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.

Florida 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 if certain requirements are met, including good faith attempts to resolve with the merchant.

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

  Regulation Z implementation of FCBA that details specific procedures for billing error notices, creditor responses, and time limits for resolution. Defines what constitutes a billing error.

• Florida Statute § 501.201 - Florida Deceptive and Unfair Trade Practices Act (Florida Statute § 501.201)

  Provides additional state-level consumer protections against unfair billing practices and can be applied alongside federal FCBA protections for Florida residents.

• Florida Statute § 516.31 - Consumer Finance Act (Florida Statute § 516.31)

  Regulates consumer finance transactions in Florida and provides additional protections regarding billing practices for loans and credit extended to Florida consumers.

• Florida Statute § 559.55 - Florida Consumer Collection Practices Act (Florida Statute § 559.55)

  Provides protections against abusive debt collection practices related to disputed bills, complementing federal FCBA protections for Florida residents.

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

  Establishes error resolution procedures for electronic fund transfers that may be relevant when credit accounts are paid electronically, providing complementary protections to FCBA.

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

  Prohibits unfair or deceptive practices in commerce, providing additional federal protection against unfair billing practices beyond the specific FCBA provisions.

• Florida Statute § 501.0117 - Credit Card Surcharges (Florida Statute § 501.0117)

  Regulates how merchants can impose surcharges for credit card use in Florida, which may be relevant to disputed charges on credit card statements.

• Florida Statute § 668.50 - Uniform Electronic Transaction Act (Florida Statute § 668.50)

  Governs electronic records and signatures in Florida, which may be relevant when submitting FCBA disputes electronically or disputing electronic transactions.

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

  Establishes disclosure requirements for credit card issuers, including information that must be provided on periodic statements that may be subject to FCBA disputes.

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

  Sets forth requirements for how creditors must disclose terms and billing information, which is relevant to determining if a billing error has occurred under FCBA.

• Florida Statute § 501.142 - Retail Sales Establishments (Florida Statute § 501.142)

  Regulates refund policies in Florida, which may be relevant when disputing charges for returned merchandise under FCBA.

• 15 U.S.C. § 1681s-2 - Fair Credit Reporting Act Responsibilities (15 U.S.C. § 1681s-2)

  Establishes duties of furnishers of information to credit reporting agencies, including the duty to correct and update information, which complements FCBA protections.

• Florida Statute § 627.736 - PIP Insurance Coverage (Florida Statute § 627.736)

  Establishes requirements for payment of medical bills under Florida's Personal Injury Protection insurance, which may be relevant when disputing medical billing errors.

• 15 U.S.C. § 1692 - Fair Debt Collection Practices Act (15 U.S.C. § 1692)

  Provides protections against abusive debt collection practices, which may apply when disputed amounts under FCBA are sent to collections.

• Florida Statute § 501.171 - Security of Confidential Personal Information (Florida Statute § 501.171)

  Establishes requirements for protection of personal information, which may be relevant when submitting personal information as part of an FCBA dispute in Florida.

• 12 C.F.R. § 1026.12 - Special Credit Card Provisions (12 C.F.R. § 1026.12)

  Establishes special rules for credit cards, including liability limitations for unauthorized use, which may be relevant in FCBA disputes involving unauthorized charges.

• Florida Statute § 817.62 - Fraud by Credit Card (Florida Statute § 817.62)

  Criminalizes fraudulent use of credit cards in Florida, which may be relevant in FCBA disputes involving unauthorized or fraudulent charges.