The Fair Credit Billing Act (FCBA), a federal law that was passed in 1974, limits what consumers are responsible for and protects them from unfair billing practices in many ways. The Truth in Lending Act (TILA), which had been passed six years earlier, was modified by it. Other types of loans are not covered by the FCBA, but open-end credit accounts like credit cards, charge cards, and home equity lines of credit are. Read further to learn the purpose of the fair credit billing act and what type of accounts does the fair credit billing act apply to.
What Is Fair Credit Billing Act?
The Fair Credit Billing Act, which addresses “open-end” credit accounts like credit cards or charge accounts, is enforced by the Federal Trade Commission. Consumers are protected by the Act against unfair invoicing practices like:
- Charges that the customer did not authorize.
- charges with an incorrect date or sum.
- charges for unfulfilled products or services.
- fees for products or services that were not as described but were nonetheless provided.
- calculation mistakes
- Charges that the consumer wants further information on.
- statements sent to the wrong address.
What Does the Fair Credit Billing Act Do?
Even if you weren’t aware of it, you might be familiar with some of the FCBA’s provisions. The legislation establishes what constitutes a billing error, and grants you the right to contest charges. It also imposes duties on creditors with regard to billing.
#1. Gives You the Right to Dispute Billing Errors
You are entitled to contest billing inaccuracies that appear on your account statements under the FCBA. These might consist of:
#1.Charges That Are Made Without Your Permission When Someone Steals Your Credit Card
After you’ve reported the theft, charges won’t be levied against you, and the FCBA caps your overall liability for unauthorized charges at $50. Major credit card payment networks and issuers frequently go above and beyond by providing zero liability protections for all fraudulent charges, superseding this need.
#2. Charges That Contain Inaccurate Dates or Amounts
Fees for goods or services that weren’t provided when they were supposed to; Some credit cards also come with a purchase protection feature that could come in handy if something you just bought gets lost, stolen, or becomes damaged.
#3. Bills Delivered to the Incorrect Address
This is only valid if you have written to the creditor and it has at least 20 days before the end of a billing month to receive your new address.
#4. Uncertain Charges
If you think there is a problem, you also have the right to ask for written evidence of purchase or an explanation of a transaction.
You don’t have to pay the disputed amount and associated charges if you submit a dispute because of a billing error until after the inquiry is finished. The remainder of your bill is still your responsibility.
#2. Creates Notice and Timing Requirements for Creditors
In addition, creditors must do the following:
When you start an account, as well as occasionally for active accounts, include a written letter outlining your rights to challenge billing inaccuracies.
If your credit card has a grace period, send your bill at least 21 days before it ends, or if your account doesn’t, send it at least 14 days before your minimum payment is due.
If your account has had a negative balance for longer than six months, we’ll try to refund the overpayment and credit your account for any overpayments. Additionally, after receiving a request, your creditors are to offer you a refund within seven business days. If a payment applies to your account the following day without incurring additional fees, do so. Your creditors can establish rules and deadlines, but your payment deadline cannot begin earlier than 5 p.m. on the day the bill is due.
Fair Credit Billing Act vs. Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) may have also come up in conversation, and you may have questioned how it differed from the FCBA. Both the FCBA and FCRA protect consumers, although in different ways. While the FCRA helps to guarantee that your credit reports contain fair, accurate information and that your information is safe, among other things, the FCBA pertains to billing problems.
What Is the Purpose of the Fair Credit Billing Act?
The purpose of the fair credit billing act is that amendment offers additional protection during disputes and forbids creditors from acting in a way that harms the consumer’s credit standing prior to the conclusion of an investigation.
How Does the Fair Credit Act Protect Consumers?
Title VI of the Consumer Credit Protection Act protects the information they collect from consumer reporting agencies like credit bureaus, medical information firms, and tenant screening services. They can’t give Consumer Reports information to anyone without a legitimate need as defined by the Act.
What Type of Accounts Does the Fair Credit Billing Act Apply To?
Are you wondering what type of accounts the Fair Credit Billing Act apply to? The Federal Trade Commission enforces the Fair Credit Billing Act, which addresses “open-end” credit accounts like credit cards or charge accounts. The Act protects consumers from unfair billing practices like charging for things the customer did not agree to. charges with an incorrect date or sum.
How to Dispute a Billing Error
You must prepare and mail a dispute letter to the creditor if you discover a billing error and want to contest it in accordance with the FCBA. Consider using certified mail with a return receipt to send the document.
The letter must be delivered to a designated address for billing inquiries and must be received within 60 days of the date the creditor sent the billing statement containing the disputed charges. You can use a sample letter provided by the Federal Trade Commission (FTC) as a template. For your records, keep copies of the letter and any supporting materials you send.
After receiving your disagreement, the creditor has two billing cycles (a maximum of 90 days) to look into and address it. You can be required to pay none, a portion, or the entire contested amount, depending on the outcome.
You also have the right to file a lawsuit against your creditor if you think they are not following the FCBA. The FCBA permits the court to require that the debtor pay your legal expenses and grant you damages.
