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What hippa letter to ca and where to file complaint


kman1011
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Ok I just received "validation " from a ca on some medical bills, its detailed treatment information which is an obvious violation. What is the next step, does anyone have a letter they think would work well? I don't care about making any money off the bill but I want the debt to go away.

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Well HIPPA is out, since you forfeited that by talking to the CA about it. Get a privacy lawyer and go after the OC for divulging your medical treatment records to an unauthorized 3rd party.

As for the validation, is it complete? Does it have full accounting from the first penny to the last with posting dates for all charges and payments? Did they include copies of all the bills mailed to you? Did they include a copy of their contract with the OC giving them the authority to collect or showing that they bought it? Did they include a copy of their professional license to operate collections (if your state requires it)? A no to any of these means that the validation is not complete. Screen shots and computer print-outs are not acceptable.

Check your CR. Is the entry listed as disputed? Did they send an update to your CR? Did they change the DOLA? If it's not listed as disputed or they tampered with the DOLA is a big no-no on their part.

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it shows summary of charges some of the contracted write off rates, and a few other things. No copies of any bills mailed to me tho. Do you have a specific letter you would send to this collector at all, or just make one up and specify those are things I need from them? It is not listed on my cr tho(yet)

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I, personally, would not give them a second chance since the FDCPA doesn't have provisions for second chances in it.

Wait the full 30 days from the time they received your DV letter before responding just in case they send a followup package with the missing docs. After 30 days, you can send them a letter stating that the documents they provided does not comply with the requirements set down in case-law (Spears v. Brennan if I remember correctly). They are fully aware of what they are supposed to provide so don't do their work for them by giving them a list. Check your CR just before sending this and see if they are reporting it as disputed or not. If not, lump that FCRA violation on top of the FDCPA violation for continuing collection activities without providing proper validation. Tell them that their continued non-compliance with the law will not be tolerated and that they 15 days to remove the tradeline before you file suit for $4000 (assuming they put it on all 3 reports).

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