Has anyone heard of this before?

I have an SNET (Connecticut phone) on my report from 6 years ago. It never went to a CA and they continue to verfiy over and over...
I had offered to pay years ago if they would remove the tradeline to no avail.

 

bump - courious about the utility thing as well

 

James,

Can you email the source of the information and ask for the reference? Or post a link.

Sassy

 

Creditinfocenter.com


http://www.creditinfocenter.com/debt/neg_rating_after_settle.shtml

I almost posted on this today. CIC doesn't do a very good job of substantiating this information.

The paragraph insinuates that it's illegal for these OC's to place a derog.

And then ... eloquently DROPS the issue.

I'm not so sure about this.

lol

Whatcha think Sassy?

 

The only *negative* on my report is an old collection from a Utility company from 1997. I've disputed it several times, and it comes back verified. I sent in another dispute during CHOD we will see what happens. It will come off in about 16 months anyway. But it still looks bad on there. It says it is OPEN, which it isn't, I paid them off a long time ago. It's only for 100.00 and it does say, the name of the utility company on my report.
This is the original creditor. I've had utilities on in my name since this time, and I never put up a deposit. Keeping my fingers crossed, and waiting to see.

Monanell

 

<bump>

 

I have a collection account from a medical provider that is paid on EQ that keeps coming back as verified. Date of service and date that CA places account is like 3 months time span. I guess my next move is the nutcase on this?

 

I don't know, fave Butch growling dude ;-)

I'm not seeing it on Kristy's site that you linked, but then again my coffee pot decided to die this morning so I'm not seeing much of anything yet.

I'm hoping Kristy will post and tell us where that comes from.

The utility companies my way say they are exempt from the FCBA specifically, FCRA and FDCPA, because they are governed by a state corporation commission. Maybe that has something to do with de-regulation. I have an old cable bill reporting, pending deletion at the moment, but it's through a CA and not the OC.

Medical, hmmmmm, this was why I did the C13 and I've never had a doctor or hospital or any other service provider report directly, only through CA's.

Medical, I think, may be privacy issues. I don't know why utilities don't report directly, but am curious. I don't think there's anything preventing them from doing so, they pull reports to establish accounts. Other than, if they are going to report then they become subject to the rules.

I don't think there's anything preventing anyone from reporting if they want to; I can report as a Landlord and pull reports -- doing so subjects me to the reporting rules.

It's interesting that the quote says medical and utility OC's can't report, only through a CA, and that is generally how they show up on reports. If that's true though, I'd really like to know why and where that's from.

Hoping Kristy will give us the scoop and share where that comes quote comes from.

Sassy

 

I have a utility bill on my TU report, they refuse to reinvestigate, whatever, anyway, on her board it says that the OC utility cant report, but the CA can. And I ma not sure if CATV is considered a utility, I kow they are not a public utility.

 

Now THAT is a disaster.

 

BUMP

 

Hey, somebody email me when you guys have a question like that! (I think it's on.)

This is where I got this info regarding medical stuff and my apologies for lumping the inclusion of utilities into this.

In general, utilities don't report to credit bureaus (because it costs them money and it's cheaper to hire a collection agency.) But they can. Doctors don't report to credit reports, but their collection agencies do, which seems kind of gray to me.

Damn you guys are good, I will fix the site ASAP!
Kristy

 

Oh, damn, and here I thought I was going to be able to have a field day with Louisiana Gas being reported on DH's reports. I got the CA removed, but can't seem to get the paid charge off notation from the gas co. off just yet. We'll see what happens with CHOD.

 

Nodding with you, Kristy on the medical bills.

Hmmmmmm, EMAIL!!!!!!! We should have thought of that, LOL.

Anyway, This is all the FCRA has to say about medical information:

(i) The term "medical information" means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities.

(g) Furnishing reports containing medical information. A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information about a consumer, unless the consumer consents to the furnishing of the report.

Somewhere, and I'm not remembering where while typing this, but I'll find it, information is deemed to be anything, even the doctor's or hospital's name.

FDCPA:

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

The FCRA requires specific consent for the release of medical information and FDCPA prohibits 3rd party communications..."a consumer reporting agency if otherwise permitted by law..."

If you are in a state that deems medical records confidential, the reporting isn't otherwise permitted by law.

