Fair Credit Billing Act

Credit billing errors do occur, but they are easy to resolve if you know how to use the Fair Credit Billing Act (FCBA).

Which Credit Transactions are Covered?

The FCBA generally applies only to "open end" credit accounts. Open end accounts include credit cards, revolving charge accounts (such as department store accounts), and overdraft checking. The periodic bills, or billing statements, you receive (usually monthly) for such accounts are covered by the FCBA. The Act does not apply to a loan or credit sales which is paid according to a fixed schedule until the entire amount is paid back.

What Types of Disputes are Covered?

The FCBA settlement procedure applies only to disputes over "billing errors" on periodic statements, such as the following:

• Charges not made by you or anyone authorized to use your account.

• Charges which are incorrectly identified or for which the wrong amount or date
  is shown.

• Charges for goods and services you did not accept or which were not delivered as agreed.

• Computational or similar errors.

• Failure to properly reflect payments or other credits, such as returns.

• Not mailing or delivering bills to your current address (provided you give a change of address at least 20 days before the billing period ends).

• Charges of which you request an explanation or written proof of purchase.

How to Use the Settlement Procedure

To be protected under the law, you must send a separate written billing error notice to the creditor. Your notice must reach the creditor within 60 days after the first bill containing the error was mailed to you. Send the notice to the address provided on the bill for billing error notices. In your letter, you must include the following information:

• Your name and account number.

• A statement that you believe the bill contains a billing error and the
  dollar amount involved.

• The reasons why you believe there is a mistake.

It's a good idea to send it by certified mail, with a return receipt requested. That way you'll have proof of the dates of mailing and receipt. If you wish, send photocopies of sales slips or other documents, but keep the original for your records.

What Must the Creditor Do?

Your letter claiming a billing error must be acknowledged by the creditor in writing within 30 days after it is received, unless the problem is resolved within that period. In any case, within two billing cycles (but not more than 90 days), the creditor must conduct a reasonable investigation and either correct the mistake or explain why the bill is believed to be correct.

What Happens While a Bill is Being Disputed?

You may withhold payment of the amount in dispute, including the affected portions of minimum payments and finance charges, until the dispute is resolved. You are still required to pay any part of the bill which is not disputed, including finance and other charges on undisputed amounts.

While the FCBA dispute settlement procedure is going on, the creditor may not take any legal or other action to collect the amount in dispute.

What About Your Credit Rating?

While a bill is being disputed, the creditor may not threaten to damage your credit rating or report you as delinquent to anyone. However, the creditor is permitted to report that you are disputing your bill.

If the Creditor Makes a Mistake

If your bill is found to contain a billing error, the creditor must write you explaining the corrections to be made on your account. In addition to crediting your account with the amount not owed, the creditor must remove all finance charges, late fees, or other charges relating to that amount.

If the Bill is Correct

If the creditor investigates and still believes the bill is correct, you must be told promptly in writing how much you owe and why. You may also ask for copies of relevant documents. At this point, you will owe the disputed amount, plus any finance charges that accumulated while it was disputed.

If You Still Disagree

Even after the FCBA dispute settlement procedure has ended, you may still feel the bill is wrong. If this happens, write the creditor within 10 days after receiving the explanation and say you still refuse to pay the disputed amount. At this point, the creditor may begin collection procedures. However, if the creditor reports you to a credit bureau as delinquent, he must also state that you don't think you owe the money. Also, you must be told who receives such reports.

If the Creditor Doesn't Follow the Procedures

Any creditor who fails to follow the FCBA dispute settlement procedure may not collect the amount in dispute, or any finance charges on it, up to $50, even if the bill turns out to be correct. For example, this penalty would apply if a creditor acknowledges your complaint in 45 days (15 days too late) or takes more than two billing cycles to resolve a dispute. It also applies if a creditor threatens to report - or goes ahead and improperly reports - your nonpayments to anyone. You also have the right, as more fully described below, to sue a creditor for any violations of the FCBA.

Other Billing Rights for Consumers

The FCBA also requires "open end" creditors to do the following for their customers:

• Give you a written notice when you open a new account, and at other specified times, describing your right to dispute billing errors.

• Provide a statement for each billing period in which you owe - or they owe you - more than $1.00.

• Mail or deliver your bill to you at least 14 days before the payment is due, if you are given a time period within which to pay the bill without incurring additional finance or other charges.

• Credit all payments to your accounts as of the date they are received, unless not doing so would not result in extra charges.

• Promptly credit or refund overpayments.

For more information contact the Federal Trade Commission.

The above information should be understood to be a general discussion of the subject matter and DOES NOT constitute a legal opinion about the situation. For further information please consult a qualified attorney.

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