Legal Question in Credit and Debt Law in California

TILA and CA Code regarding Billing Errors

I had submitted a letter to my credit card (Visa) back in May 2001 detailing what was a billing error on my card for a substantial amount. In early June they requested and I responded with more information. In early July they rendered their verdict by crediting my account for the full amount and announced that their investigation found in my favor. However, in late October, nearly 5 months after my letter, they debited my account for the full amount and declared that after further review they found that the transaction was valid. I have written several letters and spoke to many of their representatives, but they insist that they will not change their FINAL decision. I have even cited to them both Federal and California law showing them that they are wrong and have no right to change their minds after such a long period of time (both the Truth In Lending Act and California Code 1747.50 state that). This is aside from the fact that the transaction was invalid. California Code 1747.50 seems to declare that a credit card company must resolve the dispute within two complete billing cycles. Is my only recourse to take them to court? Is there any other means to end this debacle? Thanks in advance for your advice.


Asked on 1/17/02, 1:11 pm

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: TILA and CA Code regarding Billing Errors

You should carefully read your agreement with the card company to see if disputes "must," the term usually used, be referred to arbitration. If so, you cannot go to court, but must arbitrate. If you are asking whether there is an administrative agency which might adjudicate the dispute, I am not aware of any, but if you have found administrative rules governing card companies, ask the agency promulgating such rules.

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Answered on 1/17/02, 2:37 pm


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