In need of advice on ITS letter.....WHY CHAT!!!

[kleishopper_girl]

To make a long story short....I pulled a CR and found this CA on there for four medical bills. I disputed the accounts with them and the CRA's. January 14th, I rec'd a letter from this CA stating that 3 of the 4 account were being deleted because they were duplicates but the 4th was valid and send payment...blah blah blah.

Along with this letter they sent me a computer printout of this account, which listed pretty detailed procedure names along with payment info. ***(violation I think) Now, I disputed this because there is a $225 charge for a procedure done in August of 2000 which I did not have done. I was living 200+ miles from this doctors office. The other charges were mine. (Now, I was paying for these each month but then stopped getting billed. My god, I thought they were paid.)

 

Saturday, I rec'd a letter from this CA stating that

 

"We are unable to provide any further information to you due to privacy laws and issues. This is the HIPPA law in Pennsylvania. If you need further proof of this debt, please contact your creditor directly and they will be able to give you the information you are requesting. This is your debt as verified by your social security number and date of birth. That is proof that the debt is your account."

 

I am furious. I thing they have violated everything. Could I please get some advice regarding the letter of ITS I have written below. (I am not very good a writing letters)

 

 

February 9, 2004

 

RE: Intent to Sue for violation of my rights under the FCRA, the FDCPA, and the HIPAA Privacy Act

 

Dear Sir/Madame:

 

Once again, you have violated my rights under the Fair Credit Reporting Act and the Fair Debt Collections Practices Act. As I am sure you are well aware, the collection agency can be fined in a court of law for each violation. I have disputed the information your company has reported on my credit file pursuant to the FCRA. The FCRA requires you to provide debt validation of the item within 30 days. Which on two separate occasions, you were unwilling to do so. Therefore, if you are unable to prove debt validation, you are obligated by law to remove the item.

 

You not only have violated the FCRA and the FDCPA, you have also violated the HIPAA Privacy Act. I have written and confirmed proof of this violation and will use it in a court of law.

 

A collection agency is not a “covered entity” under HIPAA. Therefore, by law, in order to report this account to any credit reporting agencies, you must meet all debt validation requests made by me. If you can not or choose not to do so, you must delete all reports to my credit file that you made to all credit reporting agencies pursuant to the FDCPA.

 

I have enclosed a copy of each letter sent to you previously disputing this account. 3002. This will be my third and final attempt via this means of getting my credit report corrected.

 

So, I suggest you delete all reports of accounts with all credit reporting agencies that you have reported to.

 

In the event that you still can not provide validation of this debt pursuant to the FCRA, and you continue to list the disputed item on my credit report, I will find it necessary to sue you for actual damages and declaratory relief under the FCRA. Because the FCRA provides concurrent jurisdiction in federal and state courts, I shall elect to use the Baltimore County District Court to bring appropriate action against you.

 

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA, the FDCPA, and the HIPAA Privacy Act.

 

I look forward to an uneventful resolution of this matter.

 

Sincerely,

 

 

THANK YOU IN ADVANCE TO ALL WHO REPLIED. I NEED ALL THE HELP I CAN GET!!!

[BWiser]

edit

[kleishopper_girl]

FCRA and FDCPA because I have been disputing this account since October with both the CA and the CRA's, and not once did it ever show up that this account was in dispute. And I get a credit report every month.

 

FCRA becuase this account was aged to 2001, when the CA took this account.

 

FDCPA for still trying to collect on a disputed debt.

 

FDCPA for still reporting to the CRA's but can not and/or will not provide debt validation.

 

HIPAA for what I stated in my previos post.

[BWiser]

opps- sorry

[kleishopper_girl]

bumb.....why chat...please

[Why Chat]

I don't know what I can tell you-- There are NO private causes of action under HIPAA, you MIGHT have some claim under your State privacy laws, but I doubt it.

 

As to your ITS on FDCPA and FCRA violations, I don't see where they violated anything, although I may have missed some of your concerns. Unless they are still trying to collect on a debt which is not yours, there can be no FDCPA violation, as to "re-aging" I don't see that either as unless they changed the date of service there is no re-aging as DOLA is a non issue.

 

Why don't you try the HIPAA letter to the OC health provider, assuming you do not owe any amount on any bill, and assuming what you want is to get the entry removed from your reports.

[kleishopper_girl]

So...it was ok for the HCP to fax a detailed statement including names of procedures to this CA on December 29, 2003??

[kleishopper_girl]

and the CA does not have to provide debt validation?

[Why Chat]

If you had a "paper trail" that could PROVE that the OC provided the data to the CA you MIGHT have a HIPAA violation, except that YOU contacted the CA, and YOU asked for validation, so it is not a violation by the CA or the OC.

 

As to correct validation, or the lack of it, being grounds for a civil suit-- as I understand it, if they are returning the account to the OC, they are no longer "collecting" so they do not have to validate. All they have to do is verify the existing information on your credit reports.

 

I always suggest people use the HIPAA letter and NOT contact the CA.