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Sparty23

Starting HIPAA Process

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WhyChat,

I remembered from earlier in the process after the initial disputes were sent, you told me to go ahead and check the Experian results online, so I checked the results just now and they deleted my last medical account. 

 

So at this point it looks like EQ has verified the last account. Where should I go from here? Thanks!

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I am having trouble on the site accessing your earlier posts and my responses.

 

IF Eq is the "last man standing" on a single account and you have disputed it, sent the medical DV and the follow up dispute and Eq has been the ONLY CRA that has not properly deleted then you need to file a CFPB complaint against Eq. ( I assume you checked your Eq report via the "back door to make sure it was still there. If so look to see if it is reporting as "consumer disputes")

https://whychat.me/hipaaftccomp.html

 

If the account is still there and is NOT notated with "consumer disputes" add that information to your complaint.

 

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I cant access the backdoor for EQ for some reason. None of the verification questions ever apply to me so I end up selecting 'none of the above' for all 4 questions and then it wont let me go any further.

 

The snail mail response i got from EQ does say "consumer disputes this account information. Collection account

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Hey WhyChat,

 

How does this sound for the CFPB complaint?

 

On 4/30/19, I filed a proper dispute on an unknown medical account # 266xxxx with CBM Services Inc. On 5/30/19, I contacted CBM Services Inc with a dispute and request for validation on this unknown medical account as per instructions from Equifax. On 6/5/19, it re-disputed with Equifax and included a copy of my dispute/validation letter to CBM Services Inc along with proof of receipt of the dispute. Equifax refusal to properly investigate is a violation of the FCRA and FACTA.

 

Also, when I send the copy of the CFPB complaint to EQ with a dispute, do I use the initial dispute? With the HIPAA verbiage added of course.

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7 hours ago, Sparty23 said:

Whoops, I see now that it's the follow up dispute.

In the link for filing the CFPB complaint there is a suggested format for sending a copy to the CRA together with a copy of your filed dispute (assuming you have made a copy before clicking submit) You should also have received a confirmation # from the CFPB which you should place on top of your copy of the filed complaint.

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Just wanna clarify, I'm sending the follow up dispute from this page:

 

https://whychat.me/ltrcavalhipaa.html#DISPUTE

 

And adding this paragraph to it:

 

"I reserve the right to take further action including filing appropriate complaints with the OCR on HIPAA violations and the (name of your State)'s Attorney General under the penalty rules of the Omnibus Final Rule(09/23/2013) interpreting and implementing provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act), ( your State) 's consumer protection agencies, the BBB and to take civil action to recover damages.
Please note that your Credit Reporting Agency is now subject to Federal consumer financial laws, including, among others, the FCRA and Title X of the Dodd-Frank Act, and related regulations including a ban on “Abusive” Acts or Practices. ( Section 1031 of the Dodd-Frank Act )"

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Posted (edited)

We seem to have a failure to communicate.

You need to send a NEW simple few line letter in your own words stating that you have filed a complaint (copy enclosed) THIS IS A LEGAL NOTICE so you must send it CMRR. DO NOT resend the same follow up dispute you already sent them as you are NOT making an additional dispute but legally notifying them of your filed complaint.

https://whychat.me/hipaaftccomp.html

Send a copy of the complaints with another dispute to each CRA.
Make sure that your follow up dispute to the CRA is addressed to their compliance dept. sent CMRR and includes this phrase;
"I reserve the right to take further action including filing appropriate complaints with the OCR on HIPAA violations and the (name of your State)'s Attorney General under the penalty rules of the Omnibus Final Rule(09/23/2013) interpreting and implementing provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act), ( your State) 's consumer protection agencies, the BBB and to take civil action to recover damages.
Please note that your Credit Reporting Agency is now subject to Federal consumer financial laws, including, among others, the FCRA and Title X of the Dodd-Frank Act, and related regulations including a ban on “Abusive” Acts or Practices. ( Section 1031 of the Dodd-Frank Act )"
.

 

Edited by Why Chat

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Hey WhyChat,

I got the following response from EQ on the CFPB site:

 

Thank you for submitting your complaint on 06/29/2019 through the CFPB Complaint Portal. In your complaint, you indicated there are inaccurate or incomplete items appearing on your Equifax credit report. We initiated an investigation into the items. This process generally requires us to send a request for verification electronically to each of your creditors that reported the information to Equifax, and this can take up to 30 days to complete. Once we receive all of the responses, we will send you a copy of the results and a revised copy of your Equifax credit report.

 

 

Sounds like they are just validating with the CA again, no?

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Perhaps the CFPB complaint will get them to actually get a verification this time. Wait and see.

If not, and they claim that the CA has verified then you will need to file a CFPB complaint against the CA.

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WhyChat,

 

Still waiting to hear back from EQ on this but I'm wondering if I can dispute a non medical collection at this point? Medical collection is only reporting on EQ and the non medical is only reporting on TU and EX so would I be ok to dispute it?

 

Thanks!

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