Consumer complaint received 2023-12-18
Company: ADP Inc.
State: IN
Product: Debt collection
Sub-product: Medical debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
BUSINESS ASSOCIATION BREACH & HIPPA/ MEDICARE INSURANCE VIOLATIONS & FRAUD TO IMPROPERLY EXTORT, STEAL & UNLAWFULLY WITHDRAW MY MONEY BY ABUSIVE & INVALID GARNISHMENT ACTIONS PETITIONERS FOR IMMEDIATE OFFICIAL INVESTIGATION OF THIS ABUSE & FRAUD IMPROPER USE OF THE JUDICIAL SYSTEM : My complaint is against a Hospital and Medical Provider XXXX XXXX XXXX XXXX XXXX XXXX XXXX IN, and their unlawful/non-bonafide business associates : XXXX XXXX XXXX XXXX XXXX for MEDICAL IDENTITY FRAUD, THEFT, & DIRTY CLAIMS FRAUD. The Provider and its unsanctioned are pursuant to policy XXXX XXXX XXXX XXXX and Aggravated/Aggressive Predatorial `` Debt Collector '' knowingly abrogating & evading the requirements of the EMTALA program of the Federal government for uninsured Patience ( s ) .To unlawfully violate the HIPPA LAWS & HIPPA 'S PRIVACY/SECURITY LAWS and caused " UNLAWFUL BREACH '' to sell " BUNDLES OF ALLEGED BAD DEBTS '' that are in majority of cases supposed to have been paid by the " FEDERAL GOVERNMENT MEDICAL ASSITANCE PROGRAM ( S ) LIKE THE EMTALA ''. Fraudulently including with submission to the Government for payment said hospital " DOUBLE DIPS '' and sales of these " BUNDLES OF ALLEGED BAD DEBTS '' to Aggressively Predator " DEBT COLLECTORS '' who are also 9 out of 10 not even properly contracted as XXXX XXXX XXXX XXXX XXXX' as required by the HIPPA STATUES according to subtitle D of the ARRA, SEC. 13401, APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES ; and SEC. 1307 ( 1 ) BREACH SECURITY ; Title 15 U.S.C. sect ( s ) 1692g and 1681-1692 et seq., as well. Also, the revised section of the Social Security Act 1176 ( a ). Not acting in the best interest of the Public or this former XXXX XXXX XXXX XXXX XXXX. The hospital is knowingly & willfully Entrapping uninsured and/or low-income patients into illegal Debt traps with the private and personal information they obtain from the patients under the disguise that such information is needed for their medical care and payment from the State to the hospital on their aka the patient 's behalf. A potential BREEDING GROUND for corruption and deceptive business practices. On XX/XX/XXXX, said law firm of XXXX XXXX XXXX XXXX had been stalking this Petitioner to Extort money from this petitioner at his former place of employment with STRATOSPHERE QUALITY LLC, to take advantage of the petitioner 's vulnerable former status as a Patient with XXXX XXXX XXXX. Pursuant to the bogus Request for Affidavit Signature and Assignment of Debt said the law firm has been stalking said petitioner before the signing of the bogus/fraudulent agreement with the Hospital XXXX XXXX XXXX XXXX XX/XX/XXXX during the time of the National Pandemic and after post patient 's discharge from the hospital unbeknown to him. Said the law firm was stalking this petitioner to erroneously collect on an alleged " DEBT '' before the firm had even purchased the alleged " BAD HOSPITAL DEBT '' from the Hospital. The Law firm didn't even own it before XX/XX/XXXX ; yet they were still attempting to collect. Unsavory Business & Debt Collection Practices. UDAAP & FDCPA Act violations. One XXXX XXXX, XXXX of XXXX XXXX conspired and XXXX to violate HIPPA requirements and security, her position and the Hospital 's position of Trust and the patient 's right to privacy to sell alleged " BAD HOSPITAL 'S DEBTS '' to XXXXXXXX XXXX XXXXXXXX XXXX XXXX to patients that the private and personal information they gave to the hospital would eventually be used against them in this manner. Unlawful exposure of this Petitioner 's personal and private information and security breach. By impermissible use and disclosure under the Privacy Rule that has compromised the security and privacy of this Petitioner 's health and financial information. Said attorney XXXXXXXX XXXX XXXXXXXX XXXX is not even a " Covered Entity '' as required by the HIPPA Privacy & Security Rule. XXXX XXXX violated the rules by failing to 'safeguard ' said Petitioner 's private & protected health information from Misuse. Even being a " Covered Entity ' that 'Covered Entity ' is only allowed by law to use protected Health and Private Information to carry out its Health Care functions. Not for the business Associates ' Independent use or purposes. The law firm had not had any " Health Care Functions ''. Violating