards and are added to your Cashback Bonus account within 2 billing periods. See Cashback Bonus Program Terms and Conditions for more information. Miles version: Earn an extra 10 miles per dollar on up to $10,000 of in-store purchases when you use your Discover card with Apple Pay now through 12/31/15. Excludes gift cards. No sign up needed. Rewards earned are in addition to your standard rewards and are added to your Miles account within 2 billing periods. See Miles Program Terms and Conditions for more information.”

https://www.discover.com/credit-card...apple-pay.html - q21

https://www.discover.com/credit-card...-it-miles.html

THE PERVASIVE NATURE OF THE PROBLEM

• The gift card exclusion was added several days after the promotion was launched

• Discover is now blanket rejecting purchases above a certain amount

• Discover is requiring customers to retain receipts

• Discover does not have the requirement to keep receipts in the Terms and Conditions governing the promotion

• This is a blatant attack on consumer privacy

• The burden of proof is shifted to the consumer, instead of the credit card company

• If Discover wants to exclude gift cards, they need to do it accurately and automatically, without the need of receipts being sent into Discover.

[email protected] sent e-mails to me which erroneously suggested that the following transaction’s on my account included a gift cards:

As described above Discover is blanket denying all large purchases under the false suggestion that they contain gift cards when in fact none of my purchases contained gift cards.

As a result I am still missing bonus mileage credit for the following purchases which are in fact eligible and qualify for the Discover & APPLE PAY 10% BONUS promotion:


Discovers actions are Unfair, Deceptive and Abusive under Section 1036

Section 1036 defines an "unfair" act or practice as follows:

The act or practice causes or is likely to cause substantial injury to consumers.
The injury is not reasonably avoidable by consumers.
The injury is not outweighed by countervailing benefits to consumers or to competition.

Section 1036 outlines deceptive. The Bureau's articulation of "deceptive" follows the FTC's; beginning with the inclusion not only of acts or practices but also representations and omissions. There is not just an obligation to avoid lying (which Discover is clearly doing in this situation), there is an affirmative obligation of full disclosure. By omitting the requirement for the consumer to save receipts in the terms and conditions and then seeking to condition the payment of rewards on submission of receipts is the definition of deception. Here is the most important advice on deception from the Bureau, which creates an affirmative obligation not to omit any information necessary for full customer evaluation of the product: omissions will be presumed to be material when the financial institution knew or should have known that the consumer needed the omitted information to evaluate the product or service.

Can Discover honestly say that it did not know in the situation outlined above that the consumer needed the omitted information to evaluate the product or service?

And finally, Abusive.

There are four separate ways in which an act or practice can be found to be abusive under Section 1031 of the Act:

Material interference with the consumer's ability to understand a term or condition.
Taking unreasonable advantage of:
The consumer's lack of understanding of material risks, costs or conditions.
The inability of the consumer to protect himself in selecting or using the product/service.
Key product terms or features are not readily available to consumers.

Discover never made known to consumers the full terms such as requiring receipts until after the offer had been accepted and the cardholder no longer was able to carefully consider the full extent of the exercise. This practice is Unfair, Deceptive and Abusive on it’s face.


I will add that the FDIC and CFPB have already previously held that Discover has engaged in deceptive acts and practices in or affecting commerce, in violation of section 5 of the Federal Trade Commission Act ("Section 5"), 15 U.S.C. § 45(a)(l), and in deceptive acts and practices in violation of sections 1031 and 1036 of the CFP Act(together "Section 1036"), 12 U.S.C. §§ 5531,5536.

Citing the above information described in this complaint it is readily apparent that Discover is currently violating numerous terms of the previous FDIC/CFPB enforcement action/consent order including but not limited to:


(a) operating in violation of Section 5 or of Section 1036;
(b) engaging in deceptive marketing and sales of the Products in violation of Section5 or of Section 1036;
(c) operating Discover with an inadequate compliance management system to ensure compliance with Section 5 and with Section 1036 and all implementing rules and regulations, regulatory guidance, and statements of policy;
(d) operating Discover without adequate oversight by the Board and supervision by senior management of the Products to ensure compliance with Section 5 and with Section l036 and all implementing rules and regulations, regulatory guidance, and statements of policy; and 5
(e) operating Discover with an inadequate system o f internal controls and an inadequate internal audit system with regard to the Products to ensure compliance with Section 5 and with Section 1036 and all implementing rules and regulations, regulatory guidance, and statements of policy.

Per CPFB Discover shall not make, or allow to be made, any material misleading or deceptive representation, statement, or omission, expressly or by implication, in the marketing materials, telemarketing scripts and/or sales presentation used to solicit any Cardmember or prospective Cardmember, or in any similar communication in connection with any Product.

Discover shall not make or allow to be made, directly or indirectly, any misrepresentation or omission, expressly or by implication, about any material term of an offer related to any Product in connection with the advertising, marketing (including telemarketing and online marketing), offering, soliciting, eligibility, billing, servicing, or account maintenance with respect to a Product, including but not limited to misrepresentations or omissions as to the following:
(i) any and all fees, costs, expenses, and charges associated with the Products;
(ii) all material conditions, benefits, and restrictions related to the Products.

