AmeriCollect – CFPB Complaint 2017-06-27

Date Received: 2017-06-27

Product: Medical debt

Issue: Attempts to collect debt not owed

Consumer Consent Provided to Share Complaint: Consent provided

Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX florida XXXX Dear Americollect, Account # XXXX {$120.00} # XXXX {$140.00} After viewing a copy of my credit report, I noticed a collection account placed on my credit report from you in { DATE } for account #. I am requesting that you allow me to validate the alleged debt. I am unaware of any outstanding medical bills that I possess, and I am seeking the name and hospital/medical provider to which I owe the debt and a detailed breakdown of the fees that I owe.

Additionally, I am allowed under the Health Insurance Portability and Accountability Act ( HIPAA ) to protect my privacy and medical records from third parties. I did not give permission to any of my current or prior medical providers to release any of my medical information to a third party. I am aware that the HIPAA does allows the release of limited information about me but anything more is to only be revealed with the patients authorization. Therefore, my request is twofoldvalidation of debt and HIPAA authorization.

Please provide breakdown of fees including any collection costs and medical charges. Provide a copy of my signature with the provider of service to release my medical information to you. Cease any credit bureau reporting until the debt has been validated by me.

Please send this information to my address listed above and accept this letter, sent certified mail, as my formal debt validation request, which I am allowed under the FDCPA. Please note that withholding the information you received from any medical provider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you will be deceiving me after my written request. I request full documentation of what you received from the provider of service in connection with this alleged debt.

Additionally, any reporting of this debt to the credit bureaus prior to allowing me to validate it is a violation of the Fair Credit Reporting Act, which can allow me to seek damages from a collection agency. I will await your reply with above requested proof. Upon receiving it, I will correspond back.

NOTICE OF PENDING LITIGATION SEEKING RELIEF & MONETARY DAMAGES UNDER FCRA SECTION 616 & SECTION 617 Please accept this final written OFFER OF SETTLEMENT BEFORE LITIGATION as my attempt to amicably resolve your continued willful violation of the Fair Credit Reporting Act regarding your refusal to delete all of the UNVERIFIED account information from my consumer file.

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Despite my written requests, the unverified items listed below still remain on my credit report in violation of Federal Law. In the results of your re-investigations, you stated in writing that you verified that these items are being reported correctly? You still have not identified who in your company verified the accuracy of these accounts or how they verified them?

As previously pointed out to you, XXXX Law Dictionary, XXXX Edition, XXXX, defines Verification as, Confirmation of correctness, truth or authenticity, by affidavit, oath, or deposition. Affidavit of truth of a matter stated and object of verification is to assure good faith in averments or statements of a party.

What this means is that your company must be willing and able to produce a document that proves the account ( s ) in dispute belong to me and the information being reported is accurate and you must be able to do this in a court of law. Someone in your company must authenticate the documents in your files that were used to verify the disputed accounts and to do this they must have 1st hand knowledge of the alleged account ( s ) and all that has ever transpired for the alleged account ( s ), under oath and under the penalty of perjury.

Your failure to provide me with verifiable proof required for your company to post the accounts listed below is evidence that it does not exist and therefore is proof that you cant properly Verify the accuracy of any of the disputed accounts. Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verified.

Due to your continued willful disregard of the law I intend to pursue litigation in accordance with the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 if the UNVERIFIED items listed below are not deleted within10 days.

A copy of this letter as well as copies of the three previously written letters sent to you by certified mail with proof of delivery will also become part of a formal complaint to the Consumer Financial Protection Bureau. They will also be submitted as evidence in pending litigation provided you fail to comply with this offer of settlement. The law is very clear as to the civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. In order to avoid legal action I demand that you delete all of the unverified accounts listed below immediately & provide me with a copy of an updated and corrected credit report showing that these items have been deleted.

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Name of Account : Americollect {$140.00} & {$120.00} Sincerly, XXXX XXXX

Company: AmeriCollect

State/Zip: FL 322XX

Company Response to Complaint: Closed with explanation

Was Company Response Timely: Yes

Did Consumer Dispute Company Response: N/A

Complaint ID: 2560425

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