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.

Indiana 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.

• Indiana Code § 24-4.5-2-202 - Credit Service Charge for Consumer Credit Sales (Indiana Code § 24-4.5-2-202)

  Regulates credit service charges in Indiana, which must be properly disclosed and calculated when resolving billing disputes under the FCBA.

• Indiana Code § 24-5-0.5 - Deceptive Consumer Sales Act (Indiana Code § 24-5-0.5)

  Prohibits deceptive acts in consumer transactions, which may be relevant when disputing charges that resulted from deceptive practices.

• Indiana Code § 24-4.5-5-202 - Effect of Violations on Rights of Parties (Indiana Code § 24-4.5-5-202)

  Establishes remedies for violations of Indiana's consumer credit laws, which may apply in conjunction with FCBA remedies.

• Indiana Code § 24-4.5-6-110 - Unconscionability (Indiana Code § 24-4.5-6-110)

  Allows courts to refuse to enforce unconscionable terms in credit agreements, which may be relevant in billing disputes.

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

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

• Indiana Code § 24-4.5-3-508 - Loan Finance Charge (Indiana Code § 24-4.5-3-508)

  Regulates loan finance charges in Indiana, which must be properly calculated and disclosed when resolving billing disputes.

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

  Requires disclosure of terms for open-end credit plans and establishes requirements for periodic statements, which are central to identifying billing errors.

• Indiana Code § 24-4.5-2-302 - Disclosure Requirements (Indiana Code § 24-4.5-2-302)

  Establishes disclosure requirements for consumer credit transactions in Indiana, which may be relevant when determining if a billing error occurred.

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

  Establishes creditor liability for failing to comply with FCBA requirements, including statutory damages, actual damages, and attorney's fees.

• Indiana Code § 24-4.5-5-108 - Unconscionable Terms and Practices (Indiana Code § 24-4.5-5-108)

  Prohibits unconscionable terms and practices in consumer credit transactions, which may be relevant in billing disputes.

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

  Establishes general requirements for disclosures in open-end credit transactions, which are essential for determining if proper disclosures were made related to disputed charges.

• Indiana Code § 24-4.5-1-106 - Good Faith (Indiana Code § 24-4.5-1-106)

  Requires good faith in the enforcement of rights and performance of duties under Indiana's consumer credit laws, which applies to creditors handling billing disputes.

• 15 U.S.C. § 1643 - Liability of Holder of Credit Card (15 U.S.C. § 1643)

  Limits cardholder liability for unauthorized use of credit cards to $50, which is relevant for disputes involving unauthorized charges.

• Indiana Code § 24-4.5-5-203 - Civil Liability for Violation (Indiana Code § 24-4.5-5-203)

  Establishes civil liability for violations of Indiana's consumer credit laws, providing state remedies that may supplement federal FCBA remedies.

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

  Establishes special provisions for credit cards, including requirements for handling claims and defenses, which may be relevant in billing disputes.

• Indiana Code § 24-4.5-6-111 - Statute of Limitations (Indiana Code § 24-4.5-6-111)

  Establishes the statute of limitations for actions under Indiana's consumer credit laws, which may affect the timing of disputes and related legal actions.