My friend just had a situation happen and I am unsure of where to look for the answer. She has an unpaid medical bill with a former doctors office. She recently switched doctors to another office in another town and requested that her sons medical history be transferred to the new doctor. When they sent the information to the new doctor, they also sent the bill showing that it is now in collections to the new office. Does the doctors office have the right to do this???
If both doctors belong to the same insurance group, then it could be argued that they have a business relationship and the bill is legitimate information. Also, the fine-print she may have signed on the admissions form may have given away her rights. If there is no business relationship between the 2 doctors, then it is quite possible that they have violated the FDCPA for communicating the debt to a 3rd party from the FDCPA § 805. Communication in connection with debt collection [15 USC 1692c] 3(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.
Hi. Thank you for your response. It turns out that yes, the two offices are affiliated with each other. I guess that gives them the right to do what they did. Again, thank you for your help.
