No matter what causes errors in your credit card statements or store credit accounts, these errors are violations of the Fair Credit Billing Act and they are unlawful.
From unauthorized transactions caused by identity theft and fraud to clerical errors by credit card companies and stores, the list of what can go wrong is frightening.
At Consumer Justice Law Firm, we help enforce your legal right to accurate credit card statements and store account data. But this doesn’t just mean correcting the record.
It means helping you make a complete recovery, reclaim your financial integrity, fight for fair compensation for any harm you suffered, and empowering you to push back against billion-dollar credit bullies.
In This Guide…
What is the Fair Credit Billing Act (FCBA)?
Credit card fraud and credit billing mistakes have consequences that can spread through your full credit profile quickly.
Because these types of errors are part of a larger, systemic problem that causes real harm to people, the federal government passed an important piece of legislation to protect you- the Fair Credit Billing Act (FCBA).
Our credit card fraud lawyers rely heavily on the Fair Credit Billing Act (FCBA), along with the Fair Credit Reporting Act, to build the best possible cases and get the best possible outcomes.
Your Rights Under the Fair Credit Billing Act (FCBA)
The Fair Credit Billing Act gives you critical consumer rights, including the right to:
- dispute fraudulent or incorrect charges that are $50 or more (within 60 days of the fraud posting to your billing statement)
- face limited liability for confirmed unauthorized charges (usually only up to $50)
- dispute charges for undelivered goods and inaccurate amounts
- dispute the results of a lender’s investigation if they stand by the charges or errors (within 10 days)
- file lawsuits against the responsible parties
- hold disputed payments in forbearance while the charges are being investigated (meaning, you don’t pay while they look into it and you can’t get sent to collections)
- receive a response to your dispute within 30 days and a resolution within 90 days
- make the credit card company prove that disputed charges are valid
Check out The Consumer Justice Blog for articles about how everyday people in situations just like yours are impacted by Fair Credit Billing Act (FCBA) violations, credit reporting errors, and more.
How FCBA Violations Harm You
Fair Credit Billing Act violations harm you in two waves.
The first wave of harm caused by Fair Credit Billing Act violations comes from the immediate problem itself- credit card fraud, unreceived goods, or inaccurate credit card statements. This type of harm will show up as more money that you owe, a skewed debt-to-asset ratio, and loans and credit cards maxed out, etc.
The second wave of harm caused by Fair Credit Billing Act violations comes from the continuous, slow-rolling hits that just keep coming when the initial Fair Credit Billing Act violations aren’t fixed. This is characterized by fraudulent, unauthorized, or inaccurate charges showing up on as errors on your credit reports.
Look for things like:
- Maxed out accounts. Fraudulent activity or statement errors can lead to credit cards, charge accounts, lines of credit, and more, being (or appearing) maxed out completely.
- Credit statements riddled with bad data. Unauthorized credit checks, fraudulent transactions, unapproved loans, all get reported on your credit statement as if they’re yours.
- Bad credit reports and a credit score drop. When your credit statements aren’t corrected following fraud or errors, the info ends up on credit reports, damaging you credit worthiness and unfairly dropping your credit score.
- Debt collections. If a lender refuses to clear fraudulent or inaccurate charges, those accounts could unfairly end up in collections.
- Reputational damage. Financial and credit reporting damage rarely stays between you and the agency reporting it. In fact, credit reports are made to be used by decision-makers. Anyone seeing yours while it’s full of data generated by fraud or inaccuracies will assume the worst.
- Mental and emotional distress. From missing out on long-awaited opportunities to losing sleep due to worry or being plagued by anxiety, the toll these violations take is real.
Steps To Take After Discovering FCBA Violations
While it’s usually not the case that Fair Credit Billing Act problems can be solved easily and without any hassle, taking these three steps will put you on the path to making a complete financial and credit recovery.
Let the credit & finance companies know: Carefully review your billing statement from every credit card company or loan you have access to, along with your credit report from each credit bureau.
Note every instance of wrongful or inaccurate data, no matter how small. Notify the fraud department about the bad data or unauthorized activity as soon as possible. Freeze your credit. Your credit card may be canceled and reissued.
File a dispute with the credit card company: Notifying the fraud department is NOT a dispute. You still have to file a formal dispute of the bad data or unauthorized activity in writing.
File by certified mail and keep copies of everything, including the mailing receipts and all documents sent. You have 60 days from the date on the billing statement on which the disputed charges were posted. But the sooner, the better.
File a criminal report & get an attorney: It’s a good idea to file a police report as close in time to the discovery of the fraud as possible. While the police may decline to pursue an investigation, filing a criminal report helps establish and lock down the facts in an official document.
If your dispute doesn’t help or you need guidance through the whole process, a credit card fraud lawyer can help from the beginning or at any point in the process.
We can help make fighting Fair Credit Billing Act violations easy.
What Does a Top Credit Fraud Lawyer Do?
Not every Fair Credit Billing Act case ends in a lawsuit, but many do.
Sometimes, seemingly simple things- like disputing fraudulent or unauthorized credit card charges- that should have a straightforward solution, become prolonged and painful battles.
