Can Affirm report late payments while a dispute is under review?

No. Under Regulation Z, 12 C.F.R. § 1026.13(d)(2), a creditor or its agent may not directly or indirectly make an adverse credit report regarding the disputed amount until the creditor has fulfilled all statutory dispute investigation requirements.

What are Affirm's duties as a data furnisher under FCRA?

Under 15 U.S.C. § 1681s-2(b), upon receiving notice of a dispute from a consumer reporting agency, furnishers must conduct an investigation, review all relevant information provided by the consumer, and report results to the bureaus.

CREDIT REPORTING DISPUTE GUIDE

Affirm Credit Reporting Disputes: How to Remove Erroneous Delinquencies Under FCRA & Reg Z

Authored by Charles W. Kinslow IV, J.D., C.P.A. • Statutory Authority: FCRA § 623 & 12 C.F.R. § 1026.13

Statutory Rule: When an installment lender reports an account as delinquent while a bona fide billing dispute or returned merchandise claim remains open, the reporting violates both Regulation Z (12 C.F.R. § 1026.13(d)(2)) and the Fair Credit Reporting Act (15 U.S.C. § 1681s-2).

The Statutory Shield Against Adverse Credit Reporting

Federal law provides consumers with an absolute shield against derogatory credit reporting during a pending billing error dispute:

"A creditor or its agent may not, directly or indirectly, make an adverse credit report or report that an amount or account is delinquent to any person because the consumer fails to pay the disputed amount or related charges until the creditor has fulfilled the requirements of this section."
— 12 C.F.R. § 1026.13(d)(2) (Regulation Z)

Step 1: Direct Furnisher Dispute Letter (Send to Affirm)

Send a direct statutory dispute notice via Certified Mail to Affirm's Credit Furnishing Department:

NOTICE OF DIRECT DISPUTE UNDER FCRA § 623 & REGULATION Z
To: Affirm, Inc. Credit Reporting / Compliance Division
650 California St, 12th Floor, San Francisco, CA 94108
Re: Inaccurate Credit Reporting on Loan ID #[LOAN_ID]

Dear Compliance Team:
I am disputing inaccurate derogatory information furnished to Experian, TransUnion, and Equifax regarding the above-referenced loan.

1. STATUTORY VIOLATION: A formal billing error dispute was timely initiated regarding returned merchandise delivered on [DATE] (Carrier Tracking #[TRACKING]).
2. UNLAWFUL ADVERSE REPORTING: Under 12 C.F.R. § 1026.13(d)(2), adverse reporting during a pending dispute is strictly prohibited.
3. DEMAND: Conduct a reasonable investigation under 15 U.S.C. § 1681s-2(a)(8) and immediately delete or update all derogatory reporting to 'Account in Good Standing / In Dispute'.

Failure to cure within 30 days will be escalated to the CFPB and state regulatory bodies.

Step 2: Submit Bureau Dispute Packages

Submit formal dispute packages to all three nationwide credit reporting agencies (CRAs) including:

Copy of the direct dispute letter sent to Affirm.
Carrier tracking proof of delivery for the returned purchase.
Copies of CFPB complaint acknowledgments showing active dispute status.

Affirm Credit Reporting Disputes: How to Remove Erroneous Delinquencies Under FCRA & Reg Z

The Statutory Shield Against Adverse Credit Reporting

Step 1: Direct Furnisher Dispute Letter (Send to Affirm)

Step 2: Submit Bureau Dispute Packages

Certified Legal Records & Exhibits