The Fair Credit Billing Act (FCBA)
In
1975, the Fair Credit Billing Act was passed through Congress.
The purpose of the legislation was to create guidelines for
resolution of disputes that resulted from consumers disagreeing
with information that was reflected on their credit card statement.
On the reverse side of a credit card statement, an address
is provided to which the consumer can write and dispute information
on their statement that they feel is incorrect. The cardholder
must submit a letter within 60 days of receiving the billing
statement that they believe to be incorrect. The following
information must be included in the letter:
- The
name of the cardholder.
- The
cardholder's address.
- The
cardholder's account number.
- A
summary of the reason for the dispute with information specific
to the date and the amount of the transaction being disputed.
The
credit issuer has 30 days in which to acknowledge receipt
of the dispute letter. The consumer does not have to pay the
portion of the bill that is in dispute while it is being investigated.
During the investigation, the credit issuer may not report
derogatory information to credit agencies concerning information
that is relative to the disputed item. After investigating
the dispute, if the credit card issuer determines that the
information, as originally reflected on the statement is correct,
they must send a letter to the cardholder explaining that
they found no error in the information as it was recorded
on the statement. If requested by the cardholder, the creditor
must provide copies of information that they used to support
that the information as originally reported was correct. The
credit issuer must advise the cardholder of the amount due
on their account and the due date by which they need to remit
payment. If the cardholder does not pay by the due date, information
may be reported to the credit bureau.
If
the credit card issuer determines that information, as found
on the original statement, was reported in error, they must
correct the error by crediting the account. In addition, they
must provide a letter that confirms their error and summarizes
the corrections that will be made to repair it.