HIPPA RULES ( Privacy Security ) Breach Notification and Enforcement Rules 45 CFR Part 160 and Part 164 et. seq. Failing to use appropriate safeguards by XXXX XXXX as required by Subpart C at 45 CFR Part 164 with respect to electronically protected health information to prevent disclosure of protected health information other than as provided by the Agreement. XXXXXXXX XXXX  XXXX has never provided any evidence that they are holders of proper Business Associate agreement with XXXX XXXX XXXX to be having access to such private information as required by 45 CFR 160.103 Administration Simplification Rules as well. And is deemed by law to be an '' Unauthorized Person '' under the statute. XXXX XXXX XXXX and its XXXX XXXX XXXX XXXX and or enact the required 'Breach Risk Assessments ' before selling off any of the alleged " Hospital 's BAD DEBTS '', also required under the statute. Being a 'Serious Health and Safety Breach ' having a Reckless disregard for the 'risk ' of harm erroneously imposed on another ; aka this Petitioner. THERE IS NO BONAFIDE OR CONTRACTUAL AGREEMENT BETWEEN EITHER OF THESE PARTIES IN QUESTION FOR A COURT TO DRAW ITS RULING FROM OR GIVE ANY COURT AUTHORITY AT REM OR OTHERWISE TO HOLD THIS PETITIONER LIABLE FOR A CONTRACT THAT NEVER EXISTED. iS UNACCEPTABLE FOR ANY SYSTEM PURORTING TO BE A JUST SYSTEM OF LAW. EVIDENCE OF PUBLIC CORRUPTION AT ITS FINEST. WHERE HEARINGS WITHIN THE SMALL CLAIMS COURT AND COURT OF APPEALS ARE A XXXXXXXX XXXX AND ONLY FOR THEIR PEERS TO OBTAIN ACCESS TO CONTRADICTORY TO THE PROHIBITION ( S ), OBLIGATION ( S ), DEMAND ( S ), AND GUARANTEE TO PETITION & ACCESS OF THIS STATE & FEDERAL CONSTITUTION ( S ). BASED UPON THESE JUDGE 'S, MAGISTRATE 'S, AND APPEAL JUDGES ' HIDDEN POLICIES AND PROCEDURES OUTSIDE THE STATE AND FEDERAL LAWS OF FED. ( & STATE ) R. CIV. PRO. & LAW. DUE TO SPECIAL PREFERENTIAL TREATMENT FOR THEIR ALLEGED BAR-LICENSED ATTORNEY ( S ) & COLLEAGUES MADE IT IMPOSSIBLE FOR THIS PETITIONER TO OBTAIN ANY RESEMBLANCE TO A FAIR & IMPARTIAL HEARING OR TRIAL BEFORE THEIR COURTS. DUE TO ALLEGED " PRO SE LITIGANTS '' BEING UNLAWFULLY PREJUDICED AND DISFAVORED BY THE COURTS. AND MAGISTRATES CROSSING THE LINE IN BECOMING ADVOCATES FOR THE COMPLAINED ABOUT ATTORNEY ( S ) AND ITS FIRM LISTED HEREIN. AND ADVERSARY TO THIS UNWITTING AND ORIGINALLY UNSUSPECTING PETITIONER. By purchasing these " BAD HOSPITAL DEBTS '' the law firm of XXXXXXXX XXXX XXXXXXXX XXXX was " PROHIBITED '' by the Doctrine of " Volenti Non-Fit Injuria '', the plaintiff 's consent serves as a defense AGAINST HIM. The doctrine clearly states and is well-settled in law that If a person consents to harm committed upon him, that person can not be permitted to sue the other for the tort. Consent to such harm can be either implied or expressed. In the case of express consent, the consent is open and either verbal or contractual. And XXXX XXXX XXXX XXXX invited its own Harm by purchasing " BAD HOSPITAL DEBT ( XXXX ) '' they knew they probably could not " COLLECT UPON ''. Therefore, they had No right to Equity. Equity by law was not supposed to be afforded to them, under the above doctrine and the Doctrine of " Unclean Hands. '' Totally obliterating their obligations and requirements under the Fair Debt Collection Practices Act also known as the " FDCPA '' prohibitions. Under this Act ( Title VIII of the Consumer Credit Protection Act ), third-party debt collectors are prohibited from using deceptive or abusive conduct in the collection of consumer debts incurred for personal, family, or household purposes. The law firm was committing acts of " DECEIT '' by using improper communication tactics and unlawfully and abusively using the Courts as a Weapon through 'irregular proceedings ' as a means of Intimidation in their unlawful attempts to collect an alleged " debt '' ; & contact said Petitioner through all 'undeliverable '' mailing addresses of this said petitioner. To obtain unlawful tactical advantages and judgments against said Petitioner by unscrupulous, deceptive, and unjust means to rob this Petitioner of his rights to contest their unlawful acts. Even after the Law firm was able to ascertain said petitioner 's correct address from the employees, these attorneys were coerced into releasing yet again, other private and personal information of this Petitioner. These attorneys would still use the incorrect address to give the false & misleading impression that they were contacting this Petitioner to the Courts