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.

Texas 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.

• Texas Finance Code § 301.002 - Interest Definitions (Texas Finance Code § 301.002)

  Defines interest and credit terms under Texas law that may apply to disputed amounts and how interest can be calculated during dispute resolution periods.

• Texas Finance Code § 392.304 - Fraudulent, Deceptive, or Misleading Representations (Texas Finance Code § 392.304)

  Prohibits debt collectors from using fraudulent, deceptive, or misleading representations when collecting disputed debts, including misrepresenting the character, extent, or amount of consumer debt.

• Texas Business & Commerce Code § 17.46 - Deceptive Trade Practices (Texas Business & Commerce Code § 17.46)

  Texas Deceptive Trade Practices Act provisions that protect consumers from false, misleading, or deceptive billing practices by businesses, which can be cited in billing disputes.

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

  Electronic Fund Transfer Act provisions for error resolution procedures that may apply to electronic payments related to disputed credit card charges.

• Texas Finance Code § 392.403 - Civil Remedies (Texas Finance Code § 392.403)

  Provides Texas consumers with civil remedies against debt collectors who violate the Texas Debt Collection Act in relation to disputed billing amounts.

• 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 claims.

• Texas Civil Practice & Remedies Code § 38.001 - Attorney's Fees (Texas Civil Practice & Remedies Code § 38.001)

  Allows recovery of reasonable attorney's fees in certain civil actions in Texas, which may apply to litigation arising from unresolved billing disputes.

• 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.

• Texas Finance Code § 345.351 - Retail Installment Contract (Texas Finance Code § 345.351)

  Governs retail installment contracts in Texas and may apply to disputed charges made under such contracts, including disclosure requirements.

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

  Federal Trade Commission Act prohibition against unfair or deceptive practices that may apply to creditors' handling of billing disputes.

• Texas Utilities Code § 17.151 - Prohibited Billing Practices (Texas Utilities Code § 17.151)

  Prohibits certain billing practices by utility providers in Texas, which may be relevant for utility billing disputes filed under FCBA principles.

• 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 correct and update inaccurate information, which applies to creditors reporting on disputed accounts.

• Texas Insurance Code § 1301.137 - Billing by Providers (Texas Insurance Code § 1301.137)

  Regulates billing practices by healthcare providers in Texas, which may be relevant for medical billing disputes submitted via FCBA dispute mechanisms.

• 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 those related to billing error resolution procedures.

• Texas Finance Code § 392.202 - Collection Letters (Texas Finance Code § 392.202)

  Regulates the content of collection letters in Texas, which may apply to communications about disputed amounts during the FCBA dispute resolution process.

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

  Fair Debt Collection Practices Act prohibition against false or misleading representations by debt collectors, which applies to collection activities on disputed debts.