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 Dakota 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.

• SDCL § 54-11-1 - South Dakota Deceptive Trade Practices (SDCL § 54-11-1)

  Prohibits deceptive acts or practices in the conduct of any trade or commerce, which can apply to unfair billing practices by creditors in South Dakota.

• SDCL § 37-24-6 - Deceptive Acts or Practices (SDCL § 37-24-6)

  Defines specific deceptive acts or practices that are unlawful in South Dakota, which can include misrepresentations in billing statements or charging for services not provided.

• SDCL § 54-3-1 - Good Faith Obligation (SDCL § 54-3-1)

  Requires good faith in the performance of all contracts and duties, which applies to credit agreements and billing dispute resolutions in South Dakota.

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

  Part of the Electronic Fund Transfer Act that establishes procedures for resolving errors in electronic fund transfers, which may be relevant for electronic payments related to credit accounts.

• SDCL § 54-11-4.1 - Private Right of Action (SDCL § 54-11-4.1)

  Provides South Dakota consumers with a private right of action against businesses that engage in deceptive trade practices, including deceptive billing practices.

• 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 acts or practices in commerce, which can be applied to unfair billing practices by creditors.

• SDCL § 54-4-60 - Credit Service Organizations (SDCL § 54-4-60)

  Regulates credit service organizations in South Dakota, which may be involved in helping consumers resolve credit disputes or improve credit records.

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

  Requires furnishers of information to credit bureaus to provide accurate information and investigate consumer disputes, which is relevant when billing disputes affect credit reporting.

• SDCL § 21-1-4.1 - Punitive Damages (SDCL § 21-1-4.1)

  Establishes standards for awarding punitive damages in South Dakota for willful, wanton or malicious conduct, which could apply in egregious billing dispute cases.

• 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 errors and dispute rights must be communicated to consumers.

• SDCL § 53-9-1 - Contracts Against Public Policy (SDCL § 53-9-1)

  Voids contracts that are contrary to public policy in South Dakota, which could apply to credit agreements with unfair dispute resolution terms.

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

  Fair Debt Collection Practices Act provision prohibiting false or misleading representations in debt collection, which may apply when disputed amounts are sent to collections.

• SDCL § 37-24-23 - Unconscionable Acts (SDCL § 37-24-23)

  Prohibits unconscionable acts or practices in South Dakota commerce, which can include unfair billing practices or dispute resolution procedures.

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

  Establishes requirements for disclosure statements for open-end credit plans, including procedures for resolving billing errors that must be included in these statements.

• SDCL § 37-24-31 - Limitation of Actions (SDCL § 37-24-31)

  Establishes a four-year statute of limitations for bringing actions under South Dakota's deceptive trade practices laws, which applies to billing dispute cases.

• 15 U.S.C. § 1640 - Civil Liability (15 U.S.C. § 1640)

  Establishes civil liability for creditors who fail to comply with FCBA requirements, including statutory damages, actual damages, and attorney's fees for successful plaintiffs.