A debt collector can report to a CRA at any time they have legitimate collection authority. There is no period running from any date, including DOFD, that restructs debt collector reporting.
The so-called credit reporting periods under FCRA 605(a) apply only to the continued ability of a CRA to include those derogs listed under section 605(a0 in any credit report they issue after those dates. If 7 1/2 years has expired from the DOFD, the CRA should block inclusion of any charge-off or collection from their credit reports. If they do not, the fault is on the part of the CRA for violation of FCRA 605(a), and not on the party who reported to the CRA.
Continued inclusion of blocked information in your CR after the expiration periods can stem from two problems.
The first is that the DOFD in your credit file is correct, but the CRA has failed to block it after 7 years plus six months from the DOFD has expired.
The second reason is that the DOFD in your credit file is incorrect. Then it is the fault of the reporting party, and not the CRA.
The DOFD is required to have been reported to your credit file within 90-days of any collection referral or charge-off. FCRA 623(a)(5). If the DOFD is incorrect, then there has been a violation of one of the subparagraphs under FCRA 623(a)(5). Primary responsibility rests with the OC to report the DOFD, but under some circumstances, such as the absence of any credit reporting of a prior collection referral or charge-off by the OC, the burden shifts to the debt collector to obtsain and provide the DOFD. Using procedures set forth under FCRA 623(a)(5)(ii) and (iii), the debtt collector must exercise "reasonable procedures" to get this date from the OC. If those "reasonable procedures" fail, then the debt collector can report a DOFD of any date prior to the date they obtained collection referral from the OC.
Regardless, the statute requires that the CRA be provided a DOFD within 90-days of collection referral to the debt collector.
If your commercial credit report does not provide you the DOFD, you can get it at any time directly from the CRA under the provisions of FCRA 609(a).
FCRA 609(a) entitles the consumer to any information in their credit file, and requries only the payment of the fee set forth in FCRA 612(f), which is currently $10.50.
