Section 703. Notice of error and response  


Latest version.
  • If a creditor, having transmitted
      to  a  consumer a statement of the consumer's account, receives from the
      consumer at an address designated therefor by the creditor in accordance
      with section seven hundred five of this article, within  sixty  days  of
      the  mailing  of  said  statement, a written notice, on a document other
      than a document provided by the creditor to accompany  payment,  setting
      forth  sufficient  information  to  enable  the creditor to identify the
      consumer and the account,  the  amount  and  transaction  shown  in  the
      statement  which  the  consumer  in  good faith believes to be a billing
      error, and the facts providing the basis for the consumer's belief  that
      the statement is in error; the creditor shall:
        1.  Not  later  than  thirty  days after receipt of the notice, mail a
      written acknowledgment to the consumer; and
        2. Not later than ninety days after receipt of the notice and prior to
      taking any action to collect the amount believed by the consumer to be a
      billing error, (a) make appropriate corrections in the  account  of  the
      consumer  and  mail  to  the  consumer a written notice stating that the
      amount believed to be in error has been corrected and will be  shown  on
      the  next  statement mailed to the consumer or (b) send a written notice
      to the consumer setting forth the reasons why the creditor believes  the
      account of the consumer was correctly shown in the statement; and
        3.  Not  communicate  unfavorable  credit  information  concerning the
      consumer to any person, including but not limited to credit  bureaus  or
      credit  reporting agencies, based upon the consumer's failure to pay the
      amount believed by him to be a billing error,  until  the  creditor  has
      complied with this section.