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 York Requirements for Fair Credit Billing Act Dispute Form

• Fair Credit Billing Act - Dispute Rights (15 U.S.C. § 1666)

  Establishes the consumer's right to dispute billing errors on open-end credit accounts within 60 days of the statement containing the error. Creditors must acknowledge disputes within 30 days and resolve them within two billing cycles (not exceeding 90 days).

• Fair Credit Billing Act - Definition of Billing Error (15 U.S.C. § 1666(b))

  Defines billing errors to include unauthorized charges, charges with incorrect date or amount, failure to properly credit payments or returns, computational errors, failure to mail statements to current address, and charges for goods/services not accepted or delivered as agreed.

• Fair Credit Billing Act - Withholding Payment (15 U.S.C. § 1666(c))

  Permits consumers to withhold payment on the disputed amount and related charges during the investigation period without incurring finance charges or being reported as delinquent.

• Fair Credit Billing Act - Creditor Response Requirements (15 U.S.C. § 1666(a))

  Requires creditors to conduct reasonable investigations and either correct the billing error or explain why the bill is correct. Creditors must provide documentary evidence of the consumer's indebtedness if requested.

• Fair Credit Billing Act - Penalties for Non-Compliance (15 U.S.C. § 1640)

  Establishes creditor liability for failing to comply with FCBA requirements, including forfeiture of the disputed amount (up to $50) and finance charges, plus actual damages, statutory damages, and attorney's fees.

• Truth in Lending Act - Relationship to FCBA (15 U.S.C. § 1601 et seq.)

  The FCBA is an amendment to the Truth in Lending Act, which requires clear disclosure of credit terms and costs to consumers, including APR, finance charges, and payment information.

• Electronic Fund Transfer Act - Unauthorized Transfers (15 U.S.C. § 1693 et seq.)

  Provides protections for electronic payment disputes that may complement FCBA protections when credit card transactions involve electronic transfers.

• Regulation Z - Implementation of FCBA (12 C.F.R. § 226.13)

  The Federal Reserve Board's implementing regulation for FCBA that provides detailed requirements for dispute procedures, including the format and content of dispute notices.

• New York General Business Law - Consumer Protection (N.Y. Gen. Bus. Law § 349)

  Prohibits deceptive acts and practices in business, providing additional state-level protections for consumers disputing billing errors with creditors operating in New York.

• New York Personal Property Law - Retail Installment Sales (N.Y. Pers. Prop. Law § 401 et seq.)

  Regulates retail installment contracts and credit agreements in New York, providing additional protections for consumers regarding billing practices and dispute resolution.

• New York Banking Law - Licensed Lenders (N.Y. Banking Law § 340 et seq.)

  Regulates financial institutions in New York and provides additional requirements for handling consumer disputes and maintaining accurate billing records.

• New York Civil Practice Law - Statute of Limitations (N.Y. C.P.L.R. § 213)

  Establishes time limits for bringing legal actions related to billing disputes in New York, typically six years for written contracts and three years for statutory violations.

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

  Prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts, including disputed amounts under the FCBA.

• New York Debt Collection Procedures Law (N.Y. Gen. Bus. Law § 600 et seq.)

  Provides additional state-level protections against abusive debt collection practices for New York residents, including requirements for handling disputed debts.

• Equal Credit Opportunity Act - Non-Discrimination (15 U.S.C. § 1691 et seq.)

  Prohibits creditors from discriminating against credit applicants and requires equal treatment in resolving billing disputes regardless of race, color, religion, national origin, sex, marital status, or age.

• New York Human Rights Law - Credit Discrimination (N.Y. Exec. Law § 296-a)

  Prohibits discrimination in credit transactions in New York, providing additional protections ensuring fair treatment during billing dispute resolution.

• Fair Credit Reporting Act - Credit Reporting (15 U.S.C. § 1681 et seq.)

  Regulates how disputed debts can be reported to credit bureaus and provides consumers with rights to dispute inaccurate information on credit reports.

• New York Fair Credit Reporting Act (N.Y. Gen. Bus. Law § 380 et seq.)

  Provides additional state-level protections regarding credit reporting of disputed debts for New York residents.

• Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. § 5481 et seq.)

  Established the Consumer Financial Protection Bureau (CFPB), which has enforcement authority over the FCBA and can issue additional regulations and guidance on billing dispute procedures.

• New York Consumer Protection from Deceptive Acts and Practices (N.Y. Gen. Bus. Law § 350 et seq.)

  Provides broader consumer protections against unfair and deceptive business practices, including those related to billing and dispute resolution procedures.