Product: Credit reporting or other personal consumer reports

XXXX. According to CFPB advisory opinion on XXXX XXXX XXXX, a consumer reporting agency 's policies and procedures must identify and prevent illogical reporting of a Date of First Delinquency in connection with an account [ XXXX ]. 
XXXX. The Date of First Delinquency ( DoFD ) is the date of default that leads to a charge-off. It is the first delinquency reported to a credit reporting agency by a furnisher that purportedly reflects the month and year on which the [ charge-off action ] being reported in connection with a consumers account commenced [ XXXX ]. 
3. Per Shelton v. Americredit Fin. Servs., Inc. [ 3 ] the DoFD may be extrapolated from the " Estimated month and year this item will be removed '' date by subtracting seven ( 7 ) years from said date. 
XXXX. TransUnion currently reports the estimated month and year this item will be removed '' date as XX/XX/XXXX for all accounts containing " XXXX XXXX XXXXXXXX '' or " XXXX XXXX XXXXXXXX '' and " XXXX XXXX XXXXXXXX ''. Subtracting XXXX years from this date gives a DoFD as XX/XX/XXXX. 
XXXX. XX/XX/XXXX is neither a date that precedes a charge-off with a thirty-day delinquency, nor a date corresponding to the an initial default date ( 30 day late ) in a sequence of late payment ratings leading to any alleged charge-of reported for any account containing containing " XXXX XXXX XXXXXXXX '' or " XXXX XXXX XXXXXXXX '' or " XXXX XXXX XXXXXXXX ''. 
XXXX. Under the CFPB advisory opinion [ 4 ] the DoFD currently reported by TransUnion is considered " illogical '' because the Date of First Delinquency reported for these accounts does not match the payment history. [ 4 ] [ 5 ] In fact the payment history for the accounts containing " XXXX XXXX XXXXXXXX '' or " XXXX XXXX XXXXXXXX '' or " XXXX XXXX XXXXXXXX '' was removed during a prior investigation because TransUnion found the data was inaccuarte or materially misleading. 
XXXX. Moreover the XXXX currently reported corresponds to a month for which all accounts containing " XXXX XXXX XXXXXXXX '' and " XXXX XXXX XXXXXXXX '' and " XXXX XXXX XXXXXXXX '' were deferred [ 6 ] 8. The C/O payment ratings for the months XX/XX/XXXX through present are inaccurate or materially misleading and as such must be removed. Any and all derogatory status indicators must be removed for this account. 


Footnotes : [ 1 ] See Bureau of Consumer Financial Protection, Fair Credit Reporting ; XXXX XXXX XXXX, 87 FR 64689 ( 2022 ) ; [ 2 ] See supra 1 at 64691 ; XXXX itself provides a definition of the DoFD as follows If you missed three payments in a row, your account would be reported 90 days late. The seven-year period would begin with the first payment you missed in that series. All three payments would be deleted seven years from that date. The date of the first missed payment in the 90-day series is called the " original delinquency date, '' or sometimes the " date of first delinquency. '' ( XXXX, " How to Determine an Original Delinquency Date '' by XXXX XXXX ( XX/XX/XXXX ) XXXX XXXX XXXX  ) [ 3 ] See Shelton v. Americredit Fin. Servs., Inc. , No. 23-10543 ( 2023 ) [ 4 ] From supra 1 at XXXX A consumer reporting agencys policies and procedures should further identify and prevent illogical reporting of a Date of First Delinquency in connection with an account, [ including ] [ a ] Date of First Delinquency reported for an account whose records reflect no delinquency, such as through [ an account with no payment history ]. '' [ 5 ] Cf. Consent Order at 3XXXX, In re XXXX XXXX XXXX, XXXX ( XX/XX/XXXX ) ( Respondent furnished account data showing that the consumer account was current, such as reporting {$0.00} amount overdue or full payments made timely each month, but then also furnished a [ Date of First Delinquency ], a field that inaccurately indicated that the account was in an ongoing delinquency. ) ; Consent Order at XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX, XXXX ) ( alleging XXXX violated FCRA 623 ( a ) ( 1 ) ( A ) by inaccurately furnishing internally inconsistent data, including reporting [ Date of First Delinquencies ] for accounts that were current, paid in full ( and not delinquent immediately beforehand ), or previously delinquent but subsequently became current ). 
[ XXXX ] XXXX XXXX letter dated XXXX XX/XX/XXXXXXXX XXXX