when the law firm knew they were not. Falsifying information to authority is a criminal offense under Title 18 U.S.C. sect. 1001,241,242,287,1621, 1623, 208, 876, 981 Civil Foreciture ( C ), ( D0 et. seq., and other applicable laws, including Perjury ; Subordination of Perjury, and Aggravated Perjury. Offense of Perjury -carries a maximum penalty of ( 7 ) seven years of Imprisonment and/or fine. Aiding & abetting or INCITING AN OFFENCE OF PERJURY, ( in which XXXX XXXX XXXX and the attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX ; with XXXX XXXX and XXXX XXXX false affidavits ), Is also an INDICTABLE OFFENCE SUBJECT TO THE SAME MAXIMUM PENALTY. Which Negatively affected the issues at hand and erroneously affected and INFLUENCED THE COURTS. See the Perjury Act of 1911. Indiana Code 35-44. 1-2-1 Perjury A-Class ( 6 ) Felony. Is an " Injury-in-fact-on Invasion of legally protected interest '' that is both " concrete and particularized '' and " actual or imminent '' in accordance to and with Lujan vs. Defenders of Wildlife, 504 U.S. at 560-61. Even before XXXX XXXX XXXX XXXX purchased the " BAD HOSPITAL DEBT '' from XXXX XXXX XXXX XXXX XXXX XXXX XXXX solicited the assistance of Automatic Data Processing Inc., trade name " ADP ''. XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX, and XXXX had been tossing around and fully disclosing my Personal social security number around in and out of public records, to any and all employees and other members of alleged teams and employers without my knowledge or consent ; in violation of Employer/Employee work relationship violating their position of trust. In violation of the FDCPA requirement of information that could be disclosed. Violation of a Privacy Law produces an immediate injury in fact sufficient to confer Standing under Article III. " Unjustifiably high risk '' of violating the statute ( s ). According to Title 15 U.S.C. sect. 1692 Rule 809 ( a ) XXXX XXXX XXXX XXXX was required to send notice to said Petitioner that they were attempting to collect a debt before any so-called Court action were to occur ; which is known to everyone in the " DEBT COLLECTION MARKET & BUSINESS ''. This is what is called a " Dunning Letter '' which is to give said Petitioner the right to Dispute any alleged debt in their initial communication. Said Petitioner was denied this right and said attorney ( s ) thwarted proper process and procedures and went straight to court action in violation of the FDCPA rules as stated above and FDCPA rule 1696g ( 5 ) ( b ) the debt collector shall CEASE COLLECTION OFTHE DEBT, or any disputed portion thereof until the debt collector obtains verification of the " DEBT '' or a copy of a judgment or the name and address of the original creditor, and a copy of such verification or judgment or name and address of the original creditor is mailed to the consumer by the DEBT COLLECTOR. [ cited in relevant part ] Any collection activities and communication during the ( 30 ) day period may NOT OVERSHADOW or be INCONSISTENT WITH THE DISCLOSURE OF THE CONSUMER 'S RIGHT TO DISPUTE THE " DEBT '' or request the name and address of the original creditor. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an " INITIAL COMMUNICATION '' for purposes in subsection ( a ). ( XXXX ) Notice provisions. The sending or delivery of any form or notice that does not relate to the collection of a debt and is Expressly required under Title 26, Title V of Gramm-Leach-Bliley Act 15 U.S.C. sec. 6801 et. seq., or any provision of Federal or state law relating to Notice of DATA SECURITY BREACH OR PRIVACY, or any regulation prescribed under any such provision of law, shall not be treated as an Initial communication in connection with debt collection for the purposes of this section. Pub. L. 90-321, Title VIII, sect. 809, as added Pub. L. 95-109, Sept 20, 1977, 91 Stat. 879 ; amended Pub. L. 109-351, Title VIII, sect. 802, Oct. 13, 2006, 120 Stat. 2006. 