4.2.4.1.3 Documents generated later as part of a debt sale

A document generated by the originating creditor as part of a bulk transfer of data to a debt buyer is not a business record as to the nature of an individual consumer account.¹²⁸ The document is not kept in the regular course of business but is generated later by manipulating the creditor’s business records. Nor can the typical affiant, particularly one from a debt buyer, testify that the data was accurate, complete, or reliable.¹²⁹

One court has explained this in the following language:

[O]nce these original business records were disturbed, tossed into the computer to be culled, reorganized, restructured and restated, they lost the two critical elements of the business record hearsay exemption—the resulting special file for transfer no longer pertained to a regularly conducted activity of a business, and the source entries made to create these individual accounts within the transfer files were not made by persons with knowledge at the time of the acts in question.¹³⁰