Product: Debt collection

XX/XX/2021 Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX, IA XXXX Re : XXXX XXXX XXXX XXXX XXXX : XXXX ) ( XXXX : XXXX ) V. 
XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Equifax XXXX XXXX XXXX XXXX ' XXXX XXXX XXXX XXXX XXXX XXXX and Dispute for the Willful and Negligent Reporting and Inclusion of False, Misleading, and Inaccurate Information in Complainants Consumer Files Complainant, XXXX XXXX XXXX ( XXXX ), brings this Complaint before the CONSUMER FINANCIAL PROTECTION BUREAU, and in support hereof shows : 1. This Complaint concerns the furnishing of false, misleading, and inaccurate Information to XXXX, Equifax, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX ) by XXXX and XXXX, XXXX XXXX XXXX XXXX ) XXXX consumer debt collection agency ( " XXXX ) in an attempt to collect a medical debt not due. See : 15 U.S.C. 1681i ( a ) ( l ) ( ( A ) and 15 U.S.C. 1692g. 

2. At all times relevant, XXXX was acting and continues to function as agent for its principal, XXXX XXXX XXXX XXXX XXXX ( XXXX ). 

3. XXXX alleges, and has furnished to the referenced CRAs, that XXXX is indebted to XXXX to the sum of XXXX. See XXXX Account XXXX. XXXX. 

4. XXXX alleges that he is not indebted to FDRMC to the sum of XXXX XXXX, or any other amount. 

5. As of this date, neither XXXX or XXXX as provided documentation describing the services provided, the date said services, or HATTENs acknowledgement of the services provided. Thus, XXXX has failed to establish the validity of the alleged debt as per the terms of Federal Debt Collection Procedures Act ( FDCPA ). ( See : Title 15 U.S.C. 1692g, et. Seq. ). 

6. At all times relevant, XXXX was, and continues to be, insured by XXXX, XXXX primary health insurer. See : XXXX XXXX XXXX. Member Id. XXXX ). 

7. At all times relevant, XXXX was also insured by XXXX  XXXX, XXXX secondary health insurer. See : XXXX XXXX XXXX ID. XXXX. 

8. While the record shows that XXXX his primary health insurer, XXXX, was billed and that XXXX paid XXXX the contracted amount for services as per the provisions of their contract. 

9. The record does not show, however that either XXXX or XXXX billed XXXX secondary health care insurer, XXXX  XXXX. 

10. Set forth at Tex. Civil Stat. Title 8, section 91.001 ), the general rule in Texas is that damages that may have been avoided or mitigated are not recoverable, and an injured party must use reasonable efforts to avoid or mitigate its losses. The standard is that of ordinary care, and what an ordinary prudent person would have done under the same or similar circumstances. And, while an injured party has a duty to minimize its damages, this duty arises only if the damages can be avoided or mitigated with only slight expense and reasonable effort. 

11. As of XX/XX/2021, XXXX advised XXXX that it has yet to receive any bills from either XXXX or XXXX for processing. 

12. By failing to XXXX XXXX, XXXX and XXXX have failed to exercise its lawful duty in mitigation of damages it claims XXXX owes XXXX as Tex. Civil Stat. Title 8, section 91.001 requires. 

13. Hence, in the absence of billing XXXX, to fulfill its obligation to mitigate the damages claimed by operation of law, the information furnished by XXXX to the referenced CRAs for inclusion in XXXX consumer files that XXXX is indebted to XXXX to the sum of XXXX is not only false, misleading, and inaccurate, but PREMATURE, requiring re-investigation and suspension of collection upon the alleged debt, pending final disposition upon re-investigation. See : 15 U.S.C. 1681i ( a ) ( l ) ( A ) and 15 U.S.C. 1692g. 

14. The foregoing considered, as per the terms of the FCRA and FDCPA, Complainant demands reinvestigation and removal of the False, Misleading, and Inaccurate Information that he is more than 120-days past due upon the referenced amounts from his Consumer files as maintained by XXXX, XXXX, XXXX, and Consumer Reporting Agencies. See : 15 U.S.C. 1681i ( a ) ( l ) ( ( A ) and 15 U.S.C. 1692g. 

15. Complaint, pursuant to the terms of5 U.S. Code 1681o and 15 U.S. Code 1681n, further demands damages from XXXX to sum of XXXX for the negligent and willful reporting and inclusion in Complainants consumer files with XXXX, XXXX, Equifax, Credit wise XXXX and XXXX consumer reporting agencies that Complaint is more than 120-days past due upon the referenced accounts. 

16. That the referenced CRAs construe and include this Complaint in XXXX consumer files as my Statement as provided by the terms of 15 U.S. Code 1681i ( b ). 

Respectfully Submitted, XXXX XXXX XXXX XXXX Please Serve : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, NV XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX, Pennsylvania. XXXX Equifax Consumer Reporting Agency XXXX XXXX XXXX XXXX, Ga XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX, Texas. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX