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.

South Carolina 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 report the dispute to credit bureaus if they report the account at all.

• 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.

• South Carolina Consumer Protection Code - S.C. Code Ann. § 37-5-202 (S.C. Code Ann. § 37-5-202)

  South Carolina's implementation of consumer credit protections that works alongside federal FCBA. Provides state-specific requirements for handling billing disputes and error resolution.

• South Carolina Unfair Trade Practices Act - S.C. Code Ann. § 39-5-10 (S.C. Code Ann. § 39-5-10)

  Prohibits unfair or deceptive practices in trade or commerce, which includes improper billing practices. Provides additional state remedies for consumers facing billing disputes.

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

  Requires creditors to provide specific disclosures regarding billing rights, including the right to dispute charges and withhold payment on disputed amounts while under investigation.

• South Carolina Debt Collection Practices - S.C. Code Ann. § 37-5-108 (S.C. Code Ann. § 37-5-108)

  Regulates debt collection practices in South Carolina, including how creditors may pursue collection on disputed amounts. Provides additional state protections during billing disputes.

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

  Part of the Electronic Fund Transfer Act that provides error resolution procedures for electronic transactions, which may apply to certain credit card transactions disputed under FCBA.

• South Carolina Electronic Fund Transfer Privacy Act - S.C. Code Ann. § 34-36-10 (S.C. Code Ann. § 34-36-10)

  State law governing electronic fund transfers that provides additional protections for South Carolina consumers disputing electronic billing errors.

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

  Federal Trade Commission Act provision prohibiting unfair or deceptive practices, which includes improper handling of billing disputes or failure to follow FCBA procedures.

• South Carolina Telephone Solicitation Act - S.C. Code Ann. § 16-17-445 (S.C. Code Ann. § 16-17-445)

  Regulates telephone solicitations and related billing practices, providing additional state protections for consumers disputing charges from telephone solicitations.

• 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, including disclosure of billing dispute rights that must be referenced in the dispute form.

• South Carolina Administrative Procedures Act - S.C. Code Ann. § 1-23-310 (S.C. Code Ann. § 1-23-310)

  Governs administrative procedures for state agencies handling consumer complaints, including those related to billing disputes that escalate beyond the creditor.

• 15 U.S.C. § 1691 - Equal Credit Opportunity Act (15 U.S.C. § 1691)

  Prohibits discrimination in credit transactions, including the handling of billing disputes. Dispute forms must be processed equally regardless of protected characteristics.

• South Carolina Human Affairs Law - S.C. Code Ann. § 1-13-10 (S.C. Code Ann. § 1-13-10)

  State anti-discrimination law that applies to credit transactions and billing dispute handling, providing additional protections against discriminatory practices.

• 15 U.S.C. § 1681s-2 - Fair Credit Reporting Act Responsibilities (15 U.S.C. § 1681s-2)

  Requires furnishers of information to credit bureaus to investigate disputes and correct inaccurate information, which applies to disputed billing amounts.

• South Carolina Financial Identity Fraud Act - S.C. Code Ann. § 16-13-510 (S.C. Code Ann. § 16-13-510)

  Provides protections against identity theft, which may be relevant in unauthorized charge disputes under FCBA. Establishes state procedures for handling fraudulent charges.

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

  Regulates third-party debt collectors' practices, including how they must handle disputed debts. Relevant when disputed bills are sent to collections.

• South Carolina Consumer Protection Code - Private Remedies - S.C. Code Ann. § 37-5-108 (S.C. Code Ann. § 37-5-108)

  Establishes private rights of action for South Carolina consumers facing violations of billing dispute procedures, providing state-specific remedies beyond federal law.