Illegal Medical Colllection Report? Hi All, I have a paid medical collection ($170) from Dec-05, paid Dec-07. Unfortunatly it seems the dates and ammount are reported PERFECTLY in all three reports. Being that it was originally from a small walk in clinic in my home town, is there any way to exploit the likely inexperienced billing team. Can the OC tell the CA to change the report? Anyone heard of "Credit Information Bureau" in Warwick RI?
I've been doing a little research, and came across some information on FACTA. It states that the CRA's cannot report certian medical information including the name of a medical provider. If I understand it correcly, then since the paid collection account I have is being illegally reported since it displays the specific name of the walk-in clinic as the original creditor. Could I use a litigous nutcase defense using this??? Any opinions?
The medical provider is only viewable to you. It is masked otherwise. Moreover, there are no private causes of action under the FACTA amendments to the FCRA. You can only sue a furnisher under 1681s-2b and that would apply to the debt collector here. You already have a FDCPA violation insofar as their name is illegal unless they are really a credit reporting agency. Use that as leverage.
It's illegal to call themselves "Credit information bureau" since it may be misleading? Also, upon further investigation, I found that they list the date of 1st delinquency as Oct-2005, when the actual visit was in Feb-2005. Their policy says that payment is due at the time of service, so that 8 month window could be considered re-aging right? I think I'm going to try a HIPPA/FCRA nutcase letter, stating that they cannot report false information, and have no right to transmit my medical information to correct it since it is already Paid in Full. I already drafted the letter yesterday, and plan to send it today, unless anyone thinks that that defense may be a bad idea?
In most cases. Equifax is bad to mark the Creditor Classification has Retail as opposed to Medical...it is then viewable by anyone. If it has an 01 or 02 in front of the name, it generally isn't visible.
Sent HIPPA Nutcase letter Monday They received it Tuesday. Aparently they sent me a CMRR on Wednesday. I'll go pick it tomorrow morning. Good or Bad??
