Have you discovered credit report billing errors?  Has your credit card company charged you twice for the same purchase?  Did you credit card company charge you for a purchase that you did not make? 

The Fair Credit Billing Act (FCBA) provides consumers the right to dispute billing errors on “open end” credit accounts, such as credit cards and department store accounts.  The Fair Credit Billing Act (FCBA) does not apply to fixed payments, such as mortgages or installment contracts.

Here are common examples of billing errors:

            1. Charges that list the wrong amount or date;

            2. Charges for goods or services you didn’t accept or weren’t delivered as agreed;

            3. Math errors (such as interest calculations);

            4. Failure to post payments or other credits, such as returns; and

            5. Failure to send bills to your current address, provided the creditor receives your change in    address, in writing, at least 20 days before the billing period ends.

How do you dispute credit card billing errors?

Consumer must take the following steps to take advantage of the Fair Credit Billing Act (FCBA):

            1. Write to the creditor at the address for billing inquiries

            2. Include your name, account number, address, and a description of the billing error.

            3. Deliver your correspondence so that it reaches the creditor within 60 days after the first bill containing the error was mailed to you.

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.  You should send your dispute letter by certified mail, return receipt requested, so you have proof of when the creditor received your dispute letter.  Keep a copy of your dispute letter – you may need it if you have to hire a lawyer to help you.

You can sue a creditor who violates the Fair Credit Billing Act (FCBA).  In fact, you may be entitled to damages, plus twice the amount of any finance charge, so long as it is between $100 and $1,000.   The court can also award consumers’ attorneys’ fees.

How do I report a Fair Credit Billing Act violation?

Consumers have a private right of action against creditors who do not comply with the Fair Credit Billing Act (FCBA).  We enforce the Fair Credit Billing Act (FCBA) against credit card companies.  We also educate consumers on how to spot, stop and avoid unlawful consumer practices.  Consumer protection lawyer, Micah Adkins, represents consumers in an effort to prevent fraudulent, deceptive, and unfair business practices.  For more information about your rights under the Fair Credit Billing Act (FCBA) or a free case review, please call us at 1-800-263-9091.