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.

Colorado 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 the resolution of disputes to credit bureaus.

• 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 establishes procedures for asserting claims against card issuers.

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

  Implements the FCBA's billing error resolution procedures, including timeframes for consumer notices, creditor responses, and the conduct of investigations.

• Colorado Consumer Protection Act (C.R.S. § 6-1-101 et seq.)

  Prohibits deceptive trade practices in consumer transactions, including billing practices, and provides additional protections for Colorado consumers beyond federal requirements.

• Colorado Fair Debt Collection Practices Act (C.R.S. § 5-16-101 et seq.)

  Regulates debt collection practices in Colorado, including how disputed debts must be handled by collectors, providing additional protections during billing disputes.

• Colorado Consumer Credit Code (C.R.S. § 5-1-101 et seq.)

  Regulates consumer credit transactions in Colorado, including disclosure requirements and consumer rights related to billing and credit practices.

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

  Establishes requirements for disclosure of terms for open-end credit plans, including billing statements, which affects how errors must be presented and documented.

• 15 U.S.C. § 1693f - Error Resolution (15 U.S.C. § 1693f)

  Establishes procedures for resolving errors related to electronic fund transfers, which may be relevant for automatic payments related to credit accounts.

• Colorado Uniform Consumer Credit Code - Correction of Billing Errors (C.R.S. § 5-3-101 et seq.)

  Colorado's state-specific provisions for correction of billing errors that complement federal FCBA requirements.

• Colorado Medical Debt Collection Protections (C.R.S. § 6-20-201 et seq.)

  Provides specific protections for consumers disputing medical debts, including extended timeframes for disputes and additional documentation requirements.

• 15 U.S.C. § 45 - Unfair or Deceptive Acts or Practices (15 U.S.C. § 45)

  Prohibits unfair or deceptive acts or practices in commerce, which includes improper billing practices and failure to properly address billing disputes.

• Colorado Revised Statutes - Deceptive Trade Practices (C.R.S. § 6-1-105)

  Specifically prohibits misrepresentations in billing and collections, providing state-level enforcement mechanisms for improper billing practices.

• Colorado Identity Theft Laws (C.R.S. § 18-5-901 et seq.)

  Provides additional protections for consumers disputing fraudulent charges resulting from identity theft, including specific documentation requirements.

• 15 U.S.C. § 1681s-2 - Responsibilities of Furnishers of Information to Consumer Reporting Agencies (15 U.S.C. § 1681s-2)

  Requires creditors to investigate disputed information they've provided to credit bureaus and correct inaccurate information, which is relevant during billing disputes.

• Colorado Debt-Management Services Act (C.R.S. § 5-19-201 et seq.)

  Regulates debt management services in Colorado, which may be relevant for consumers seeking assistance with disputed bills and credit issues.

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

  Establishes requirements for how creditors must disclose terms and billing information, affecting how errors must be identified and documented in disputes.

• Colorado Uniform Electronic Transactions Act (C.R.S. § 24-71.3-101 et seq.)

  Governs electronic records and signatures in Colorado, which is relevant for electronic billing statements and dispute submissions.

• 15 U.S.C. § 1692e - False or Misleading Representations (15 U.S.C. § 1692e)

  Prohibits debt collectors from making false representations in connection with debt collection, including misrepresentations about disputed amounts.

• Colorado Statute of Limitations on Debt Collection (C.R.S. § 13-80-103.5)

  Establishes time limits for debt collection actions in Colorado, which may affect the timing of billing disputes and subsequent collection attempts.