Effect of Payment on Reporting Period Under 1681c

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David A. Szwak
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Joined: Thu Jul 13, 2006 11:19 pm

Effect of Payment on Reporting Period Under 1681c

Post by David A. Szwak »

FTC Commentary, 16 CFR Pt. 600, § 605(a)(4), explains the effect of a payment on the reporting period:

“The reporting period is not extended by assignment to another entity for further collection, or by a partial or full payment of the account. However, where a borrower brings his delinquent account to date and returns to his regular payment schedule, and later defaults again, a consumer reporting agency may disregard any collection activity with respect to the first delinquency and measure the reporting period from the date the account was placed for collection as a result of the borrower's ultimate default. A consumer's repayment agreement with a collection agency can be treated as a new account that has its own seven year period.â€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
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