Product: Credit reporting or other personal consumer reports

XXXX XXXX XXXX is reporting a late payment related to personal loan associated with a vehicle title lean or loan. The missing loan payment occured during the XXXX pandemic. Therefore XXXX XXXX is in violation of the CARES Act by reporting this XXXX late payment and by not deferring or waiving payment pursuant : CARES Act Amendment to the FCRA Section 4021 of the CARES Act modifies 15 U.S.C. 1681s-2 ( a ) ( 1 ) of the FCRA by adding subsection ( F ). Section 1681s-2 ( a ) ( 1 ) ( F ) provides : ( F ) Reporting information during COVID-19 pandemic. 

( i ) Definitions. In this subsection : ( I ) Accommodation. The term accommodation includes an agreement to defer XXXX or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus XXXX XXXX ( XXXX ) pandemic during the covered period. 
( II ) Covered period. The term covered period means the period beginning on XX/XX/XXXX and ending on the later of ( aa ) 120 days after the date of enactment of this subparagraph [ enacted XX/XX/XXXX ] ; or ( XXXX ) 120 days after the date on which the national emergency concerning the novel coronavirus XXXX ( XXXX ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) terminates.

( ii ) Reporting. Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make XXXX or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( II ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current.

( iii ) Exception. Clause ( ii ) shall not apply with respect to a credit obligation or account of a consumer that has been charged-off.

In light of this amendment, furnishers can not report any specific type of accommodation reached with a consumer. Rather, for consumers whose accounts were current, and where they have been given an accommodation and have complied with the same, their account should continue to be reported as current. For consumers whose accounts were delinquent, and where they have been given an accommodation and have complied with the same, their account should still be reported as delinquent, unless they make it current.

The CARES Act defines accommodation as an agreement to defer 1 or more payments, make partial payments, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus XXXX XXXX ( COVID-19 ) pandemic. As discussed below, this would include virtually any type of change made to the terms of the contractual payments, including for consumers who are not in default. 

The relevant time period for the new reporting requirement is XX/XX/XXXX until the later of 120 days after either ( XXXX ) the date the XXXX XXXX was enacted ( XX/XX/XXXX ) or ( XXXX ) the date when the national emergency is terminated. Therefore, creditors should assume that this temporary reporting requirement will be in effect for most, if not all, of XXXX. 

Essentially, the intent of the amendment appears to be to ensure that consumers credit reporting is the same or better during the pandemic and, less directly, to encourage accommodations for consumers who are impacted by the pandemic without any adverse credit impacts.