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 Mexico 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 - Limits on Interest Rate Increases (15 U.S.C. § 1666i-1)

  Restricts creditors from increasing interest rates on existing balances except under specific circumstances, providing protection during billing disputes.

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

  Implements the FCBA's billing error resolution procedures, detailing the specific steps creditors must follow when handling disputes and the timeline for resolution.

• New Mexico Unfair Practices Act (N.M. Stat. Ann. § 57-12-1 et seq.)

  Prohibits unfair, deceptive, or unconscionable trade practices, including in billing and credit disputes. Provides additional state-level protections for consumers disputing credit billing errors.

• New Mexico Collection Agency Regulatory Act (N.M. Stat. Ann. § 61-18A-1 et seq.)

  Regulates debt collection practices in New Mexico, providing additional protections for consumers with disputed debts that may be sent to collections during billing disputes.

• New Mexico Statute of Limitations on Debt (N.M. Stat. Ann. § 37-1-3)

  Sets a six-year limitation period for actions on written contracts, including credit agreements, which may affect the timeframe for disputing certain billing errors.

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

  Establishes error resolution procedures for electronic fund transfers, which may be relevant if the disputed billing involves electronic payments.

• New Mexico Electronic Fund Transfer Act (N.M. Stat. Ann. § 58-16-1 et seq.)

  Provides state-level protections for electronic fund transfers, complementing federal protections for disputes involving electronic payments.

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

  Requires creditors to provide specific disclosures for open-end credit plans, including procedures for resolving billing errors, which must be referenced in dispute forms.

• New Mexico Service of Process Requirements (N.M. R. Civ. P. 1-004)

  Establishes requirements for proper service of legal notices, which may apply to formal billing disputes if they escalate to legal proceedings.

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

  Prohibits abusive debt collection practices and provides consumers with dispute rights, which may be relevant if disputed bills are sent to collections.

• New Mexico Consumer Protection Division Authority (N.M. Stat. Ann. § 57-12-15)

  Grants the New Mexico Attorney General's Consumer Protection Division authority to enforce consumer protection laws, including those related to billing disputes.

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

  Establishes requirements for clear and conspicuous disclosures in credit agreements, including information about billing dispute rights.

• New Mexico Small Claims Court Jurisdiction (N.M. Stat. Ann. § 34-8A-3)

  Establishes jurisdiction for small claims court in New Mexico, which may be a venue for resolving unresolved billing disputes under $10,000.

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

  Prohibits unfair or deceptive practices in commerce, providing additional federal protection for consumers in billing disputes.

• New Mexico Uniform Commercial Code - Payments (N.M. Stat. Ann. § 55-4-101 et seq.)

  Governs payment obligations and disputes related to commercial transactions, which may be relevant to certain billing disputes.

• 15 U.S.C. § 1643 - Liability for Unauthorized Use (15 U.S.C. § 1643)

  Limits consumer liability for unauthorized credit card use to $50, which is often a basis for billing disputes.

• New Mexico Mediation Procedures Act (N.M. Stat. Ann. § 44-7B-1 et seq.)

  Establishes procedures for mediation in New Mexico, which may be an alternative dispute resolution method for unresolved billing disputes.

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

  Provides special protections for credit card users, including dispute rights for purchases with quality issues or non-delivery of goods.