If you have ever received your credit card statement and found an error, you know how frustrating it can be. You either call the credit card company and they say you need to talk to the merchant. You call the merchant and they tell you to call the credit card company. Eventually, you might just pay the charge to make the problem go away and keep from paying interest on a purchase you didn’t make or one you returned.
Today, the Fair Credit Billing Act makes sure that you don’t have to pay for something you didn’t buy. But the act also covers other billing errors that you should not have to be responsible for. This includes the billing for an item you returned or an item you never received or accepted. It also applies to billing that has the wrong date or amount of purchase. And if the credit card issuer makes a math mistake, you are covered as well. Finally, if the credit card company fails to send your statement to your current address, as long as they have been notified of this address in writing, the Fair Credit Billing Act will help you with the interest charged in the meantime.
Basically, any item on your bill that you want explained or that you don’t recognize can be taken as a billing error under the new law. But in order to get the credit card company to take action under this law, you must notify them in writing of the error within sixty days of the issue date on your bill. Do not fax, email, or phone your complaint in. You must send a letter through US mail.
In your letter, describe the problem as succinctly as possible. Avoid venting about how ridiculous the whole situation is. Simply state the facts, list your contact information, credit card number or account number, and sign and date the letter. Send it to the address for billing inquiries, and if possible, send it by certified mail. You will be notified when your letter is received.
The credit card company must investigate your complaint and respond to you either with a refund or an explanation of why the charges are correct within two billing cycles, or ninety days.
The law applies to "open end" credit accounts, such as credit cards, and revolving charge accounts - such as department store accounts. It does not cover installment contracts - loans or extensions of credit you repay on a fixed schedule. Consumers often buy cars, furniture and major appliances on an installment basis, and repay personal loans in installments as well.
What types of disputes are covered?
The FCBA settlement procedures apply only to disputes about "billing errors." For example: - unauthorized charges. Federal law limits your responsibility for unauthorized charges to $50; - charges that list the wrong date or amount; - charges for goods and services you didn't accept or weren't delivered as agreed; - math errors; - failure to post payments and other credits, such as returns; - failure to send bills to your current address - provided the creditor receives your change of address, in writing, at least 20 days before the billing period ends; and charges for which you ask for an explanation or written proof of purchase along with a claimed error or request for clarification.
To take advantage of the law's consumer protections, you must: - write to the creditor at the address given for "billing inquiries," not the address for sending your payments, and include your name, address, account number and a description of the billing error. - send your letter so that it reaches the creditor within 60 days after the first bill containing the error was mailed to you.
Send your letter by certified mail, return receipt requested, so you have proof of what the creditor received. Include copies (not originals) of sales slips or other documents that support your position. Keep a copy of your dispute letter.
The creditor must acknowledge your complaint in writing within 30 days after receiving it, unless the problem has been resolved. The creditor must resolve the dispute within two billing cycles (but not more than 90 days) after receiving your letter.
What happens while my bill is in dispute?
You may withhold payment on the disputed amount (and related charges), during the investigation. You must pay any part of the bill not in question, including finance charges on the undisputed amount.
The creditor may not take any legal or other action to collect the disputed amount and related charges (including finance charges) during the investigation. While your account cannot be closed or restricted, the disputed amount may be applied against your credit limit.
Will my credit rating be affected?
The creditor may not threaten your credit rating or report you as delinquent while your bill is in dispute. However, the creditor may report that you are challenging your bill. In addition, the Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants who exercise their rights, in good faith, under the FCBA. Simply put, you cannot be denied credit simply because you've disputed a bill.
Both Rebecca Spitzer & Lar are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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