topic Re: 5 years of incorrect DOFD and possibly other information in Rebuilding Your Credit

5 years of incorrect DOFD and possibly other information

Anonymous — Wed, 27 Jan 2016 23:31:26 GMT

Hello all,

I have a scenario where an account from a collection agency is on my Experian credit report showing a date opened of 02/2011 and a DOFD of 01/2011. I filed a CFPB complaint that this date was wrong as I was on a deployment in the Army during both the DOFD and date open dates.

Today I received a call from the CA stating that I must be mistaking the reaging process and that CA's are supposed to report the DOFD as the actual DOFD from the OC. On this call he confirms that everything is correct and that the date opened being reported is the date that the CA picked up the debt and that the DOFD is correct. He stated that he was responding to the CFPB with the information that he provided. He had also asked me if I'd like to take care of the debt in which I replied that I will need to further verify all information before making any decisions. It would also be beneficial to note that all of these conversations have been recorded and saved on my end.

I immediately call the credit bureau to confirm the dates that he had given me and confirmed that they have been reporting the DOFD as Jan 2011 as I had originally suspected. I call the CA back and inform the agent that the dates that they are reporting are incorrect and that I have verified this with the bureau. While in hindsight this was probably a bad idea as he mentioned that the innaccuracy was being fixed and should reflect on the next cycle, but I assume this was already being done under the assumption that I wasn't verifying. When I mentioned that it was being incorrectly reported for years he stated that he went through all of the documents and that he noted that and changed that. He stated that this would be submitted with their next "tape" and that the record has been adjusted. While this might have been noted and adjusted on his side, as of today the DOFD is still being reported wrong and has been for 5 years.

So I'd wager that it's safe to say that the company will be fixing this asap with the bureau, my question ultimately is if there were any FCRA or SCRA violations that could be pursued due to the incorrect reporting. I'd also say it was safe to say that this was knowingly reaged and adjusted since the actual date was that simple to find. Do I have any legal grounds to pursue this? Once they correct the date will I have any legal grounds then? Would also love any help, advice, comments or questions that could aid me or others in similar situations.

Thank you!

Re: 5 years of incorrect DOFD and possibly other information

Anonymous — Thu, 28 Jan 2016 00:09:05 GMT

Also,

For what it is worth, the CA just responded to the CFPB complaint with the following;

Explanation of closure

Debtor confused about what "date opened" meant.  Thought account was being re-aged based on later date "Date Opened" when account assigned for collection.  Called debtor - explained difference and how date of 1st delinquency is what credit bureaus use for credit reporting time time limit.
See attachment.

Response

See attachment.  No further follow up.

Re: 5 years of incorrect DOFD and possibly other information

RobertEG — Thu, 28 Jan 2016 00:49:06 GMT

Reporting of information to a CRA is not a violation per se simply because the reporting may be inaccurate.

Violation of the FCRA occurs, per FCRA 623(a)(1), if the furnisher reports information with knowledge at the time of reporting of its inaccuracy.

That raises the issue of whether it is clear that, when they reported, the debt collector had actual knowledge that the DOFD they were reporting was clearly inaccurate.

The reporting requirments for DOFD are set forth in FCRA 623(a)(5), which requires the debt collector to attempt to obtain the DOFD from the OC.

In the event they have taken reasonable procedure to atttempt to obtain the DOFD from the OC, and their attempt was unsuccessful, the debt collector may make their best guess as to DOFD, provided they do not report a date that is later than the date they obtained their collection authority.

In your scenario, you have no actual knowledge of whether the debt collector made a reasonble attetmpt to obtain the DOFD from the OC, or whether they obtained a date form the OC. If they made a reasonable but unsucessful attempt, then their reporting of a date that is one month prior to the date they obtained collection authoriiyt would be in compliance with the DOFD provisions of FCRA 623(a)(5).

In my opinion, you do not have clear factual showing that the debt collector reported a DOFD with clear knowledge of its inaccuracy.

Additionally, a consumer does not have the private right to bring their own civil action agaisnt a furnisher for an asserted violation of section 623(a)(1).

They can bring action after a dispute for lack of proper investigation of their dispute,, but cannot bring their own civil action asserting a furnisher knowlingly reported inaccurate information. That right is reserived for federal agencies, such as the CFPB. See FCRA 623(c).

If you wish to bring civil action, you must first file a dispute under FCRA 611(a),, and if they verify, you can then challenge the reasonableness of their investigation.

In your case, since they have now agreed to correct, then you already have the resolution of any dispute you may choose to file.

I see no recourse to civil action for their reporting.

Re: 5 years of incorrect DOFD and possibly other information

Anonymous — Thu, 28 Jan 2016 01:31:17 GMT

@RobertEG wrote:

Reporting of information to a CRA is not a violation per se simply because the reporting may be inaccurate.
Violation of the FCRA occurs, per FCRA 623(a)(1), if the furnisher reports information with knowledge at the time of reporting of its inaccuracy.
That raises the issue of whether it is clear that, when they reported, the debt collector had actual knowledge that the DOFD they were reporting was clearly inaccurate.

What if the CA bought the collection from another agency, which included the contract, contact logs from the OC and contact logs from the selling CA? The previous CA reported the correct information, would this not be basis that they had knowledge of the DOFD?

The reporting requirments for DOFD are set forth in FCRA 623(a)(5), which requires the debt collector to attempt to obtain the DOFD from the OC.
In the event they have taken reasonable procedure to atttempt to obtain the DOFD from the OC, and their attempt was unsuccessful, the debt collector may make their best guess as to DOFD, provided they do not report a date that is later than the date they obtained their collection authority.

How could this be proven? I would assume that any attempts would be futile anyway. If they bought from another CA would the same apply or would they need to get that info from the CA?

In your scenario, you have no actual knowledge of whether the debt collector made a reasonble attetmpt to obtain the DOFD from the OC, or whether they obtained a date form the OC. If they made a reasonable but unsucessful attempt, then their reporting of a date that is one month prior to the date they obtained collection authoriiyt would be in compliance with the DOFD provisions of FCRA 623(a)(5).

In my opinion, you do not have clear factual showing that the debt collector reported a DOFD with clear knowledge of its inaccuracy.

Additionally, a consumer does not have the private right to bring their own civil action agaisnt a furnisher for an asserted violation of section 623(a)(1).
They can bring action after a dispute for lack of proper investigation of their dispute,, but cannot bring their own civil action asserting a furnisher knowlingly reported inaccurate information. That right is reserived for federal agencies, such as the CFPB. See FCRA 623(c).
If you wish to bring civil action, you must first file a dispute under FCRA 611(a),, and if they verify, you can then challenge the reasonableness of their investigation.
In your case, since they have now agreed to correct, then you already have the resolution of any dispute you may choose to file.
I see no recourse to civil action for their reporting.

Thank you for this information, I was not aware that I was unable to bring suit myself.