Consumer complaint received 2022-11-21
Company: AmerAssist A/R Solutions, Inc.
State: NC
Product: Debt collection
Sub-product: Medical debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
The attached FTC report response by AmerAssist A/R Assist Solutions , Inc stating the Company responded on XX/XX/XXXX to CFPB Complaint Number XXXX as attached, with assertions of validation and HIPAA release authorization from me for the account, there is no proof there of attached in the CFPB response. No proof of original contract and signature, no evidence of itemized billing, no proof of authority to collect debt in the state of North Carolina. 

AmerAssist A/R Assist Solutions , Inc. alleges the validation for the account was sent on XX/XX/XXXX and then again on XX/XX/XXXX as stated by XXXX XXXX XXXX. 

XXXX XXXX in his official capacity for AmerAssist A/R Assist Solutions , Inc. has provided evidence of the unlawful collection of debt by U.S. Mail on XX/XX/XXXX and XX/XX/XXXX which is prohibited by the Racketeer Influenced and Corrupt Organization Act. 

Upon information and admission by AmerAssist A/R Assist Solutions , Inc. established a pattern of racketeering activity by using the U.S. Mail more than twice to collect an unlawful debt and the debt collector may be in violation of 18 U.S.C. 1341, 1343, 1961 and 1962. 

Upon information and admissions the nature of Civ. R. Pro. Rule 36 as given by AmerAssist A/R Assist Solutions, Incs XXXX XXXX XXXX XXXX not meet the requirements mandated in the Fair Debt Collection Practices Act ( FDCPA ) or the North Carolina Collection Agency Act and the North Carolina Debt Collection Act, necessary to be a legal debt collector.

The FDCPA or the North Carolina Collection Agency Act and the North Carolina Debt Collection Act mandates AmerAssist A/R Assist Solutions , Inc have a license to be a debt collector, a bond, and they must be registered with the Attorney General in the State in which they are collecting. In this instance it would be the North Carolina Attorney General with authority over the debt collection activities in the state of North Carolina.

Upon information and admissions the nature of Civ. R. Pro. Rule 36 as given by AmerAssist A/R Assist Solutions, Incs XXXX XXXX XXXX the debt collector is in violation of the FDCPA, they do not meet the legal requirements to be considered a debt collector and therefore have no standing before any court with unclean hands.

Moreover, the Federal Law mandates any debt collection company attempting to collect debt within the State of North Carolina, must be bonded and licensed to do so. Failure of the Corporation to maintain active surety bond, warrants grounds for immediate ceasing of collection activities and reporting to major credit bureaus. The evidence of lacking registration in the State of North Carolina from the NMLS Consumer Access database, is attached with active debt collection activities in North Carolina. 

A third party collection agency that violates any provision of the FDCPA, NCDCPA, and North Carolina Debt Collection Act, is liable to civil and criminal penalties which may include monetary compensation to the victim. The debt collector company can not at any point engage in abuse, threats, coercion, misrepresentation, fraud, harassment, unfair means, and deception to collect debt.

15 U.S. Code 1611- Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. ( Pub. L. 90321, title I, 112XXXX XXXX XXXX XXXX, 82 Stat. 151 ; Pub. L. 111203, title X, 1100A ( 2 ), XXXX XXXX XXXX 124 Stat. 2107. ) 15 U.S. Code 1681n - ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. 

XXXX XXXX XXXX HIPAA Record Holder & Consumer

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