Debt Validation and too much Information

Discussion in 'Credit Talk' started by nixiejean, Jun 13, 2015.

  1. nixiejean

    nixiejean Member

    I finally (after 2 months) received my DV from a CA. Most of our collections is through the same company. However the collection sent a medical list of services with diagnosis numbers along with the validation. I expected to just have dates and account numbers not the entire medical account of service.

    My original goal was to do PFD and move on. But does this violate anything or should I stick with the PFD?

    My understanding was they couldn't release the specifics of said medical occurance to the CA.

    What should my next move be? These are collections under my husband and my own names.
     
  2. Bbiendayer

    Bbiendayer Member

    Stick with PFD.
     
  3. jam237

    jam237 Well-Known Member

    It may be a major violation of HIPPA.

    While most HIPPA privacy practices documents will have a billing purposes exception, which may include collection agency activities; they are required to share the LEAST information possible.

    If it was me, I would contact the medical provider telling them that I am shocked at how cavalier they were with sharing my complete medical history, including diagnosis codes with the CA, in violation of HIPPA.

    Is the company reporting on your credit report? If so, is the credit report tradeline correctly flagged as being a MEDICAL account? Is any medical information showing to third parties who obtain your credit report?

    If the answer to any of these questions is yes, then I would likewise challenge the CA, and CRA for violating both the FCRA and HIPPA, both require preventive actions to be taken to prevent personal medical information from being visible on your credit report. That includes even the ORIGINAL CREDITOR NAME if the ORIGINAL CREDITOR NAME conveys information about a possible diagnosis.
     
  4. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    I'm curious to hear if you made any progress with these medical collections nixiejean. Would you be willing to come back and let us know how things progressed for you, and I'd love to try and help from here on out. Hope to hear from you soon.
     
  5. nixiejean

    nixiejean Member

    I did actually. We have been trying for a PFD for all collections and we went from over $2000 in collections down to 700 for an old collection I'm just sending a new letter out for. So one left. Whew.

    The ones you question sent a full list of medical codes and the like. So I sent a PFD and when I didn't hear within their required time I sent another. I recently pulled our reports again since we want to buy a house this spring... And they removed them. Not entirely sure why the collections were dropped but I suspect it was because it was a violation.

    Now I just have to fight with us bank on an old old account that was paid but decided to report as a new charge off.
     
  6. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Wow, you've made some great progress! Congratulations! Feels good to clean up those credit reports, eh? Interesting to hear that the medical collections were removed after your second letter, even though they never actually responded to you. Hopefully it stays that way and they don't magically reappear.

    Best of luck working on the old paid off account that's been reported as a new charge off too. Have you decided on a particular strategy for that one as well?

    Also, if you have any questions regarding your credit as you approach the home buying process this Spring, feel free to ask. I've gone through that process may times and would be happy to help.
     

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