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An Overview of the Fair Credit Billing Act

Enacted in 1974, the Fair Credit Billing Act (FCBA) is a nationwide federal law that was created as an amendment to the Truth in Lending Act, a federal law designed to help consumers who are borrowing money. The FCBA is aimed at insuring consumers do not become victims of unscrupulous creditors and to protect them from unfair and unethical billing practices and to help consumers address and solve such issues. The main focus of the FCBA is for charge or credit card accounts. The FCBA provides consumers protection for the following situations.

• Unauthorized charges or charges not made by you
• Charges with an incorrect amount or wrong date
• Charges for products not delivered as promised or that you did not accept
• Mathematical or calculation errors on your bill
• Failure to give proper credits or post payments made
• Failure to send monthly statement to the correct address
• Charges for products where you asked for written proof of purchase or for an explanation or clarification
• Charges for products noticeably not as ordered or described
• Charges for damaged products

What Are Your Rights Under the FCBA?

As a consumer, you have certain rights that you can expect when dealing with consumer or credit card companies. You have the right to dispute any billing that you deem incorrect. These errors may be for products ordered online but never received; payments made but not credited on your account; duplicate charges or charges not pertaining to your account, among other things.

You also have the right to not make payment on the portion of your bill that includes the disputed amount. However, you are required to pay at least the minimum amount due on your bill if you have a balance and that balance is for purchases other than those in dispute. Although you have the right to dispute charges that are incorrect, the FCBA does require that you send a dispute in writing within 60 days of the first statement that included the mistake.

Calling the credit card company and complaining or just refusing to make the payment is not equivalent to filing a dispute. Failure to send your dispute in writing within this time period can nullify your claim, and you may be required to pay the charges on your bill. Sometimes if this happens, our firm may be able to help you work out an agreeable solution with the creditor. The letter you submit to the creditor must include the following.

• Your name
• Your correct address
• Account number
• Dollar amount in dispute
• Reason for the dispute
• The statement that contains the error

It is very important that the dispute not be made over the phone but must be made in writing. If the company so indicates, the complaint may be made online if the company has an area on the site solely for disputes. However, the usual procedure is in writing. Once the creditor receives your dispute letter, the creditor must investigate the dispute and provide a resolution within the earlier of 90 days or two billing cycles.

A common complaint with consumers is that they submit their complaint and don’t hear from the company for months, causing additional fees and more frustration. With our team of attorneys working on your behalf, you’ll no longer be at the mercy of an unscrupulous creditor.

Delancey Street is here for you

Our team is available always to help you. Regardless of whether you need advice, or just want to run a scenario by us. We take pride in the fact our team loves working with our clients - and truly cares about their financial and mental wellbeing.

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