Challenging Medical collections with Texas DV.

Challenging Medical collections with Texas DV.Challenging Medical collections with Texas DV.
LashesProDags asked 4 years ago

Long time reader and finally decided on how to approach my medical collections. I’m looking for some advice on my next steps. I mailed some DV letters last week Friday with CRRR and today I received a letter back from Alliance Collection Agency out of Wisconsin. I am a Texas resident and from what I gather, they need to validate all the aspects of the Texas Finance code. Here is the letter I sent them. What the CA sent me in reply to my letter is an itemized list of medical procedures with balances and dates. Now that I read their response letter, I’m now concerned with HIPPA violations as well. I’m not familiar with HIPPA at all, but from what I think I know, the CA should not have access to what procedures I may or may not have had done. Beside the HIPPA, the only thing they tried to validate is the charges, dates and procedures. No surety bond info and no transfer of debt info. Clearly I invoked the Texas law, and not the FDCPA. Maybe they are tied together some how, I’m not sure. I’m looking for some guidance for my next plan of action. If you would like the CA’s response letter I can get that as well. Thanks a bunch.

November 12, 2015 Credit Bureaus Account Reference #*******

 

To whom It may concern,

 

  I request validation of this debt per Texas Finance Code Section 392.202 which requires a debt collection agency or credit bureau to provide the alleged debtor with specific information concerning their debt including but not limited to:

  For the purpose of validation provide me with:·The name and address of the original creditor·The original date of default or non-payment of the debt with original creditor·The date the debt was transferred from the original creditor to the third party debt collector·The original balance·The current balance·Any fees added by your agency. Sec. 392.303 (a)(2)·Texas Surety bond information as required by Sec. 392.101

 Please note Transunion, Experian, and Equifax are bonded in the state of Texas and are required to comply with Texas Finance Code. If a debt collector has failed to respond to your debt validation request, then they have essentially admitted, per Texas Finance Code 392.202(b)(2), that the debt in question is inaccurate.Per this requirement you must delete this trade line if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 (d)(1)

 Also per Texas Finance Code 392.202 Correction of third -party debt collector’s or credit bureau’s files.

I request immediate notification by mail if this alleged debt is sold or transferred per Sec. 392.301 (a)(4).

 Please reply with your response via US MAIL.Please note I am fully prepared to pursue my rights for the harm this inaccuracy has done to me. Sec. 392.403. CIVIL REMEDIES. (a)

A person may sue for: 

(1) injunctive relief to prevent or restrain a violation of this chapter; and(2) actual damages sustained as a result of a violation of this chapter.

 

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