15 U.S.C. § 1666a
Regulation of credit reports
After receiving a notice from an obligor as provided in section 1666(a) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligor’s credit rating or credit standing because of the obligor’s failure to pay the amount indicated by the obligor under section 1666(a)(2) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days (not less than ten) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts.
If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection (a) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666(a)(2) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency.
A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection (b) to the parties to whom such delinquencies were initially reported.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1984–2023 · leading case: Oscar S. Gray v. Am. Express Co., 743 F.2d 10 (D.C. Cir. 1984).
Oscar S. Gray v. Am. Express Co., 743 F.2d 10 (D.C. Cir. 1984). “Third, the card issuer may not report, or threaten to report, adversely on the cardholder’s credit before the card issuer has discharged its obligations under § 1666, 15 U.S.C. § 1666a(a), and, if the cardholder continues to dispute the bill in timely fashion, the card issuer…”
Lyon v. Chase Bank USA, N.A., 656 F.3d 877 (9th Cir. 2011). “” 15 U.S.C. § 1666a(a). If a creditor fails to comply with any of these provisions, it is subject to civil liability under 15 U.”
Belmont v. Assocs. Nat'l Bank (Delaware), 119 F. Supp. 2d 149 (E.D.N.Y 2000). “(3) Peter Belmont also claims that Associates violated 15 U.S.C. § 1666a(a) and 12 C.F.R. § 226.”
Burnstein v. Saks Fifth Avenue & Co., 208 F. Supp. 2d 765 (E.D. Mich. 2002). “15 U.S.C. § 1666a(a); see also 12 C.F.R. § 226.”
Kurz v. Chase Manhattan Bank, 273 F. Supp. 2d 474 (S.D.N.Y. 2003). “Section 1666(e) specifically governs the noncompliance of the creditor with the specified procedure for correcting billing errors: *478 Any creditor who fails to comply with the requirements of this section or section 162 (15 U.S.C. § 1666a) forfeits any right to collect from…”
Saunders v. Ameritrust of Cincinnati, 587 F. Supp. 896 (S.D. Ohio 1984). “§ 1666 (b)(6), and a violation of 15 U.S.C. § 1666a. Plaintiff reads these sections as imposing a duty on a creditor to transmit periodic statements to an obligor if it continues to report an account as delinquent once such an account has been paid in full.”
Doyle v. Household Credit Servs., Inc., 844 F. Supp. 13 (D. Me. 1994). “COUNT I Defendant’s primary contention is that Plaintiffs claim is not encompassed by sections 162 and 130 of the Federal Consumer Credit Protection Act, 1 15 U.S.C. §§ 1666a, 1640. A review of these sections confirms this assertion.”
Anhar v. Citibank, N.A. (E.D. Cal. 2019). “Claims 22-25 26 In claims 22 through 25, Plaintiff alleges that Defendant violated 15 U.S.C. § 1666a(a) 27 and (b), which provide, 28 (a) Reports by creditor on obligor’s failure to pay amount regarded as billing 1 error After receiving a notice from an obligor as provided in…”
Harvey v. Checkered Flag Auto. (E.D. Va. 2022). “Next, Plaintiff alleges that Defendants violated 15 U.S.C. § 1666a, by failing to provide copies of documentary evidence of his indebtedness.”
Moore v. Bank of Am. N.A., 245 F. App'x 613 (9th Cir. 2007). “The parties eventually settled the matter out of court, with an agreement that provided that “[sjolely for the purpose of deciding Moore’s claim for reimbursement of attorneys’ fees, BofA agrees that Moore is deemed to be the prevailing party only on his claim against BofA…”
Vaughn v. Capital One Bank (usa) (E.D. Pa. 2023). “” 15 U.S.C. § 1666a(a). The Act prohibits a creditor from “directly or indirectly threaten[ing] to report to any person adversely on the obligor’s creditor rating or credit standing because of the obligor’s failure to pay the amount indicated by the obligor” in an obligor’s §…”
Ditech Holding Corp. (Bankr. S.D.N.Y. 2023). “On April 19, 2019, the Claimants filed an answer asserting “that Central Bank failed to negotiate in good faith” and counterclaims for breach of contract, fraud, violation of the Truth in Lending Act (TILA), 15 U.S.C. § 1666a, and the Kentucky Consumer Protection Act, Ky.”
— 15 U.S.C. § 1666a(a) — 7 cases
Lyon v. Chase Bank USA, N.A., 656 F.3d 877 (9th Cir. 2011). “” 15 U.S.C. § 1666a(a). If a creditor fails to comply with any of these provisions, it is subject to civil liability under 15 U.”
Oscar S. Gray v. Am. Express Co., 743 F.2d 10 (D.C. Cir. 1984). “Third, the card issuer may not report, or threaten to report, adversely on the cardholder’s credit before the card issuer has discharged its obligations under § 1666, 15 U.S.C. § 1666a(a), and, if the cardholder continues to dispute the bill in timely fashion, the card issuer…”
Belmont v. Assocs. Nat'l Bank (Delaware), 119 F. Supp. 2d 149 (E.D.N.Y 2000). “(3) Peter Belmont also claims that Associates violated 15 U.S.C. § 1666a(a) and 12 C.F.R. § 226.”
Burnstein v. Saks Fifth Avenue & Co., 208 F. Supp. 2d 765 (E.D. Mich. 2002). “15 U.S.C. § 1666a(a); see also 12 C.F.R. § 226.”
Anhar v. Citibank, N.A. (E.D. Cal. 2019). “Claims 22-25 26 In claims 22 through 25, Plaintiff alleges that Defendant violated 15 U.S.C. § 1666a(a) 27 and (b), which provide, 28 (a) Reports by creditor on obligor’s failure to pay amount regarded as billing 1 error After receiving a notice from an obligor as provided in…”
— 15 U.S.C. § 1666a(b) — 2 cases
Oscar S. Gray v. Am. Express Co., 743 F.2d 10 (D.C. Cir. 1984). “Third, the card issuer may not report, or threaten to report, adversely on the cardholder’s credit before the card issuer has discharged its obligations under § 1666, 15 U.S.C. § 1666a(a), and, if the cardholder continues to dispute the bill in timely fashion, the card issuer…”
Moore v. Bank of Am. N.A., 245 F. App'x 613 (9th Cir. 2007). “The parties eventually settled the matter out of court, with an agreement that provided that “[sjolely for the purpose of deciding Moore’s claim for reimbursement of attorneys’ fees, BofA agrees that Moore is deemed to be the prevailing party only on his claim against BofA…”
— 15 U.S.C. § 1666a(c) — 1 case
Oscar S. Gray v. Am. Express Co., 743 F.2d 10 (D.C. Cir. 1984). “Third, the card issuer may not report, or threaten to report, adversely on the cardholder’s credit before the card issuer has discharged its obligations under § 1666, 15 U.S.C. § 1666a(a), and, if the cardholder continues to dispute the bill in timely fashion, the card issuer…”
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