Knowing when, how, and who to sue is everything. Here’s how a credit fraud lawyer helps you:
- We know the law. We know the laws that protect you and how to go after these careless mega-corporations using every possible legal option available.
- We know the problems. We’ve seen, heard, and handled every type of consumer fraud and credit reporting problem and put our full knowledge and resources into everything we do.
- We know the tricks. We know the tactics used by these companies to delay doing anything to fix financial or reporting mistakes. They’d rather convince you it’s a lost cause. We know otherwise.
- We know what you need to win. We provide personalized legal guidance, helping you gather necessary data and evidence, craft and file legally sound disputes, and advising you of your rights and best practices along the way.
- We file a lawsuit. If the fraudulent charges aren’t removed or the credit reporting errors aren’t corrected, we file a lawsuit to hold companies accountable.
- We get you money. If you’ve been harmed by credit card fraud, billing statement errors, identity theft, and bad data and you’re entitled to compensation, we know how to maximize it.
What is a Credit Card Fraud Lawsuit
Under the Fair Credit Billing Act, you can bring a credit card fraud lawsuit or a lawsuit for credit card billing statement errors.
These lawsuits will rely on your consumer rights under the Fair Credit Billing Act, but they can also involve other important laws like the Fair Credit Reporting Act, Fair Debt Collections Practices Act, and Electronic Funds Transfer Act.
The companies that may be targeted in the credit card fraud lawsuit can include those companies that
- fail to use adequate methods to prevent, investigate, or correct bad data generated by credit card fraud
- engage in harassment for non-payment of fraudulent charges, loans, and accounts (such as unscrupulous debt collectors)
- fail to act within the legal time frame for investigating and fixing disputed data
- receive notice of fraudulent credit card charges but continue to report the false information anyway
When you’re dealing with Fair Credit Billing Act (FCBA) violations, whether it’s for a credit card fraud lawsuit or a lawsuit for credit card billing statement errors, the lawyers who help consumers with these cases may go by a few different names, including: consumer protection attorneys, credit card fraud lawyers, Fair Credit Billing Act attorneys, or FCBA lawyers.
How to Dispute FCBA Violations
- Act quickly to dispute fraudulent charges, transactions, and loans. There are critical statutes of limitations involved in disputing fraud, and typically the date that sets everything in motion is the statement date on which the criminal activity is first reported. Once you notice something is off, jump into gear getting things locked down and disputed.
- Review your credit reports and financial statements for mistakes and unauthorized activity.
- Gather any evidence and documentation you have to support your dispute. This should include the police report (if filed) and any communications with the companies (such as notes from when you filed a fraud alert).
- Follow the rules for the specific financial company whose data you’re disputing.
- Write a thorough and clear letter explaining exactly which information in your credit report or financial statement is wrong and why.
- Mail your letter, along with copies of the supporting documents, via certified mail to the credit reporting and financial companies. This preserves your rights and leaves an easily traceable trail. Avoid using online dispute platforms.
- Keep a copy of the letters and documents for your file, along with the mail receipts.
- Track the days. Credit bureaus and lenders holding credit cards, charge accounts, and lines of credit have 30 days to respond.
- Don’t give up. If they don’t respond, don’t investigate, don’t fix the errors, or claim that their investigation confirmed the bad data and fraudulent activity, you need a lawyer NOW.
How Much Does a Credit Card Fraud Lawyer Cost?
If you work with Consumer Justice Law Firm, the answer to this question is simple. It costs you nothing out of pocket to work with a credit card fraud lawyer.
From you FREE consultation all the way through to the resolution of your claim, including filing a lawsuit if necessary, you don’t pay us a dime up front or out of pocket.
Our Fair Credit Billing Act lawyers get paid by the companies we sue when we win. Period.
No Justice, No Fee.TM
Frequently Asked Questions
Should I cancel my credit card after discovering credit card fraud?
For most people, the answer is a clear and easy yes.
However, in our experience, some people do not have access to any additional credit or payment options. For instance, you might be a single parent who relies on your credit card to manage bill paying in a way that works with your pay schedule. You might only have one credit card and you use it for everything.
In this instance, canceling your credit card outright might leave you completely stranded or at risk of not being able to pay some of your bills. If you’re in this situation, we recommend discussing this with the credit card company and speaking to a credit card fraud lawyer.
Can I fight credit card fraud without an attorney?
The answer to whether you need an attorney is always no. You are free to tackle any legal situation on your own, including credit fraud, billing statement errors, and bad data reporting.
And, for some people, reporting fraud or errors and getting it cleared up with the lender or credit bureau is an easy process.
But for others, every possible roadblock to justice shows up to make the journey to recovery nearly impossible. If the credit card fraud is particularly extensive or you’re finding the companies are unresponsive, uncooperative, or untrusting of you, then working with a lawyer is the best and safest bet.
Luckily, you can begin working with a credit card fraud attorney at any point in the process. If you encounter resistance, refusals, or ridiculousness of any kind, reach out right away.
FREE consultations. We only get paid when we win. No Justice, No Fee.TM