15 U.S.C. § 1666 : US Code - Section 1666: Correction of billing errors

Search 15 U.S.C. § 1666 : US Code - Section 1666: Correction of billing errors

(a) Written notice by obligor to creditor; time for and contents of
notice; procedure upon receipt of notice by creditor
If a creditor, within sixty days after having transmitted to an
obligor a statement of the obligor's account in connection with an
extension of consumer credit, receives at the address disclosed
under section 1637(b)(10) of this title a written notice (other
than notice on a payment stub or other payment medium supplied by
the creditor if the creditor so stipulates with the disclosure
required under section 1637(a)(7) of this title) from the obligor
in which the obligor -
(1) sets forth or otherwise enables the creditor to identify
the name and account number (if any) of the obligor,
(2) indicates the obligor's belief that the statement contains
a billing error and the amount of such billing error, and
(3) sets forth the reasons for the obligor's belief (to the
extent applicable) that the statement contains a billing error,
the creditor shall, unless the obligor has, after giving such
written notice and before the expiration of the time limits herein
specified, agreed that the statement was correct -
(A) not later than thirty days after the receipt of the notice,
send a written acknowledgment thereof to the obligor, unless the
action required in subparagraph (B) is taken within such thirty-
day period, and
(B) not later than two complete billing cycles of the creditor
(in no event later than ninety days) after the receipt of the
notice and prior to taking any action to collect the amount, or
any part thereof, indicated by the obligor under paragraph (2)
either -
(i) make appropriate corrections in the account of the
obligor, including the crediting of any finance charges on
amounts erroneously billed, and transmit to the obligor a
notification of such corrections and the creditor's explanation
of any change in the amount indicated by the obligor under
paragraph (2) and, if any such change is made and the obligor
so requests, copies of documentary evidence of the obligor's
indebtedness; or
(ii) send a written explanation or clarification to the
obligor, after having conducted an investigation, setting forth
to the extent applicable the reasons why the creditor believes
the account of the obligor was correctly shown in the statement
and, upon request of the obligor, provide copies of documentary
evidence of the obligor's indebtedness. In the case of a
billing error where the obligor alleges that the creditor's
billing statement reflects goods not delivered to the obligor
or his designee in accordance with the agreement made at the
time of the transaction, a creditor may not construe such
amount to be correctly shown unless he determines that such
goods were actually delivered, mailed, or otherwise sent to the
obligor and provides the obligor with a statement of such
determination.
After complying with the provisions of this subsection with respect
to an alleged billing error, a creditor has no further
responsibility under this section if the obligor continues to make
substantially the same allegation with respect to such error.
(b) Billing error
For the purpose of this section, a "billing error" consists of
any of the following:
(1) A reflection on a statement of an extension of credit which
was not made to the obligor or, if made, was not in the amount
reflected on such statement.
(2) A reflection on a statement of an extension of credit for
which the obligor requests additional clarification including
documentary evidence thereof.
(3) A reflection on a statement of goods or services not
accepted by the obligor or his designee or not delivered to the
obligor or his designee in accordance with the agreement made at
the time of a transaction.
(4) The creditor's failure to reflect properly on a statement a
payment made by the obligor or a credit issued to the obligor.
(5) A computation error or similar error of an accounting
nature of the creditor on a statement.
(6) Failure to transmit the statement required under section
1637(b) of this title to the last address of the obligor which
has been disclosed to the creditor, unless that address was
furnished less than twenty days before the end of the billing
cycle for which the statement is required.
(7) Any other error described in regulations of the Board.
(c) Action by creditor to collect amount or any part thereof
regarded by obligor to be a billing error
For the purposes of this section, "action to collect the amount,
or any part thereof, indicated by an obligor under paragraph (2)"
does not include the sending of statements of account, which may
include finance charges on amounts in dispute, to the obligor
following written notice from the obligor as specified under
subsection (a) of this section, if -
(1) the obligor's account is not restricted or closed because
of the failure of the obligor to pay the amount indicated under
paragraph (2) of subsection (a) of this section, and
(2) the creditor indicates the payment of such amount is not
required pending the creditor's compliance with this section.
Nothing in this section shall be construed to prohibit any action
by a creditor to collect any amount which has not been indicated by
the obligor to contain a billing error.
(d) Restricting or closing by creditor of account regarded by
obligor to contain a billing error
Pursuant to regulations of the Board, a creditor operating an
open end consumer credit plan may not, prior to the sending of the
written explanation or clarification required under paragraph
(B)(ii), restrict or close an account with respect to which the
obligor has indicated pursuant to subsection (a) of this section
that he believes such account to contain a billing error solely
because of the obligor's failure to pay the amount indicated to be
in error. Nothing in this subsection shall be deemed to prohibit a
creditor from applying against the credit limit on the obligor's
account the amount indicated to be in error.
(e) Effect of noncompliance with requirements by creditor
Any creditor who fails to comply with the requirements of this
section or section 1666a of this title forfeits any right to
collect from the obligor the amount indicated by the obligor under
paragraph (2) of subsection (a) of this section, and any finance
charges thereon, except that the amount required to be forfeited
under this subsection may not exceed $50.