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Fair Credit Billing
Have
you ever been billed for merchandise you returned or never received? Has your credit card
company ever charged you twice for the same item or failed to credit a payment to your
account? While frustrating, these errors can be corrected. It takes a little patience and
knowledge of the dispute settlement procedures provided by the Fair Credit Billing Act
(FCBA).
The law applies to "open end" credit
accounts, such as credit cards, revolving charge accounts - such as department store
accounts - and overdraft checking 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
you supply a change of address 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.
Sample Dispute
Letter
Date
Your Name
Your Address
Your City, State, Zip Code
Your Account Number
Billing Inquiries
Address
City, State, Zip Code
Dear Sir or Madam: I am writing to dispute a billing error
in the amount of $______on my account. The amount is inaccurate because (describe the
problem). I am requesting that the error be corrected, that any finance and other charges
related to the disputed amount be credited as well, and that I receive an accurate
statement.
Enclosed are copies of (use this sentence to describe any
enclosed information, such as sales slips, payment records) supporting my position. Please
investigate this matter and correct the billing error as soon as possible.
Sincerely,
Your name Enclosures: (List what you are enclosing.) |
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 dis- pute 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.
What if......the bill is incorrect?
If your bill contains an error, the creditor
must explain to you - in writing - the corrections that will be made to your account. In
addition to crediting your account, the creditor must remove all finance charges, late
fees or other charges related to the error.
If the creditor determines that you owe a portion of the
disputed amount, you must get a written explanation. You may request copies of documents
proving you owe the money.
...the bill is correct?
If the creditor's investigation determines the
bill is correct, you must be told promptly and in writing how much you owe and why. You
may ask for copies of relevant documents. At this point, you'll owe the disputed amount,
plus any finance charges that accumulated while the amount was in dispute. You also may
have to pay the minimum amount you missed paying because of the dispute.
>If you disagree with the results of the investigation, you
may write to the creditor, but you must act within 10 days after receiving the
explanation, and you may indicate that you 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, the report also must state that you don't think you owe
the money. The creditor must tell you who gets these reports.
If the creditor fails to follow the
procedure...
Any creditor who fails to follow the settlement
procedure may not collect the amount in dispute, or any related finance charges, up to
$50, even if the bill turns out to be correct. For example, if a creditor acknowledges
your complaint in 45 days - 15 days too late - or takes more than two billing cycles to
resolve a dispute, the penalty applies. The penalty also applies if a creditor threatens
to report - or improperly reports - your failure to pay to anyone during the dispute
period.
An important caveat
Disputes about the quality of goods and services
are not "billing errors," so the dispute procedure does not apply. However, if
you buy unsatisfactory goods or services with a credit or charge card, you can take the
same legal actions against the card issuer as you can take under state law against the
seller.
To take advantage of this protection regarding the quality
of goods or services, you must:
- have made the purchase (it must be for more than $50) in
your home state or within 100 miles of your current billing address;
- make a good faith effort to resolve the dispute with the
seller first.
The dollar and distance limitations don't apply if the
seller also is the card issuer - or if a special business relationship exists between the
seller and the card issuer.
Other billing rights
Businesses that offer "open end"
credit also must:
- give you a written notice when you open a new account - and
at certain other times - that describes your right to dispute billing errors;
- provide a statement for each billing period in which you
owe - or they owe you - more than one dollar;
- send your bill at least 14 days before the payment is due -
if you have a period within which to pay the bill without incurring additional charges;
- credit all payments to your account on the date they're
received, unless no extra charges would result if they failed to do so. Creditors are
permitted to set some reasonable rules for making payments, say setting a reasonable
deadline for payment to be received to be credited on the same date; and
- promptly credit or refund overpayments and other amounts
owed to your account. This applies to instances where your account is owed more than one
dollar. Your account must be credited promptly with the amount owed. If you prefer a
refund, it must be sent within seven business days after the creditor receives your
written request. The creditor must also make a good faith effort to refund a credit
balance that has remained on your account for more than six months.
Suing the creditor
You can sue a creditor who violates the FCBA. If
you win, you may be awarded damages, plus twice the amount of any finance charge - as long
as it's between $100 and $1,000. The court also may order the creditor to pay your
attorney's fees and costs.
If possible, hire a lawyer who is willing to accept the
amount awarded to you by the court as the entire fee for representing you. Some lawyers
may not take your case unless you agree to pay their fee - win or lose - or add to the
court-awarded amount if they think it's too low.
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