A OC reports a charge off date of 5/99 on a account that was included in a ch13 filed 6/98. ch13 was discharged on 3/21/2002. is reporting a charge off amount on a account included in a ch13 a violation of anything? I know that it would be if it was reported as charged off date after discharge. What about in between file and discharge dates? thanks in advance Gersh
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 607(b) Federal Trade Commission UNITED STATES OF AMERICA FEDERAL TRADE COMMISSION WASHINGTON, D.C. 20580 Division of Credit Practices Bureau of Consumer Protection ~ Clarke W. Brinckerhoff Attorney ~ (202) 326-3224 April 24, 1998 Mr. Michael Lovern, Sr. President TRIAL MANAGEMENT ASSOCIATES, INC. 8972 Quioccasin Road - Suite 172 Richmond, Virginia 23229 Dear Mr. Lovern: David Medine asked me to respond to your Fax transmission of December 26, 1997, requesting our views concerning the legality under the Fair Credit Reporting Act (FCRA) of a credit bureau report of an account that has been discharged in bankruptcy as "charged off as bad debt." We acknowledge receipt of your request, pursuant to the Commission procedure set forth in 16 C.F.R. '2.2(a), for an investigation of the credit bureau. Section 607(b) of the FCRA requires credit bureaus "to follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates." In our view, it is not a reasonable procedure to label an account that has been discharged in bankruptcy as "charged off as bad debt" if the account was open and not charged off when the consumer filed bankruptcy. Such a designation would be inaccurate or misleading, because it would indicate that the creditor had written off the account at the time of bankruptcy when it had not in fact done so. Thank you for the information and documentation you submitted to us in connection with your request that we investigate this credit bureau''s practices. As you may know, it is Commission policy not to comment on the status or existence of any nonpublic investigation. The opinions set forth in this informal staff letter are not binding on the Commission. Sincerely yours, Clarke W. Brinckerhoff cc: David Medine Jay Shaffer © 1999 Federal Trade Commission
Thank you Butch. I've had the same problem with Bank of America link to FTC complaint form https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01
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