1692j ( a ) Venue. ANY DEBT COLLECTOR who brings any LEGAL ACTION on a debt against any consumer shall - ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only ion judicial district or similar legal entity ; ( A ) in which such consumer SIGNED ( the law firm knowingly entered a lawsuit on behalf of XXXX XXXX and XXXX XXXX XXXX XXXX XXXX as the plaintiff with NO SIGNED CONTRACT between this Petitioner and any of the aforementioned Parties, and No contract between this Party and that of XXXX XXXX XXXX either ), the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action ( XXXX XXXX XXXXXXXX XXXX initiated an older case in order to ENLARGE a judgment from another cause in XXXX XXXX XXXX XXXX to their own to outdated and obselete addresses the attorney ( XXXX ), ADP and the Courts knew were " undeliverable '' to said Petitioner to get an upperhand and get a SECOND JUDGMENT PROHIBITED BY LAW & CLAIMED BARRED BY RESJUDICATA 'S ISSUE PRECLUSION & CLAIM PRECLUSION '' ), ( b ) Authorization of Actions. " NOTHING in this subchapter SHALL BE construed to authorized the bring of legal actions by " DEBT COLLECTORS '' ( Therefore, XXXX XXXX XXXX XXXX was forbidden & PROHIBITED by statue from bring suits in their own name. ). Interfering with the Proper & General Government Administration & Operations. Pub. L. 90-321, Title VIII, sect. 811, as added Pub. L. 05-109, Sept. 20, 1974, 41 Stat. 880. ). Unconstitutional ( statutorily ) per se In US law, the term illegal per se means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as lack of scienter ( knowledge ) or other defenses Acts not done in Good Faith. The attorney ( s ) at XXXX XXXX XXXX XXXX has violated Indiana 's Rules of Professional Conduct 8.4 ( c ) Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation ; ( d ) Engaging in conduct that is Prejudicial to the administration of justice., 84 ( g ) ,3.1 Diligence, 1.4 Communications, 3.1 ( filing Non- ) Meritorious Claims and Contentions, 3.3 Candor toward the Tribunal, 3.4 Fairness to Opposing Party and Counsel, just to name a few. Byway and through XXXX XXXX XXXX and XXXX XXXX XXXX 's ( who in the law firm has unlawful contact, communications, and undue influence with the courts, and people knows he wheels his position to influence the courts in his law firm favors to obtain illegal and improper judgments for their benefits outside the rules of law ), Illicit UDAAP and commercial practices as prohibited by the FDCPA., FAIR DEALINGS, AND FAIR CREDIT TRANSACTIONS, AND OTHER LAWS & CRIMINAL CODES. XXXX XXXX is in the business of ILLICIT COMMERCE OF BUYING " BAD DEBT '' AND UNLAWFULLY ASSIST CLIENT TO COLLECT ERRONEOUS DEBTS THAT IS UNCOLLECTIBLE AND ENFORCIBLE BY LAW ; WHEREAS THOSE XXXX XXXX AND AND HER CLIENTS SHOULD KNOW OR SHOULD HAVE KNOWN THE RISK OF HER AND HER CLIENT NOT BEING ABLE TO COLLECT OR RECEIVE PAYMENTS ON THOSE " BAD DEBTS '' THAT RENDERS THEIR ALLEGED RIGHTS TO BE UNENFORCIBLE ACCORDING TO THE LAWS OF EQUITY AND THE DOCTRINE OF " VOLENIT NON-FIT INJURIA '' FORFITURES. XXXX XXXX is in direct conflict and direct violation of R. 8.4 which states it's professional misconduct for a lawyer to ( a ) violate or attempt to violate the Rules of Professional Conduct knowingly assisting or induce another to do so or do so through the acts of another ; ( b ) commits a criminal act that reflects ADVERSELY on the lawyer 's honesty, trustworthiness or fitness as a lawyer in other respects. XXXX XXXX had or should have, I, am sure, access to the XXXX XXXX XXXX file and should have been better able to advise them that they had no lawful recourse against my brother XXXX XXXX XXXX. XXXX XXXX was an is well aware of the action being taken against her client XXXX XXXX XXXX by the CFPB for abusive and predatory credit extension where they lure in low-income and those most vulnerable into their Credit scheme where their borrowers are SET-UP TO FAIL so they can charge them unlawful 8th Amendment Excessive Fees & Fine violations aka JUNK FEES to booster their brofits and still steal the people 's care and " DOUBLE DIP '' AND SOMETIME TRIPLE DIP and obtain money for the resale of the care and FALSE & FICTITIOUS INSURANCE CLAIMS. But yet all in all, instead of XXXX XXXX refusing to continue with representation, XXXX XXXX continues her unlawful representation and XXXX and abet her clients to violate and BREAK THE LAW. Violating 8.4 ( b-e ) Violating Indiana Criminal for Aiding and Abetting the commission of a crime and being an accessory after the fact. See action by the Consumer Financial Protection Bureau vs. XXXX XXXX, attached herein at length as fully set herein. Also, notice that the same actions are being taken against XXXX XXXX ' clients in many other states by the Office of Attorney General for the same abusive and predatory tactics they are attempting to take against my brother now. XXXX XXXX is using her license for an " IMPROPER PURPOSE '' not to obtain and seek justice for her clients, but to use and Manipulate the Judicial Process as a WEAPON