SUMMARY
This chapter is excerpted from the 2013 edition of Consumer Law in Oregon, which will enable you to protect your clients' financial interests and advise them about available rights and remedies. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 21
FAIR CREDIT BILLING ACT
Bret Knewtson
§21.1 INTRODUCTION
§21.2 ESSENTIAL ELEMENTS
§21.2-1 Elements Applicable to All Claims
§21.2-2 Prompt Notification of Returns and Crediting Refunds
§21.2-3 Billing-Error Claims Generally
§21.2-4 Varieties of Billing Error
§21.2-5 Billing-Error Resolution Procedures
§21.2-6 Right to Assert Claims and Defenses Against Card Issuer—FCBA’s Anti-Holder-in-Due-Course Provisions
§21.2-7 Cardholder’s Liability for Unauthorized Use of Credit Card
§21.3 TYPICAL PARTIES AND FACT SITUATIONS
§21.3-1 Cardholder Refuses Delivery of Incorrect Item
§21.3-2 Cardholder Refuses to Pay for Defective Merchandise
§21.3-3 Card Issuer Fails to Credit an Account
§21.3-4 Periodic Statement Contains a Computational Error
§21.3-5 Liability for Unauthorized Use
§21.3-6 Claim Against Card Issuer—FCBA’s Anti-Holder-in-Due Course Provisions
§21.3-7 Cardholder Can Assert Billing Error
§21.3-8 Seller Fails to Transmit Credit to Card Issuer
§21.3-9 The Debt Collector’s FCBA Fallacy
§21.4 ADVANTAGES
§21.5 DISADVANTAGES
§21.6 REMEDIES AND DAMAGES
§21.6-1 Forfeiture of Disputed Amount
§21.6-2 Civil Damages
§21.7 DEFENSES
§21.7-1 Limitation Periods
§21.7-2 Insufficiency of Notice
§21.7-3 Correction Right
§21.7-4 Bona Fide Error; Reliance on Federal Regulations
§21.8 PLEADING AND PRACTICE
§21.8-1 Relation Between Billing Errors and Asserting Claims Against the Card Issuer
§21.8-2 Jurisdiction
§21.8-3 Pleading
§21.8-4 Statute of Limitations