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.

Wisconsin 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, and establishes procedures for asserting claims against card issuers.

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

  Implements the FCBA's billing error resolution procedures, including timeframes for consumer notices, creditor responses, and the conduct of investigations.

• Wisconsin Statute § 421.301 - Consumer Credit Transactions (Wis. Stat. § 421.301)

  Defines consumer credit transactions under Wisconsin law, which includes credit card transactions subject to FCBA dispute procedures.

• Wisconsin Statute § 422.306 - Receipts, Accounting, Evidence of Payment (Wis. Stat. § 422.306)

  Requires creditors to provide receipts and statements of account to consumers, which are essential documentation for FCBA disputes.

• Wisconsin Statute § 423.301 - False, Misleading, or Deceptive Advertising (Wis. Stat. § 423.301)

  Prohibits false or misleading statements in credit transactions, which can form the basis for FCBA disputes regarding misrepresented charges.

• Wisconsin Statute § 425.304 - Consumer's Remedies (Wis. Stat. § 425.304)

  Establishes remedies available to Wisconsin consumers for violations of consumer credit protection laws, which can supplement FCBA remedies.

• Wisconsin Statute § 426.110 - Class Actions (Wis. Stat. § 426.110)

  Allows for class action lawsuits for systematic violations of consumer credit laws, which may include widespread FCBA violations.

• Wisconsin Statute § 427.104 - Prohibited Practices (Wis. Stat. § 427.104)

  Prohibits debt collectors from using unfair, deceptive, or harassing practices when collecting disputed debts, providing additional protections during FCBA disputes.

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

  Establishes error resolution procedures for electronic fund transfers, which may be relevant for electronic payments related to credit accounts.

• Wisconsin Statute § 100.18 - Fraudulent Representations (Wis. Stat. § 100.18)

  Prohibits fraudulent representations in business transactions, providing state-level grounds for disputing fraudulent charges.

• Wisconsin Statute § 100.20 - Methods of Competition and Trade Practices (Wis. Stat. § 100.20)

  Regulates unfair methods of competition and unfair trade practices, which can support FCBA disputes related to unfair billing practices.

• Wisconsin Statute § 134.72 - Prohibition of Certain Unsolicited Messages (Wis. Stat. § 134.72)

  Regulates unsolicited communications that may result in unauthorized charges that could be disputed under the FCBA.

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

  Prohibits unfair or deceptive acts or practices in commerce, providing federal backing for disputes involving deceptive billing practices.

• Wisconsin Statute § 100.52 - Telephone Solicitations (Wis. Stat. § 100.52)

  Regulates telephone solicitations that may lead to disputed charges, providing state-specific protections relevant to FCBA disputes.

• Wisconsin Statute § 100.195 - Unfair Billing for Consumer Goods or Services (Wis. Stat. § 100.195)

  Specifically addresses unfair billing practices for consumer goods or services in Wisconsin, directly relevant to FCBA dispute forms.

• Wisconsin Statute § 100.54 - Notice of Unauthorized Use of Personal Identifying Information (Wis. Stat. § 100.54)

  Requires notification of unauthorized use of personal information, which may be relevant in FCBA disputes involving identity theft.

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

  Requires creditors to correct and update inaccurate information reported to credit bureaus, supporting the credit reporting protections in FCBA disputes.

• Wisconsin Statute § 995.50 - Right of Privacy (Wis. Stat. § 995.50)

  Establishes privacy rights that may be relevant in FCBA disputes involving unauthorized disclosures of financial information during the dispute process.