15 U.S.C. § 1666

Correction of billing errors

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 15 CasesGoogle Scholar

(a) Written notice by obligor to creditor; time for and contents of notice; procedure upon receipt of notice by creditorIf 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 errorFor 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 Bureau.(c) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing errorFor 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), 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), 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 Bureau, 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) 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.

(Pub. L. 90–321, title I, § 161, as added Pub. L. 93–495, title III, § 306, Oct. 28, 1974, 88 Stat. 1512; amended Pub. L. 96–221, title VI §§ 613(g), 620, Mar. 31, 1980, 94 Stat. 177, 184; Pub. L. 111–203, title X, §§ 1087, 1100A(2), July 21, 2010, 124 Stat. 2086, 2107.)Editorial NotesCodification

Pub L. 111–203, § 1100A(2), which directed the substitution of “Bureau” for “Board” wherever appearing in title I of Pub. L. 90–321, was executed to this section, which is section 161 of title I of Pub. L. 90–321. Section 1087 of Pub. L. 111–203, which directed the making of an identical amendment in title III of Pub. L. 93–495, which added this section to title I of Pub. L. 90–321, has not been executed.

Amendments

2010—Subsecs. (b)(7), (d). Pub. L. 111–203, § 1100A(2), substituted “Bureau” for “Board”. See Codification note above.

1980—Subsec. (a). Pub. L. 96–221, § 613(g), substituted “(b)(10)” for “(b)(11)” and “(a)(7)” for “(a)(8)”.

Subsec. (b)(6), (7). Pub. L. 96–221, § 620(a), added par. (6) and redesignated former par. (6) as (7).

Subsec. (c). Pub. L. 96–221, § 620(b), inserted provisions respecting finance charges on amounts in dispute.

Statutory Notes and Related SubsidiariesEffective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–221 effective on expiration of two years and six months after Mar. 31, 1980, with all regulations, forms, and clauses required to be prescribed to be promulgated at least one year prior to such effective date, and allowing any creditor to comply with any amendments, in accordance with the regulations, forms, and clauses prescribed by the Board prior to such effective date, see section 625 of Pub. L. 96–221, set out as a note under section 1602 of this title.

Effective Date

Pub. L. 93–495, title III, § 308, Oct. 28, 1974, 88 Stat. 1517, provided that: “This title [enacting this section and sections 1666a to 1666j of this title, amending sections 1601, 1602, 1610, 1631, 1632, and 1637 of this title, and enacting provision set out as a note under section 1601 of this title] takes effect upon the expiration of one year after the date of its enactment [Oct. 28, 1974].”

Short Title

Title III of Pub. L. 93–495, which is classified principally to this part, is known as the “Fair Credit Billing Act”. For complete classification of Title III to the Code, see Short Title of 1974 Amendment note set out under section 1601 of this title and Tables.

Notes of Decisions

Cited in 252 cases (76 in the last 5 years), 1976–2026 · leading case: William Krieger v. Bank of Am. NA, 890 F.3d 429 (3rd Cir. 2018).

Sort: Relevance Newest Treatment

William Krieger v. Bank of Am. NA, 890 F.3d 429 (3rd Cir. 2018). · cites it 9× “[ 15 U.S.C. §§ 1666 - 1666j ]." This case involves two of those requirements: (1) a TILA provision known as the "Fair Credit Billing Act," which requires a creditor to comply with particular obligations when a consumer has asserted that his billing statement contains an error,…”

Lyon v. Chase Bank USA, N.A., 656 F.3d 877 (9th Cir. 2011). · cites it 14× “” See 15 U.S.C. § 1666 ; Gray v. Am. Express Co.”

Langenfeld v. Chase Bank USA, N.A., 537 F. Supp. 2d 1181 (N.D. Okla. 2008). · cites it 30× “As a result of such violations, Plaintiff seeks several forms of relief: (1) reducing debt owed “by the statutory forfeiture of $50” pursuant to 15 U.S.C. § 1666 (e); (2) statutory damages of $1000 for each violation of federal law; 2 (3) costs and attorneys’ fees; and (4) an…”

Strubel v. Comenity Bank, 842 F.3d 181 (2d Cir. 2016). · cites it 4× “See 15 U.S.C. § 1666 (a)(3)(B). While a consumer would undoubtedly appreciate prompt notification of such favorable action, it is not apparent how a creditor’s failure to tell the consumer that he will be so advised, by itself, risks real harm to any concrete consumer interest…”

Owusu v. New York State Ins., 655 F. Supp. 2d 308 (S.D.N.Y. 2009). · cites it 8× “, as amended by the Fair Credit Billing Act (“FCBA”), 15 U.S.C. § 1666 ; CCPA Title VI, the Fair Credit Reporting Act (“FCRA”), 15 U.”

