Missouri Disputed Open Account Settlement
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FAQ
A Missouri lawsuit starts by filing a petition. A petition states the facts of a dispute, which are typically briefly described in chronological order in numbered paragraphs. The petition must state enough facts to show that the plaintiff has a viable cause of action against the defendant.
The FCBA protects consumers against inaccurate or unwarranted charges. Cardholders have protection against liability for fraudulent charges under FCBA if their credit card details have been compromised in a data breach or if they discover a thief has gained access to their credit details.
The Act requires creditors to give consumers 60 days to challenge certain disputed charges over $50 such as wrong amounts, inaccurate statements, undelivered or unacceptable goods, and transactions by unauthorized users.
If a person is authorized to use a card but makes unauthorized purchases with it, those charges are not covered by the Fair Credit Billing Act, and the cardholder is liable for them. Consumers can challenge the results of the lender's investigation within 10 days.
If your rights have been violated under the Fair Credit Billing Act, you are entitled to your actual damages, statutory damages up to $5,000, and possibly punitive damages if the creditor has a history of violating other consumers' rights in the same way.
The FCBA applies only to billing errors on ?open-end? accounts, like credit cards and revolving charge accounts. It does not apply to debit card transactions or disputes involving installment contracts with a fixed schedule of payments, like those used to buy cars or furniture.
