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Posts tagged as “FCBA”

3rd Cir. Reverses Dismissal of FCBA Billing Error, TILA Unauthorized Use Claims

The U.S. Court of Appeals for the Third Circuit recently reversed the dismissal of a consumer’s complaint for unauthorized use of his credit card, holding that he stated claims for relief under the federal Fair Credit Billing Act’s correction of billing errors provisions, and the federal Truth in Lending Act’s unauthorized-use provisions. In so ruling, the Court held that: When “a creditor removes a disputed charge from a billing statement and later reinstates that charge, the 60-day period in which a consumer must file a written dispute begins when the consumer receives the first statement reinstating the charge.” “A cardholder…

10th Cir. Affirms Dismissal of Fair Credit Billing Act Claims Due to Paid Off Balance

The U.S. Court of Appeals for the Tenth Circuit recently held that a consumer had no claim under the federal Fair Credit Billing Act (FCBA) where he had already fully paid the balance of his credit cards, because after full payment there was no “credit outstanding.” A copy of the opinion in Hasan v. Chase Bank USA, NA is available at:  Link to Opinion. The plaintiff consumer used a credit card from a bank (“Bank One”) to pay $689,176.92 to a company for the future delivery of wine.  The consumer used another credit card from another bank (“Bank Two”) to…

CFPB Unveils Online Credit Card Complaint Form – “Form over Substance”

On Day Two of the Consumer Financial Protection Bureau (“CFPB”), it unveiled its online Credit Card Complaint form. It is available here: http://tinyurl.com/3o9p8pr. Enter a complaint and the CFPB says “We’ll forward your issue to your credit card company, give you a tracking number, and keep you updated on the status of your complaint.” In keeping with the  unique look of the CFPB’s website, the form is neat, sleek and real simple, but there’s a problem – credit card holders may lose important rights when deciding to use the CFPB’s portal as their only form of making disputes. Credit card…