FCRA clarification
[ Follow Ups ] [ Post Followup ] [ Credit Forum Index ]
Posted by Linda-nator
(209.234.160.70) on April 10, 2003 at 14:35:40:
I just can't help myself, I've seen many posts here containing erroneous information concerning the credit bureau 7 year reporting statute. Paying a charge-off, whether paying it in full, or making a partial payment, does NOT restart the clock concerning credit bureau reporting. That's the law, and if you read the FCRA you too will know the truth. Now, that does not mean that some creditors, or CAs will not re-report your account. But it does mean that they are breaking the law, and you have legal recourse, and you have the right to dispute the item and have it removed. Many of the self-proclaimed experts here continue to discourage people from paying their charge-offs, instilling fear by misleading them, stating it'll re-start this clock. That is FALSE. Here's a link to the FCRA: http://www.ftc.gov/os/statutes/fcra.htm And the pertinent text: "§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c] (a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information: (1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.
(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.
(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.
(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.(1)
(5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1 " and the kicker..
"c) Running of reporting period.
(1) In general. The 7-year period referred to in paragraphs (4) and (6)(2) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.
(2) Effective date. Paragraph (1) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after the date of enactment of the Consumer Credit Reporting Reform Act of 1996."
Follow Ups:
Post a Followup
|
