Consumer complaint received 2022-12-18
Company: Bay Area Receivables, Inc
State: IA
Product: Debt collection
Sub-product: Medical debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
For over 6 months RE : Dispute - Bay Area Receivables Original creditor XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX under the Fair Debt Collection Practices Act ( FDCPA ), failed validate the alleged debt request has been over 6 months. I am aware that there is a debt from Bay Area Receivables, Debt does not include a breakdown of any fees or validation of debt. Additionally, under the Health Insurance Portability and Accountability Act ( HIPAA ) to protect my privacy and medical records from third parties. I do not recall giving permission to Bay Area Receivables, XXXX XXXX XXXX  or XXXXXXXX XXXX XXXX XXXX XXXX for them to release my medical information to a third party. I am aware that the HIPAA does allow for limited information about me but anything more is to only be revealed with the patients authorization. Therefore, I requested twofold validation of debt and HIPAA authorization which you have failed to provide. The FTC has noted that providing a copy of a printout, bill, or alleged account documents does not constitute validation. Mere itemization of what you already have does not accomplish my requested debt validation Bay Area Receivables have failed to include Method of verification under FCRA 611 ( a ) ( 7 ). This should have included the following : * The How with which you verified the information *The name of the person handled your request and provided proof of ownership of Debt through physical verification * The address * Which documents you obtained to verify Ownership of Debt. If none are satisfied under federal law, you must delete file/ tradeline * Provided breakdown of fees including any collection costs and medical charges and physical proof from original debt. 
*Provided a copy of my signature with the provider of service to release my medical information to Bay Area Receivables or any other third party. 
* to Verify- through physical verification of the original signed consumer * Cease any credit bureau reporting until the debt has been validated. 
Bay Area Receivables failed to provide me with copies of all documentation associated with these Debts bearing this information in my credit report with my authorization of release bearing my signature. To be in full compliance with the FCRA laws and guidelines, all information listed needs to be immediately deleted from the credit file you maintain under my social security number, date of birth, and /or address. Be further advised that I am closely monitoring my credit file. Per the Federal Law, you have failed in 30 days to complete this investigation as outlined per the Fair Credit Reporting Act 623 ( a ) ( 3 ).

You failed Per the Federal Credit Reporting Act. Section 609 ( a ) ( 1 ) ( a ). you are required by Federal law to Verify- through physical verification of the original signed consumer - all accounts and public information that you post on anyones credit report. Otherwise, any paying for your reporting services could fax, mail, email in fraudulent and erroneous account information. As Such, if this unauthorized public record information is not deleted from my credit report within the next 30 days, I have already filed a complaint with the Federal Trade commission and will follow with a Consumer Financial Protection Bureau Claim if you failed to respond within 30 days of receipt of this dispute with any valid documents.

This letter and the several before served as a formal debt validation request, which under the FDCPA. Please note that withholding the information you received from any medical provider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you will be deceiving me after my written request. I request full documentation of what you received from the provider of service in connection with this alleged debt and must prove ownership. Should you continue in your non-compliance, the law is very clear as to the civil liability and the remedy available to me for negligent non-compliance. I am maintaining a careful record of my communications with you for the purpose of filing a complaint seeking relief and monetary damages under FCRA Sections 616 and 617. Your non-compliance with my request will also be construed as an absolute waiver of all claims to enforce the debt against me and your implied agreement to compensate me for court costs and attorney fees. 
Additionally, any reporting of this debt to the credit bureaus with out validation it is a violation of the Fair Credit Reporting Act, which can allow me to seek damages from a collection agent. Because you are in violation, this account must be removed from my credit file. Please send me an updated credit report with the information removed. 

Sincerely, XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation