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New Hope In the battle against JDBs

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Hope for the future;

https://www.miamiherald.com/news/health-care/article239075338.html

 

The ruling by U.S. District Judge Rodolfo Ruiz, who was appointed by President Donald Trump in May 2018, could weaken one of the most common defenses debt collectors use in federal court: that they were simply relying on the information a medical provider gave them and therefore aren’t responsible for sending an erroneous collection notice.

In his order, Judge Ruiz said the debt collector was “not entitled to simply rely on the presumption that all debts referred by the medical center are validly due and owing.” The decision is currently being appealed to the 11th U.S. Circuit Court of Appeals in Atlanta.

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Facts of that case are appalling...hopefully it gets bounced on appeal.  I might have had some manner of sympathy had the consumer ever disputed, but they didn't.  They got a letter and did nothing.  Further, once the employer's carrier had contacted the third-party entity, all efforts ceased.  The contract the third-party had with the provider called for there to be referrals only on matters "validly due and owing" and a provider SHOULD know that workers comp claims would not have fit into that category. 

 

In other words, the actions were not unreasonable.  One can only hope a Court with a proper mindset recognizes this and reverses.

 

What IS unreasonable is to expect a placement office to have to investigate each and every matter before a letter is mailed.  Things like this will further drive medical costs upward!   

 

Of course the entire thing could have been avoided many months earlier if the consumer had actually, oh I don't know...exercised their right to dispute which was, by their own admission, clearly noted on the letter.  Had they done so, this never gets into a court to be screwed up...

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For those who have posted support for the CAs ( I have her blocked so I am assuming that is what she said) Please be advised that this forum is supposed to be on the side of consumers not the collection agencies.

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