Burrell v. Dfs Servs., LLC, 753 F. Supp. 2d 438 (D.N.J. 2010). · cites it 10× “Burrell contends that Discover and Helio violated Fair Credit Billing Act (“FCBA”), 15 U.S.C. § 1666 , by not responding to his inquiries and failing to make appropriate corrections to his accounts after he informed them that his identity had been stolen.”

Citibank (South Dakota), N.A. v. Mincks, 135 S.W.3d 545 (Mo. Ct. App. 2004). · cites it 16× “§ 1666 ] does not distinguish between the two types of transactions included in the definition of “credit” or indicate which of them must satisfy the definition of “consumer” in order for the section to be applicable.”

Burnstein v. Saks Fifth Avenue & Co., 208 F. Supp. 2d 765 (E.D. Mich. 2002). · cites it 12× “, 1 violated the federal Fair *767 Credit Billing Act (“FCBA”), 15 U.S.C. § 1666 et seq., by failing to appropriately respond to and correct a purported double-billing error identified by Plaintiff, and by reporting Plaintiffs account to a credit bureau as delinquent despite the…”

Belmont v. Assocs. Nat'l Bank (Delaware), 119 F. Supp. 2d 149 (E.D.N.Y 2000). · cites it 16× “Peter Belmont claims that defendant made a billing error when it sent him the May 5, 1998 billing statement for the MasterCard account numbered 5457-1500-5024-6016 because he had never borrowed on the account, and because he believed that his 1992 letter released him of…”

Esquibel v. Chase Manhattan Bank USA, N.A., 487 F. Supp. 2d 818 (S.D. Tex. 2007). · cites it 13× “See 15 U.S.C. § 1666 ; Pinner v. Schmidt, 805 F.”

Gengo v. Target Nat'l Bank, 513 F. Supp. 2d 842 (S.D. Tex. 2007). · cites it 18× “, and the Fair Credit Billing Act (“FCBA”), 15 U.S.C. § 1666 , et seq. (Instrument No.”

Stafford v. Cross Country Bank, 262 F. Supp. 2d 776 (W.D. Ky. 2003). · cites it 4× “Specifically, § 1666 provides that on receipt of timely notice of a billing error, a card issuer *790 must acknowledge the notice in writing within thirty days, 15 U.S.C. § 1666 (a)(3)(A) (1998); 12 C.F.”

Show all 252 citing cases →

— 15 U.S.C. § 1666(a) — 1 case

Pinner v. Schmidt, 805 F.2d 1258 (5th Cir. 1986).

— 15 U.S.C. § 1666(a)(2) — 1 case

Langenfeld v. Chase Bank USA, N.A., 537 F. Supp. 2d 1181 (N.D. Okla. 2008). “As a result of such violations, Plaintiff seeks several forms of relief: (1) reducing debt owed “by the statutory forfeiture of $50” pursuant to 15 U.S.C. § 1666 (e); (2) statutory damages of $1000 for each violation of federal law; 2 (3) costs and attorneys’ fees; and (4) an…”

— 15 U.S.C. § 1666(a)(3)(B) — 1 case

Walsh v. First Nat'l Bank Of Omaha (E.D. Mich. 2025).

— 15 U.S.C. § 1666(b) — 1 case

Oscar S. Gray v. Am. Express Co., 743 F.2d 10 (D.C. Cir. 1984).

— 15 U.S.C. § 1666(b)(1) — 2 cases

Middleton v. Rogers Ltd., 804 F. Supp. 2d 632 (S.D. Ohio 2011).

— 15 U.S.C. § 1666(e) — 1 case

Fed. Trade Comm'n v. World Travel Vacation Brokers, Inc., 861 F.2d 1020 (7th Cir. 1988).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.