The foregoing information has been cited from enforcement action/consent order docket Numbers FDIC-ll-548b; FDIC-ll-55lk & 2012-CFPB-0005)

http://files.consumerfinance.gov/f/2...order_0005.pdf

Taking the above into account my desired resolution is that if Discover wants to exclude gift card purchases, they need to be able to do it automatically and accurately. The burden of proof should not fall on the consumer and consumers should not need to keep receipts, as this was never outlined in the terms and conditions. In light of these unfair, deceptive and abusive actions against consumers, Discover should honor all Apple Pay purchases with the advertised bonus of 10% or 10X miles.

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11/23: Discover gave 10% cash back without receipts if you bought gift cards PRIOR to September 18, 2015. Purchases from Sept 18th onward may get flagged by Discover (parameters unknown) for which receipts are requested.

9/18: the terms are now shown in the wallet app, and exclude gift cards. Discover's Apple Pay FAQ has been updated to reflect these new terms. It's unknown if this will be enforced or not.

There are two references to this promotion on Discover's website:

1. The Apple Pay FAQ on Discover's website. The relevant details are under the "Earn Rewards" section.
   Quote:

   What are the details for the 10% Cashback Bonus® promotion?
   
   Cashback Bonus
   
   Earn an extra 10% Cashback Bonus on up to $10,000 of in-store purchases when you use your Discover card with Apple Pay now through 12/31/15. Excludes gift card purchases. No sign up needed.
   
   Rewards earned are in addition to your standard rewards and are added to your Cashback Bonus account within 2 billing periods. See Cashback Bonus Program Terms and Conditions for more information.
   
   Miles version:
   
   Earn an extra 10 miles per dollar on up to $10,000 of in-store purchases when you use your Discover card with Apple Pay now through 12/31/15. Excludes gift cards. No sign up needed.
   
   Rewards earned are in addition to your standard rewards and are added to your Miles account within 2 billing periods. See Miles Program Terms and Conditions for more information.
   The previous terms are below. Once again, the following terms are NOT the terms that are currently in effect. (If you made any transactions under the old terms that may be excluded by the new terms, I hope you saved copies of the old terms!)
   Quote:

   What are the details for the 10% Cashback Bonus® promotion?
   Cashback Bonus:
   
   Earn an extra 10% Cashback Bonus on up to $10,000 of in-store purchases when you use your Discover card with Apple Pay now through December 31, 2015. Rewards earned are in addition to your standard rewards and are added to your Cashback Bonus account within 2 billing periods. See Cashback Bonus Program Terms and Conditions for more information.
   
   Miles:
   
   Earn an extra 10 miles per dollar on up to $10,000 of in-store purchases when you use your Discover card with Apple Pay now through December 31, 2015 now through 12/31/15. Rewards earned are in addition to your standard rewards and are added to your Miles account within 2 billing periods. See Miles Program Terms and Conditions for more information.
2. The press release on Discover's website. This is the same press release that was distributed on Business Wire's website. (Warning: The terms described in this press release are not consistent with the current terms, which exclude gift cards. This is a press release, not a living document, so an update is unexpected/unlikely.)
   Quote:

   From September 16, to the end of the year, cardmembers who pay with their Discover card using Apple Pay will automatically earn an extra 10% Cashback Bonus on up to $10,000 of in-store purchases. Discover it Miles, Miles and Escape cardmembers will earn an extra 10 miles per dollar on up to $10,000 of in-store purchases.

FAQ:

1. I can't add my discover card.
   
   you need to upgrade to iOS9 to add the Discover card.
   
   
2. Can I have more than 2 Discover cards?
   
   It is not possible, as you can only have two Discover Credit products at any one time, and you can only open your second one after having the first for at least 12 months.
   
   
   
3. If I add my SO as an AU will both of our cards get the 10 bonus or is it 1 per account?
   
   1 per account
   
   
4. How do I get Apple Pay?
   
   You will need either an iPhone 6 or an Apple Watch linked to an iPhone 5 or iPhone 6
   
   
5. Which stores accept Apple Pay?
   
   see: http://www.apple.com/apple-pay/where-to-use-apple-pay/
   
   
6. Which cards are eligible for the Apple Pay 10% Cashback Bonus promotion?
   
   The following Discover cards are eligible for the promotion:
   
   Discover it®
   Discover it Chrome
   Discover More®
   Discover Open Road®
   Discover Motiva℠
   
7. How do I report Apple Pay Discover transaction issues at merchants?
   
   see: http://www.apple.com/feedback/apple-pay.html
   
   
8. Are Apple pay purchases made through store apps on the iphone eligible for this promo?
   
   No, purchases must be made in store.
   
   
9. How do I determine how much Cashback is from the Apple Pay promo?
   
   Log into full discover website (desktop version). Navigate to recent transactions. From this view select the statement period. Once you have the statement transactions up you should see a detailed break out of the Cashback by 5%, discover deals, AP， etc... You will have to view each statement to get total AP. You can download transactions to excel to try and figure out which match up to AP payout.