against the people of this State and compromise the Integrity and Impartiality of the Judiciary ; to bring it into ill-repute.. Being in direct conflict with R. 8.4 ( e ) state or implying an ability to influence improperly a government agency or official to achieve results by means that violate the Rules of Profesional Conduct, or other laws ; ( f ) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of Judicial Conduct or other law, Recklessly Endangering Another Person. Title 18 U.S.C.sect. 27045. OVERBILLING< UNEARNED FEES, ILL-GOTTEN GAINS ; Vexing others with UNJUST AND VEXATIOUS LAWSUITS : UNNECESSARILY SPURNING THE COST OF LITIGATION. R.8.4 ( g ) Engaging in conduct in a professional capacity Manifesting, by words or conduct, bias or prejudice based upon race, gender, religion, national origin, XXXX, XXXX orientation, age, SOCIAL ECONOMIC STATUS, or similar factors [ cited in relevant parts ] rendering XXXX XXXX and unfit, undeserving, illegitimate advocate that needs to be removed & disbarred ; for patterns, secretly and out in the open, of repeated offenses like her clients that can not continuously go UNPUNISH. Countless Private Citizens have gone to jail and spent their lives in prison for less. Petitioner asserts that said Attorney is and should be Amendable to the entire Criminal Law and be held to endure its consequences for violations as mentioned herein. And for her continuance to representing clients she knows to have or intends to break the law makes her underserving to be an Officer of the Courts for she has No characteristics that are unbecoming of an Officer of the Courts. And the people are in imminent danger of her continued ability to practice law in the State of Indiana for the people at large are " AT RISK ''. XXXX XXXX ' behavior shows that she clearly possesses the ability to fulfill her duties and obligations as a professional lawyer and will not and can not be trusted nor accounted upon to follow the rules and act in accordance with the professional standards of a lawyer. Therefore, I move that an Official Investigation be opened up against XXXX XXXX for her unprofessional acts and misconduct as an attorney in my brother 's case and many other causes within XXXX XXXX and other Counties where she practices before the courts within the State of Indiana. Also, I move that the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX be placed under investigation as well because they are the ones that are keeping and collecting data and personal information and dissimulating it to Companies and Lawyers personal and private information of litigants unbeknown to them and without the authority of law violating People Privacy and compromising their personal and private information. Like XXXX and/or XXXX XXXX, and other Managers and Clerks within that office. Inclusions with Lawyers and Attorney firms to BENEFIT THE COURTS AND THEIR BOTTOM-LINE. Making Court Actions nothing more than purpose and motivation for Profit rather than Justice. Placing people of this and all communities PREY and VULUNERABLE to severe financial attacks, calamities, and in harm 's way the court 's vultures and extortionists. Aided by Unconstitutional Exercise of Government Power within the States ' Superior Court in XXXX XXXX XXXX of Indiana and I'm sure other counties as well, XXXX XXXX XXXX being the Most Glaringly Abusive and willingly manipulated. Rendering XXXX a Victim under Congress resend 1998 Identity Theft and Assumption Deterrence Act. This legislation created a New Offense of Identity Theft, which PROHIBITS " Knowingly transferring or Using WITHOUT LAWFUL AUTHORITY a means of Identification of ANOTHER PERSON ( private & personal information of which the clerks gave to XXXX XXXX XXXX 's lawyer ) ( but lied in other instances that they did not have his access and sent XXXX 's mail to other addresses. ) with the INTENT to commit or to aid, or abet, any UNLAWFUL ACTIVITY THAT CONSTITUTES A VIOLATION OF FEDERAL LAWS, or that constitutes a FELONY under any applicable State or local laws. Like Perjury, Subornation of Perjury, False Claims, and more just to name Like XXXX XXXX and XXXX XXXX coaching their employees to make False Affidavit as you would see in their fabricated complaint levied against XXXX in which they are NOT AN INJURED PARTY as explained above. Engaging in Misconduct for which these attorneys and their law firm should be disciplined and DISBARRED.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation