Under Section 623(a)(5) of the Fair Credit Reporting Act (15 U.S.C. § 1681s-2(a)(5)), any person who furnishes information to a consumer reporting agency regarding a delinquent account placed for collection, charged to profit or loss, or subjected to similar action must notify the agency of the date of delinquency on the account within 90 days of furnishing. The statute defines DOFD as the month and year of the commencement of the delinquency on the account that immediately preceded the collection or charge-off action. Under Section 605(c) (15 U.S.C. § 1681c(c)), the 7-year statutory obsolescence period for reporting delinquent accounts begins 180 days following that commencement date. Establishing an accurate DOFD ensures that negative trade lines automatically purge from consumer credit files after the statutory period. Manipulating or rolling forward the DOFD is known as unlawful debt re-aging.
Date of First Delinquency (DOFD)
The date of first delinquency (DOFD) is the month and year of the initial account delinquency immediately preceding placement for collection or charge-off that anchors the FCRA 7-year obsolete-information reporting window.
Operational Meaning & Core Elements
Statutory Framework & Jurisdictional Scope
This is a defined federal statutory concept under 15 U.S.C. § 1681s-2(a)(5) and § 1681c(c). It governs credit reporting on consumer accounts. DOFD does not determine a state's judicial statute of limitations for filing a lawsuit to collect a debt; state limitation periods depend on state contract law, cause-of-action accrual rules, and specific debt categories. Subsequent events—such as selling the debt to a buyer, assigning it to a new collection agency, or partial payments that do not bring the account completely current under the contract—do not legally advance or reset the DOFD for credit reporting obsolescence purposes.
Why It Matters for Debt Buyers, Creditors & Operators
DOFD is the chronological anchor of consumer credit reporting compliance. Accurate tracking of DOFD across account sales and agency assignments prevents illegal re-aging, which is a major enforcement focus of the CFPB and FTC. When debt buyers acquire charged-off portfolios, preserving the original DOFD provided by the originating creditor is essential for accurate Metro 2 reporting and audit defense.
Authoritative Primary Sources
Primary statutory texts, regulatory rules, and official agency guidance supporting this definition:
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