Not for the disputed amount while a timely billing error dispute is pending. Under the Fair Credit Billing Act, the card issuer may not report that amount as delinquent until it completes its investigation and gives you time to pay. You must still pay undisputed charges.
The Fair Credit Billing Act, part of the Truth in Lending Act, protects you when you dispute a billing error on a credit card or other open-end credit account, such as an unauthorized charge, a wrong amount, or goods you paid for but did not receive.
How to trigger the protection
Send a written billing error notice to the address the card issuer lists for billing errors. The issuer must receive it within 60 days after it sent the first statement showing the error. Calling alone may not be enough to preserve these rights.
The issuer must acknowledge your notice in writing within 30 days, unless it fixes the problem sooner, and must resolve the dispute within two complete billing cycles, and no later than 90 days, either by correcting the error or by sending a written explanation after investigating.
What the issuer cannot report
Under 15 U.S.C. § 1666a(a), once you send a proper notice, the issuer may not threaten to report you adversely, and may not report the disputed amount as delinquent, until it has met its investigation duties and given you at least 10 days to pay (or longer if your card agreement allows more time).
If you still disagree after the investigation
If the issuer decides the charge is valid and you send another written notice, within the time allowed to pay, saying you still dispute it, the issuer may report the amount as delinquent only if it also reports that the amount is in dispute. It must tell you the name and address of everyone it reported to, and later report how the dispute was resolved to those same parties.
Keep paying the rest
These protections cover only the disputed amount. You still need to pay at least the minimum due on undisputed charges to avoid late payments.
If you were reported late anyway
Gather your billing error letter and proof of delivery, then dispute the late payment with each credit bureau. The bureau must forward the dispute to the issuer, which must investigate.
If a card issuer reported a disputed charge as late in violation of these rules, a free case review can help, with no fee unless we win.
Related
- Capital One lawsuit guide
- Chase lawsuit guide
- Synchrony lawsuit guide
- How to Remove a Late Payment From Your Credit Report, and When You Can't
Sources
- 15 U.S.C. § 1666 (Cornell LII): correction of billing errors
- 15 U.S.C. § 1666a (Cornell LII): regulation of credit reports
- 15 U.S.C. § 1681s-2(a)(3) (Cornell LII)
- FTC: Using Credit Cards and Disputing Charges
Updated November 2026. This page is general information, not legal advice.