I have come to believe it is that simple, just not the practice of most medical providers and their CA's. Beyond that, the truth is, CA's can't validate because they aren't allowed to have your medical records and information, and, in order to validate they have to get it. That's a double-edged sword for them.

The argument previously has been, what about those blanket authorizations we sign at treatment, who can remember if authorization was given for reporting???? I say, request that documentation then and make them provide it.

Once the HIPAA is effective, business associate agreements are required of others, such as billing/collection that work with medical providers and they have to maintain confidentiality (there's nothing NOW requiring that however), and the provisions specifically allow reporting by CA's.

Check your state laws and challenge medical tradelines based on breach of privacy, request those authorizations, and don't sign any blanket authorizations!

Medical bills though, for me anyway, have been the easiest to have removed, just by requesting validation and disputing.

Anyway, here's some old links, good reading if you are interested in the subject and important anyway with the passage of the HIPAA:

Are medical bills private: http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=26415

Medical collections impermissable: http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=23942

Validation returned: http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=30687

Medical collections discussion: http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=30726

Marie, Inquiry lawsuit: http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=26027

Sassy

 

Actually, Kristy, you may just be the perfect person to help me with what I've happened upon!!!! Marie too, I'm curious what she thinks.

The HIPAA has been enacted, providers are in their compliance phase though it's not mandated yet (extended) due to the number of changes it requires.

Anyway, here's the important part:

As passed, the HIPAA (you are familiar with it and its requirements?) requires services providers -- Doctors, hospitals, clinics etc., to have "business associate" agreements with others that provide services for them, that includes billing firms, CA's etc. The agreements provide that the information shared will be maintained as confidential. The HIPAA protects identifying and health information. Consents and authorizations are required for specific designated things, both are separate, they aren't interchangeable.

As passed, HIPAA authorizes the use and disclosure of protected health information (â??PHIâ?) where â??required by law,â? but not where â??permitted by law.â? This is HUGE for those of us having medical negatives on our reports, HUGE!

The FCRA, FDCPA (as noted in post above), FCBA, TILA, and state laws provide that companies are â??permittedâ? but not â??requiredâ? to do certain things, like reporting debts to a CRA for service providers.

As it was passed, HIPAA conflicts with the federal and state laws making reporting where "permitted" allowable because HIPAA says "required." There's no state or anything else that I know of (ok, well maybe Fannie and Freddie Mae, but that's to Innovis anyway) that REQUIRES CRA reporting!

So, in a nutshell, reporting of protected information under HIPAA isn't allowed because nothing requires it and that's the key word.

Here's the section from the HIPAA:

Section 164.504(e)(2)(ii)(A)

(e)

1. Standard: business associate contracts

2. Implementation specifications: business associate contracts. A contract between the covered entity and a business associate must:

i. Establish the permitted and required uses and disclosures of such information by the business associate. The contract may not authorize the business associate to use or further disclose the information in a manner that would violate the requirements of this subpart, if done by the covered entity, except that:

A. The contract may permit the business associate to use and disclose protected health information for the proper management and administration of the business associate, as provided in paragraph (e)(4) of this section; and

B. The contract may permit the business associate to provide data aggregation services relating to the health care operations of the covered entity.

ii. Provide that the business associate will:

A Not use or further disclose the information other than as permitted or required by the contract or as required by law;

Here's the link to the regulations: http://www.hipaadvisory.com/regs/finalprivacy/504.htm

To read all the regulations, click on content at the end of that page.

There's lots of other links to other pages, the official summaries and the like in the links posted in the previous threads.

The ACA tried to get this changed to "...or as permitted or required by law;" but it DIDN'T HAPPEN! so it was passed with "required."

This is really important for those of us with medical derogs!

Sassy

EDIT: Sorry that didn't format right, it was a cut and paste from the regulations themselves. From that page it is Section 164.504(e)(2)(ii)(A)

 

Sassy, You are awesome!! You need to be a paralegal if not a lawyer. Charlie

 

((((((((((Charlieeeeeeeeeeeeeeeeeeee))))))))))))),

You've such a way with words, thanks!

I'm excited about this one. It makes me want to go to the doctor just to get a bill, LOL.

Sassy

 

What kinda doctor? I've been known to play a doctor once or twice. Charlie