Monitor Your Credit Report for Unusual Activity
It’s important to go over your monthly billing statements so you can spot any illegal payments and billing mistakes right away. You may also connect and sync your accounts if you use budgeting software, which would enable you to easily spot any new costs that occur throughout the month.
It’s crucial to monitor your credit report. If someone applies for or establishes a new credit account in your name, Experian’s free account will alert you. After settling the disputes, you can check your credit reports to make sure the creditor updates the credit bureaus. Don’t be shocked if the information on your account isn’t changed the same day; sometimes this can take a few billing cycles.
Your Rights Under the Fair Credit Reporting Act
It’s a must for you to know your right under the fair credit reporting act. Here are some of your rights:
#1. If Information From Your File Has Been Used Against You, You Must Be Informed
Anyone who refuses your application for credit, insurance, or employment or otherwise takes adverse action against you must inform you and provide the name, address, and contact information for the agency that collected the information.
#2. You Are Entitled to Access to the Information in Your File
You have the right to request and receive a “file disclosure” of all the information about you that a consumer reporting agency has on file on you. The correct identity, which can also contain your Social Security number, will be requested from you. The disclosure will frequently be free. If:
- You are qualified for a free file disclosure.
- Someone has reacted negatively to you as a result of information on your credit report;
- you have a fraud alert placed on your records because you were the victim of identity theft;
- due to fraud, the information in your file is erroneous;
- You receive government help;
- You don’t currently have a job, but you plan to in the next 60 days.
Additionally, upon request to any national credit bureau or national specialist consumer reporting agency, all consumers are entitled to one free disclosure every 12 months.
#3. You Are Entitled to Request a Credit Score
Based on data from credit agencies, credit scores are quantitative evaluations of your creditworthiness. You must pay if you want a credit score from a consumer reporting agency that generates or disseminates scores used for residential real estate loans. You could receive free credit score information from the mortgage lender in certain mortgage transactions.
#4. You Have the Right To Contest Any Information That Is Incorrect or Incomplete
If you find any incomplete or erroneous information in your file and notify the consumer reporting agency about it, the agency will look into the matter, unless your complaint is frivolous.
#5. Consumer Reporting Agencies Are Required to Update or Remove Information That Is False, Incomplete, or Unable To Be Verified
Information that is wrong, misleading, or can’t be checked must be taken down or fixed, usually within 30 days. A consumer reporting organization may still publish information that is true.
#6. Consumer Reporting Organizations Might Not Report Inaccurate, Outdated Data
A consumer reporting organization typically won’t release bad information that is older than seven years or bankruptcies older than ten years.
#7. Your File Has Restricted Access
Only those with a legitimate need—typically to consider an application with a creditor, insurer, employer, landlord, or other business—may receive information about you from a consumer reporting agency. The FCRA lists people who have a legitimate need for access.
#8. You Must Offer Permission for Employers To Get Reports
Without your express written consent provided to the employer, a consumer reporting agency may not release information about you to your employer or a potential employer. In the trucking industry, generally, written consent is not necessary.
Is the Fair Credit Billing Act Still in Effect?
The Fair Credit Billing Act remains relevant today despite being passed as legislation in 1974. The FCBA’s requirement that creditors react to your billing dispute promptly and your ability to postpone payment of the disputed amount up until the conclusion of the investigation is two of its strongest aspects.
Which of the Following Is Not Covered by the Fair Credit Billing Act FCBA?
On “open-end” or revolving accounts, the FCBA covers billing mistakes. Credit cards, charge cards, and home equity lines of credit are some of them. Installment loans are different from car loans because they give you a set amount of time to pay back your debt. The law does not cover these loans.
What Are the Key Components of the Fair Credit Reporting Act?
The Fair Credit Reporting Act places restrictions on who has access to and uses your credit report. Before a potential employer can look at your credit report, they must first get your written permission. Credit bureaus are to take your name off marketing lists if you request for it.
How Many Days Does a Creditor Have To Acknowledge Your Written Complaint?
The creditor must acknowledge your letter under the FCBA within 30 days of receiving it unless they correct the error. And after receiving your letter, the creditor has two full billing cycles—but no longer than 90 days—to investigate and settle the disagreement.
The Meaning of “Account in Dispute”
“Account in dispute” is a term under the Fair Credit Billing Act that means the 90-day period during which a credit issuer is looking into a customer’s dispute. Either the creditor has to fix the problem or let the customer know in writing that the dispute is valid.
How Do Chargebacks Work?
A chargeback is when a consumer gets their money back after resolving a transaction that proves to be wrong. It stops transactions using the payer’s credit card or bank account.
Does a Dispute Affect a Consumer’s Credit Score?
No, it does not affect it. There is no effect on a consumer’s credit score when they file a dispute.
Final thoughts
The Fair Credit Billing Act was created to safeguard consumers from dishonest billing methods. The act comprises remedies for both consumers and credit card issuers and offers a route for customers to challenge billing errors or unauthorized charges.
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