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.

New Hampshire 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 under federal law.

• N.H. Rev. Stat. § 358-A:2 - Unfair or Deceptive Acts or Practices (N.H. Rev. Stat. § 358-A:2)

  New Hampshire's Consumer Protection Act prohibits unfair or deceptive practices in commerce, which includes improper billing practices and failure to properly respond to billing disputes.

• N.H. Rev. Stat. § 358-A:4 - Private Right of Action (N.H. Rev. Stat. § 358-A:4)

  Provides New Hampshire consumers with a private right of action against businesses that engage in unfair or deceptive practices, including improper billing dispute handling, with potential recovery of actual damages, costs, and attorney's fees.

• N.H. Rev. Stat. § 399-D - Debt Adjustment Services (N.H. Rev. Stat. § 399-D)

  Regulates debt adjustment services in New Hampshire, which may be relevant if a consumer seeks third-party assistance with credit billing disputes.

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

  Part of the Electronic Fund Transfer Act that establishes error resolution procedures for electronic transactions, which may overlap with credit billing disputes involving electronic payments.

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

  Federal Trade Commission Act provision prohibiting unfair or deceptive practices, which provides additional federal protection for consumers in billing dispute situations.

• N.H. Rev. Stat. § 361-A - Regulation of Small Loans (N.H. Rev. Stat. § 361-A)

  New Hampshire law regulating small loans, which may be relevant to credit billing disputes involving certain types of consumer loans in the state.

• N.H. Rev. Stat. § 397-A - Mortgage Bankers and Brokers (N.H. Rev. Stat. § 397-A)

  Regulates mortgage lending in New Hampshire, which may be relevant to billing disputes involving mortgage statements or related credit accounts.

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

  Fair Debt Collection Practices Act provision prohibiting debt collectors from making false or misleading representations in connection with debt collection, including misrepresentations about disputed amounts.

• N.H. Rev. Stat. § 358-C - Unfair, Deceptive or Unreasonable Collection Practices (N.H. Rev. Stat. § 358-C)

  New Hampshire's debt collection law prohibiting unfair collection practices, which provides state-specific protections for consumers with disputed debts.

• 12 C.F.R. § 1022.43 - Direct Disputes to Consumer Reporting Agencies (12 C.F.R. § 1022.43)

  Federal regulation establishing procedures for consumers to dispute information directly with credit reporting agencies, which may be relevant if a billing dispute affects credit reports.

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

  Fair Credit Reporting Act provision requiring information furnishers (including creditors) to investigate consumer disputes and correct inaccurate information reported to credit bureaus.

• N.H. Rev. Stat. § 359-B - Consumer Credit Reporting (N.H. Rev. Stat. § 359-B)

  New Hampshire's credit reporting law, which provides additional state-specific protections regarding the reporting of disputed credit information.

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

  Regulation Z requirements for clear and conspicuous disclosures in credit agreements, which affect how billing disputes must be presented and explained to consumers.

• N.H. Rev. Stat. § 382-A:2-718 - Liquidation or Limitation of Damages (N.H. Rev. Stat. § 382-A:2-718)

  New Hampshire's Uniform Commercial Code provision regarding liquidated damages, which may be relevant to disputes involving charges for canceled services or contracts.

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

  Federal requirements for credit card issuers regarding disclosure of terms, billing statements, and grace periods, which affect the information available to consumers for identifying billing errors.

• N.H. Rev. Stat. § 359-C - Right to Privacy (N.H. Rev. Stat. § 359-C)

  New Hampshire's privacy law, which may affect how personal financial information is handled during billing dispute investigations.