Credit
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| Credit Cards: No person which accepts a credit card for a consumer transaction shall require the credit card holder, as a condition of using a credit card in completing the consumer transaction, to provide for recordation on the credit card transaction form or any other form, any personal identification information that is not required by the issuer to complete the credit card transaction, including, but not limited to, the credit card holder's address or telephone number, or both; provided, however, that the credit card holder's telephone number may be required on a credit card transaction form if the credit card transaction is one for which the credit card issuer does not require authorization. (Sec. 56:11-17.) In the event of a billing error on a credit card statement, a consumer may, within 60
days of the mailing of said statement, send a written notice to the credit card issuer
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. Upon receipt of such written notice,
the creditor shall within 30 days after receipt of the notice, mail a written
acknowledgment to the consumer; and not later than 90 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: (1) 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 (2) 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. In addition, a credit card issuer may 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. (Sec. 56:11-1 et seq.)
The New Jersey Fair Credit Reporting Act (Sec. 56:11-29 et seq.) essentially
mirrors the Federal Act, as amended by the Consumer Credit Reporting Reform
Act of 1996.
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| The New Jersey Statutes are linked here. Always discuss actual cases with your actual legal advisor or legal department. The State Bar of New Jersey is linked here. | |