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When using credit cards, there is always the risk of human
or computer error on the part of credit card companies. With the Fair Credit
Billing Act (FCBA), however, there are some safeguards put into place just in
case credit card companies mess up. With these safeguards, consumers have
recourse to correct errors – and if necessary, they can correct these errors
through legal means.
Some examples of errors that the FCBA (full text available here)
covers are clerical errors, such as incorrectly billed amounts; charges for
damaged goods; and charges the consumer never actually made. These are not by
any means the only things that the FCBA covers. They are, however, some of the
most common.
How to Resort to the
Fair Credit Billing Act
Hopefully, you won’t ever have to resort to the FCBA to
resolve credit card disputes. Unfortunately, however, you may need to do so at
some point. Challenging a credit card dispute with reference to the FCBA is not a difficult
process, although it is a precise one. There are some clear steps that you
should take if you have dispute an item on your credit card statement.
- Send a written dispute. You need
to send a dispute, in writing, to your credit card company’s “billing
inquiries” address. Make sure you send it so that the credit card company
receives it within 60 days of the original credit card statement. Also take
special care to ensure that you send it via the United States Postal
Service. The dispute should make clear not only which credit card item you
are challenging but should also state reasons for the dispute.
- Wait for a response. The credit
card company will have 90 days to investigate the dispute. If the credit
card company decides that a refund is necessary, then it will both refund
the money to your account and will also charge back the vendor with whom
you have the dispute. If the credit card company decides that your dispute
is not valid, then it must say so in a written response to you.
- Ask for proof. If you dispute the
credit card company’s decision, then you can ask for written evidence of
their decision. This documentation will include receipts, invoices, and
other such documentation.
Other Relevant
Information
Resorting to the Fair Credit Billing Act certainly isn’t
fun, but the question that a consumer should ask is: “Compared to what?” If the
process of dealing with the FCBA (and the Federal Trade Commission, the
enforcer of the FCBA) will result in the reversal of an unjust or improper
charge to your credit card account, then it is certainly worth the hassle.
Keep in mind, however, that under the FCBA, you can only sue
a company for a charge of $50.00 or greater. The consumer must also at least try to resolve the dispute with the
vendor before resorting to legal action. These restrictions are in place in
order to cut down on frivolous lawsuits.
Hopefully, no one will need to resort to the FCBA, and all
disputes can be handled without a mediator. This is not always the case,
however, and – imperfect and arduous though it may be – the FCBA is often the
primary method by which consumers can protect themselves against improper
charges on their credit card statements.
By following the aforementioned steps, consumers can protect
themselves against unnecessary charges. In fact, the very existence of such a
law means that credit card companies often preemptively run quality control to
make sure that all charges are valid and just!
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