How to Dispute a Credit Card Charge: Your Rights
A credit card dispute is a formal claim of a billing error. Here is what counts, how to file one the right way, and what the law protects while you wait.
A charge lands on your statement that you never agreed to. Maybe a store billed you twice. Maybe a box never came. American Express's guide says you can dispute a credit card charge in cases such as a fraudulent charge or an error. This page walks through what a dispute is, what you can dispute, and how to file one so your rights stay intact.
What a credit card dispute is
A dispute is a formal claim to your card issuer that a charge on your bill is wrong. Chase's guide says the Fair Credit Billing Act protects consumers against creditors for unauthorized charges and certain billing errors.
American Express's guide says you can dispute a credit card charge in cases such as a fraudulent charge or an error. So the word covers two doors. One is fraud, a charge you never made. The other is a billing error, a charge that went through wrong. If a charge you do not recognize might have come from someone in your own house, ask first. American Express's guide says to check with additional card members or authorized users if you see a charge you do not recognize.
When you can dispute a charge
Regulation Z lists what counts as a billing error. A charge not made by the cardholder or someone allowed to use the card is one. The Fair Credit Billing Act says a charge for the wrong amount is one too. So is a charge for goods or services not accepted or not delivered as agreed. A payment or credit the statement fails to show properly counts. So does a math error the card issuer made on a statement. Regulation Z also covers a charge the cardholder asks the card issuer to explain, with documents as proof.
One thing is left off the list. Regulation Z does not treat a complaint about the quality of something the cardholder accepted as a billing error. The Consumer Financial Protection Bureau says defective goods or services may need a different dispute process.
Timing matters. Chase's guide says you can only dispute charges that have already been posted.
How to dispute a charge: step by step
The Consumer Financial Protection Bureau says to call the card company about a problem charge right away. American Express's guide says options for disputing a charge may include contacting your credit card issuer or logging into your online account.
But a call alone is not enough. The Consumer Financial Protection Bureau says the cardholder must also send a written billing error notice to protect their rights. Chase's guide says for billing error disputes you can send a letter to your credit card issuer and may use certified mail for proof.
Before you file, gather your proof. Chase's guide says you should gather receipts, photos and merchant communications as evidence before disputing a charge. The Consumer Financial Protection Bureau says to keep copies and write down the dates of follow-up calls.
Do you have to contact the merchant first? Regulation Z's interpretation says a consumer does not have to notify the merchant first before sending a billing-error notice to the creditor. Regulation Z says a cardholder need not contact the seller first about goods or services not delivered as agreed. For a closer look at the steps, see how to dispute a charge.
What to include in your written billing error notice
Regulation Z gives the cardholder 60 days to get a written notice to the card issuer. The clock starts when the card issuer sends the first statement that shows the error. The Fair Credit Billing Act also counts the sixty days from when the card issuer sends the statement.
The notice must reach the address the card issuer gives for billing errors. It must let the card issuer identify the cardholder's name and account number. It should give the error's type, date and amount, and why the cardholder thinks it is wrong. Regulation Z defines the disputed amount as the dollar amount the consumer says is in error.
A few fine points. Regulation Z lets a card issuer refuse notices written on the payment slip, if its billing rights statement says so. Regulation Z says a notice sent electronically counts as written, if the card issuer says it accepts notices that way. If you want the full anatomy of the claim itself, read about the dispute transaction.
Your protections while the dispute is open
Once the notice is in, the law shields you. Regulation Z says the cardholder need not pay the disputed amount or its related charges during the dispute. It bars the card issuer from trying to collect the disputed amount during the dispute, such as in court.
Autopay gets a rule too. Regulation Z says card issuer autopay must skip a disputed amount if the notice arrives 3 business days before payment. And holding back a disputed amount cannot add finance charges to the rest of the balance.
Your credit is protected. Regulation Z bars the card issuer from reporting the cardholder as late for not paying the disputed amount. It lets the card issuer report that an amount is in dispute. Chase's guide says credit card disputes do not hurt your credit score. The issuer also cannot close or limit your account because you used these rights in good faith.
Two limits are worth knowing. Regulation Z lets the card issuer collect the part of the bill not in dispute. It also lets the card issuer count the disputed amount against the credit limit. American Express's guide says failing to make at least the minimum payment could mark your account as late and hurt your score. So keep paying the rest of the bill.
How long the card issuer has to resolve it
Regulation Z gives the card issuer 30 days after it receives the notice to confirm it in writing. That written reply is dropped if the card issuer resolves the error within those 30 days. Then the issuer gets 2 complete billing cycles after it receives the notice to resolve the error. Regulation Z says the card issuer must resolve the error no later than 90 days after it receives the notice.
What happens after the decision
If the issuer finds the error, Regulation Z says it must fix it, credit the account and send a correction notice. The CFPB says the charge must be removed from your bill if the card company finds you are correct.
If it finds no error, the CFPB says the card company must tell you in writing why the bill is correct. Regulation Z says a card issuer that finds no error must explain why in writing. It must send copies of its proof if the cardholder asks. The Consumer Financial Protection Bureau says a card company that finds no error must say how much is owed and when.
Regulation Z says a card issuer must do a reasonable investigation before it finds there was no error. It bars denying a claim only because the cardholder did not sign a sworn statement or file a police report. The Fair Credit Billing Act says a card issuer cannot deny a claim of goods not delivered unless it finds they were sent.
If the issuer never explains in writing why there was no error, Regulation Z says it generally must credit the disputed amount. And if you still owe money, Regulation Z gives a cardholder who still owes at least 10 days to pay before a bad credit report. The clock starts when you could be expected to have received notice of the amount owed. American Express's guide says that once a dispute is resolved, you may need to pay if you are found responsible for the charges.
What a dispute does not cover
A dispute is not a refund button for buyer's regret. Quality complaints about things you accepted are outside the billing error list. And a dispute is not the only path. American Express's guide says you may be able to get money back if something you paid for was never delivered or arrived defective or damaged. The Consumer Financial Protection Bureau says defective goods or services may need a different dispute process.
Can you dispute a charge you already paid? The Consumer Financial Protection Bureau says a charge already paid can still be disputed. But it says money already paid likely comes back only after the card company agrees with the cardholder.
If you find there was no error after all, Regulation Z lets you withdraw the notice by phone, electronically or in writing.
To see how this claim looks from the shop's side, read about the chargeback. To go deeper on filing one from start to finish, see how to dispute a credit card charge. The CFPB says you can find or request your agreement at your credit card company's website or the CFPB's Credit Card Agreement Database. It also says to check your agreement to review your rights about unauthorized charges.
Sources
- How to Dispute a Credit Card Charge
- How do I dispute a charge on my credit card bill? | Consumer Financial Protection Bureau (CFPB) (Consumer Financial Protection Bureau)
- How to Dispute a Credit Card Charge | Chase
- § 1026.13 Billing error resolution. | Consumer Financial Protection Bureau (Regulation Z)
- 15 U.S. Code § 1666 - Correction of billing errors | U.S. Code | US Law | LII / Legal Information Institute (Fair Credit Billing Act)