Product: Debt collection

XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX | XXXX XXXX, Texas. XXXX XXXX | XXXX XX/XX/2021 Complaint and Dispute for the Willful and Negligent Reporting and Inclusion of False, Misleading, and Inaccurate Information in Complainants Consumer Files Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX, IA XXXX Re : XXXX XXXX XXXX XXXXXXXX Aaragon Collection Agency Prior CFPB Complaint Identification Number : XXXX Nature of Complaint 1. Complainant, XXXX XXXX XXXX ( XXXX ), brings this Complaint before the CONSUMER FINANCIAL PROTECTION BUREAU to dispute the reporting and inclusion of false, misleading, and inaccurate Information in XXXX consumer files as maintained by XXXX, XXXX, XXXX, XXXX Consumer Reporting Agencies ( CRAs ) as provided by Aaragon Collection Agency ( `` ACA ) 2. At all times pertinent to this Complaint, ACA was acting and continues to function as agent for its principal, XXXX XXXX XXXX XXXX XXXX ( XXXX ). 

3. ACA alleges, and has reported to the referenced CRAs, that XXXX is indebted to XXXX to the sum of XXXX dollars. As per the following, this report to the CRAs by ACA is false, misleading, and inaccurate : 3.1 XXXX alleges that he is not indebted to FDRMC to the sum of XXXX dollars, or any other amount. 

3.2 As of this date, neither ACA or FDRMC as provided documentation describing the services provided, the date said services, or XXXX acknowledgement of the services provided. 

3.3 Thus, ACA 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. ). 

3.4 Although ACA is non-specific as to the character of the debt ( or the date the debt was incurred ) it alleges XXXX owes to XXXX, considering the sum is 90-dollars, XXXX presupposes that it is for a copayment as pertains to an Emergency Department ( ED ) visit. 

3.5 As per the terms of the insurance contract with his primary health insurer, XXXX copayment for XXXX visits is XXXX-dollars. ( See : XXXX Insurance Company. Member Id. XXXX ). 

3.6 XXXX assumes that his primary health insurer, XXXX, was billed and that XXXX paid XXXX as per the provisions of their contract. XXXX does not assume, nor does the scant record reveal, that either ACA or FDRMC billed XXXX secondary health care insurer, Louisiana XXXX ( XXXX ). ( See : La. XXXX Id. No. XXXX ) 3.7 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. ( See : Tex. Civil Stat. Title 8, section 91.001 ). 

3.8 As CFPB Complaint No, XXXX, filed last year ( Yes ; ACA and FDRMC are repeat offenders ), always pertinent to this Complaint, both ACA and FDRMC were aware that XXXX was XXXX secondary health insurer. Secondary Health insurance is the insurance that pays the remainder of the medical claim. Medical claims are submitted first to the primary insurer and that plan pays out the maximum amount an insured is allowed. After the primary insurer pays, then and insured 's secondary health insurer helps to cover the balance, including co-insurance. 

3.9 As of XX/XX/2021, XXXX advised that it has yet to receive any bills from either ACA or FDRMC for processing. Moreover, it further advised XXXX ( In communications regarding CFPB Complaint No, XXXX ) that all it had to do was request the issuance of a Louisiana XXXX Identification Number , an act that could have been, and can be still, accomplished with minimum effort. ( See : Tex. Civil Stat. Title 8, section 91.001 ). 

3.10 ACA and FDRMC, by failing to bill XXXX, has failed to exercise reasonable care and its lawful duty in mitigation of damages it claims XXXX owes XXXX as Tex. Civil Stat. Title 8, section 91.001 requires. 

3.11 Hence, in the absence of billing XXXX, to fulfill its obligation to mitigate the damages claimed by operation of law, the report by ACA to the referenced CRAs for inclusion in XXXX consumer files that XXXX is indebted to XXXX to the sum of XXXX-dollars, 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. 

Resolutions 4. 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.

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

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

Respectfully Submitted, _______________________________ XXXX XXXX XXXX Please Serve : Aaragon Collection Agency Inc 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 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Ga XXXX XXXX ' XXXX  XXXX. XXXX XXXX XXXX, Texas. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX