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Late Payment Reporting

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Anonymous
Not applicable

Late Payment Reporting

I'm definitely not going to poke the bear, but more curious than anything. I have a couple of late payments set to fall off this year and next, then I should have a clean report.

 

In going over each late payment today, I noticed that some were reported for different months. Ex:,

 

ExxonMobil-(No 60DL, just 30DL)

TU-30DL-09/14

EQ-30DL-09/14

EX-30DL-10/14

 

Kay-

TU-30DL-08/15, 60DL-09/15

EX-30DL-07/15, 60DL-08/15

EQ-Not Reported

 

Sears-

TU-30DL-07/14, 60DL-08/14

EX-30DL-07/14, 60DL-08/14

EQ-30DL-none, 60DL-08/14

 

Just more curious more than anything regarding the different reporting months, if this was normal.

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1 REPLY 1
RobertEG
Legendary Contributor

Re: Late Payment Reporting

It is quite normal for a credtior to report the payment history profile a bit differently between different CRAs.

Not really proper, as payment history profile is factual information, but not uncommon.

 

The FCRA includes specific exemption from liabiiity for inaccurate or incomplete initial reporting of information to a CRA.

More specifically, in order not to create a disincentive for voluntary reporting to the CRAs. FCRA 623(c) exempts the furnisher from any civil liability for their initial reporting by barring consumers from bringing their own civil actions.

A consumer must first file a dispute with the CRA, providing the furnisher with the opportunity to first correct or delete inaccurate reporting before they acquire the right to bring private civil action over accuracy of reporting.

If the furnisher verifies the accuracy of their reporting, the FCRA then provides for civil action based on reasonableness of the investigtion of the consumer's dispute as opposed to direct civil action based on the initial inccuracy of the reporting.

 

For that reason, furnishers can become a bit cavalier over the accuracy of their initial reporting, but will become concerned once a dispute is filed, thus making them liable.

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