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.

Maine 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.

• Maine MRSA Title 9-A § 8-303 - Maine Consumer Credit Code (Maine MRSA Title 9-A § 8-303)

  Maine's implementation of federal credit billing regulations that provides additional consumer protections for Maine residents regarding billing disputes and error resolution.

• Maine MRSA Title 9-A § 8-304 - Correction of Billing Errors (Maine MRSA Title 9-A § 8-304)

  State-specific requirements for Maine creditors to investigate and respond to billing error notices, which may include additional protections beyond federal requirements.

• Maine MRSA Title 9-A § 5-115 - Limitation on Default Charges (Maine MRSA Title 9-A § 5-115)

  Restricts creditors from imposing certain default charges during billing disputes, providing Maine consumers with additional financial protections during the dispute resolution process.

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

  Electronic Fund Transfer Act provisions that may apply to certain credit billing disputes involving electronic payments, establishing procedures for investigation and resolution.

• Maine MRSA Title 10 § 1113 - Maine Unfair Trade Practices Act (Maine MRSA Title 10 § 1113)

  Prohibits unfair and deceptive trade practices, which may include improper billing practices or failure to properly address billing disputes by creditors operating in Maine.

• 15 U.S.C. § 45 - Federal Trade Commission Act (15 U.S.C. § 45)

  Prohibits unfair or deceptive acts or practices in commerce, which includes improper billing practices and may provide additional federal protections during billing disputes.

• Maine MRSA Title 9-A § 8-506 - Consumer Rights Disclosure (Maine MRSA Title 9-A § 8-506)

  Requires specific disclosures to Maine consumers regarding their rights in billing disputes, including the right to withhold payment on disputed amounts.

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

  Federal requirements for clear and conspicuous disclosures in credit billing statements, which affect how disputes must be presented and processed.

• Maine MRSA Title 9-A § 8-204 - Liability of Financial Institutions (Maine MRSA Title 9-A § 8-204)

  Establishes liability limits for financial institutions in Maine regarding unauthorized charges and billing errors, potentially providing greater protections than federal law.

• 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 for successful claims.

• Maine MRSA Title 9-A § 8-208 - Civil Liability (Maine MRSA Title 9-A § 8-208)

  Maine-specific provisions for civil liability of creditors who fail to comply with state billing error resolution requirements, potentially providing enhanced remedies.

• 12 C.F.R. § 1026.6 - Account-Opening Disclosures (12 C.F.R. § 1026.6)

  Federal requirements for initial disclosures of billing rights that must be provided to consumers, affecting how disputes are handled and processed.

• Maine MRSA Title 9-A § 3-206 - Notice of Consumer's Right to Cure (Maine MRSA Title 9-A § 3-206)

  Requires creditors to provide Maine consumers with notice of right to cure defaults before taking certain actions, providing additional protections during billing disputes.

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

  Federal requirements for periodic statements and disclosures that affect how billing errors must be presented and how consumers can dispute them.

• Maine MRSA Title 9-A § 8-305 - Prompt Crediting of Payments (Maine MRSA Title 9-A § 8-305)

  Maine-specific requirements for creditors to promptly credit payments, which affects how payments made during billing disputes must be handled.

• 12 C.F.R. § 1026.9 - Subsequent Disclosure Requirements (12 C.F.R. § 1026.9)

  Federal requirements for providing periodic statements and change-in-terms notices that affect the timing and process of billing disputes.