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What are the privacy laws re: dealing with CAs


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I've been dealing with a CA that is going to play hardball.  Actually, it's on my ex-wife's credit and I'm helping her out.  I working another CA and they refused to deal with me without her ok because of privacy laws which started me thinking

 

1)  Did the CA break any privacy laws?  What if they thought I was her husband?  We are in Colorado if that matters.

2)  If it is a violation, what are the penalties?

3)  All she wants is a PFD.  Is there anything illegal or is it ill-advised if she sends them a letter spelling out what law they broke, asking for their office that accepts legal service (I forgot what that term is) in her state and within the same letter offer to settle if they delete the line item?  The OC will be paid off by then.

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1)  Did the CA break any privacy laws?  What if they thought I was her husband?  We are in Colorado if that matters.

 

The ONLY privacy law is HIPAA and if they refused to discuss the account with you due to HIPAA then they are in compliance they did not violate HIPAA.

 

2)  If it is a violation, what are the penalties?

 

DHHS Office of Civil Rights oversees HIPAA and possible consequences for a HIPAA violation are fines, censure, or warning to name a few.

 

3)  All she wants is a PFD.  Is there anything illegal or is it ill-advised if she sends them a letter spelling out what law they broke, asking for their office that accepts legal service (I forgot what that term is) in her state and within the same letter offer to settle if they delete the line item?  The OC will be paid off by then.

 

It is called extortion and it is VERY illegal.  If you send a letter to their registered agent threatening a bogus HIPAA violation if they won't due a PFD you could find yourself on the receiving end of criminal charges.  Besides, there is NO private right of action under HIPAA.  All you can do is report possible violations to the DHHS OCR and if there is a violation they take the appropriate action which you will not be told of.

 

IF you are paying the OC then a PFD with the CA is unnecessary and as you were told before they can update the collection to paid and closed and it would be legal. 

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