Fair Credit Billing Act Dispute Form: Your Guide to Resolving Billing Errors

Introduction

Key Things to Know

1. 1

   You must submit your dispute within 60 days of the first bill containing the error—not from when you discovered the error.

2. 2

   Always send dispute forms via certified mail with return receipt requested and keep copies of all correspondence.

3. 3

   You can withhold payment on the disputed portion of your bill during the investigation, but you must pay any undisputed amounts.

4. 4

   Creditors must acknowledge your dispute within 30 days and resolve it within two billing cycles (maximum 90 days).

5. 5

   If you're disputing a credit card charge for goods or services, it's often helpful to also contact the merchant directly to try resolving the issue.

6. 6

   For medical billing disputes, request an itemized bill and explanation of benefits (EOB) from your insurance to help identify specific errors.

7. 7

   Utility billing disputes may also be addressed through your state's public utility commission if the company is unresponsive.

8. 8

   If your creditor violates FCBA procedures, they may forfeit the right to collect up to $50 of the disputed amount, even if the charge was correct.

Arkansas Requirements for Fair Credit Billing Act Dispute Form

• 15 U.S.C. § 1666 - Correction of Billing Errors (15 U.S.C. § 1666)

  Establishes the consumer's right to dispute billing errors and requires creditors to acknowledge disputes within 30 days and resolve them within 90 days. During investigation, consumers cannot be charged interest or penalties on disputed amounts.

• 15 U.S.C. § 1666a - Regulation of Credit Reports (15 U.S.C. § 1666a)

  Prohibits creditors from reporting disputed amounts as delinquent to credit bureaus while the dispute is under investigation. Creditors must also report when a dispute has been resolved in the consumer's favor.

• 15 U.S.C. § 1666i-1 - Rights of Credit Card Users (15 U.S.C. § 1666i-1)

  Provides consumers with the right to withhold payment on defective goods or services purchased with a credit card, and extends billing error protections to these situations.

• 12 C.F.R. § 1026.13 - Regulation Z Billing Error Resolution (12 C.F.R. § 1026.13)

  Implements the FCBA's billing error resolution procedures, including specific timeframes for creditor responses and requirements for written notices to consumers.

• Arkansas Code § 4-88-107 - Deceptive Trade Practices (Arkansas Code § 4-88-107)

  Prohibits deceptive and unconscionable trade practices in Arkansas, which can apply to unfair billing practices by creditors and supplement federal FCBA protections.

• Arkansas Code § 4-88-113 - Private Right of Action (Arkansas Code § 4-88-113)

  Provides Arkansas consumers with a private right of action against businesses that engage in deceptive trade practices, including improper billing practices.

• Arkansas Code § 4-88-204 - Consumer Protection Division (Arkansas Code § 4-88-204)

  Establishes the Consumer Protection Division within the Arkansas Attorney General's office, which can assist consumers with credit billing disputes when federal protections are insufficient.

• 15 U.S.C. § 1693f - Error Resolution for Electronic Fund Transfers (15 U.S.C. § 1693f)

  Provides error resolution procedures for electronic fund transfers that may be relevant when credit accounts are paid electronically.

• Arkansas Code § 4-110-105 - Security Breach Notification (Arkansas Code § 4-110-105)

  Requires notification to Arkansas consumers when their personal information has been compromised, which may be relevant in unauthorized charge disputes.

• 15 U.S.C. § 1601 - Truth in Lending Act Purpose (15 U.S.C. § 1601)

  Establishes the purpose of the Truth in Lending Act, which includes the FCBA, to ensure meaningful disclosure of credit terms to consumers.

• 12 C.F.R. § 1026.5 - General Disclosure Requirements (12 C.F.R. § 1026.5)

  Sets forth general requirements for disclosures related to open-end credit accounts, which affect how billing errors must be communicated to consumers.

• Arkansas Code § 4-86-109 - Credit Card Receipts (Arkansas Code § 4-86-109)

  Regulates information that can be included on credit card receipts in Arkansas, which may be relevant in disputes involving merchant errors.

• 15 U.S.C. § 45 - FTC Act Unfair Practices (15 U.S.C. § 45)

  Prohibits unfair or deceptive acts or practices in commerce, providing additional federal protection for consumers in billing disputes.

• Arkansas Code § 4-88-303 - Telephone Solicitations (Arkansas Code § 4-88-303)

  Regulates telephone solicitations in Arkansas, which may be relevant in disputes involving charges from telephone-based transactions.

• 15 U.S.C. § 1637 - Open End Consumer Credit Plans (15 U.S.C. § 1637)

  Establishes requirements for credit card issuers regarding statements, disclosures, and billing practices that affect the dispute resolution process.

• Arkansas Code § 4-107-204 - Electronic Records (Arkansas Code § 4-107-204)

  Governs the use of electronic records in Arkansas, which may affect how billing disputes are documented and processed.

• 12 C.F.R. § 1026.27 - Language of Disclosures (12 C.F.R. § 1026.27)

  Requires that disclosures, including those related to billing error resolution, be made clearly and conspicuously in a form consumers can understand.

• Arkansas Code § 16-22-308 - Attorney's Fees (Arkansas Code § 16-22-308)

  Allows for the recovery of attorney's fees in certain civil actions in Arkansas, which may be applicable in litigation arising from unresolved billing disputes.

• 15 U.S.C. § 1640 - Civil Liability (15 U.S.C. § 1640)

  Establishes civil liability for creditors who fail to comply with FCBA requirements, including statutory damages, actual damages, and attorney's fees.

• Arkansas Code § 16-56-105 - Statute of Limitations (Arkansas Code § 16-56-105)

  Sets a three-year statute of limitations for actions based on contract or liability in Arkansas, which affects the timeframe for bringing legal action related to billing disputes.