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Credit Card Billing Disputes

 

Fair Credit Billing Act - Truth In Lending Act

The Fair Credit Billing Act (FCBA) has the effect of making the creditor listen to the consumer that has a dispute concerning a billing error in their monthly credit card account statement or in their monthly home equity line of credit account statement.

 

A billing error is:

  • an unauthorized charge, or

  • a charge for goods or services that were never accepted by the consumer, or
  • a charge for goods or services not delivered to the consumer, such as nondelivery, delivery to the wrong place, delivery of the wrong quantity, delivery of goods or services different from that agreed upon; or
  • a computational or accounting error, or
  • a charge which the consumer requests additional clarification or documentation, or
  • the creditor's failure to send the periodic statement to the consumer's last known address. 

What to Do if You Have A Billing Error:

If you find that you have a billing error, the first step you must take is to immediately notify the creditor in writing.  Your letter should include the account number and a description of the billing error.  This letter should be sent to the Billing Errors address listed on your monthly statement and it should  be sent via certified mail with return receipt requested.  Click here for a sample letter: Sample Letter Billing Error.pdf.

Once the creditor receives your letter, then the creditor is required to credit your account for the billing error and conduct a reasonable investigation of the billing error within two complete billing cycles (if the letter is received during mid-billing cycle, then the creditor has the rest of the current cycle plus two complete cycles to complete its investigation). 

The creditor is required to notify you of the results of its investigation, either in a correction notice or with the periodic statement.

If your bank or creditor refuses to remove the disputed item or charge, you may be entitled to compensation. Please contact our office at 404-588-1181.

The information you obtain at this website is not, nor is intended to be, legal advice.  Links to pages outside of this website do not constitute an endorsement of those sites.  No attorney client relationship has or will be established with the Law Office of Lisa D. Wright, LLC unless and until a written retainer agreement has been executed.


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