Consumer complaint received 2023-10-11
Company: HCFS Healthcare Financial Services of TeamHealth
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
Potential Legal Ramifications of Disclosing Medical Data on a Credit Report, I am writing to demand the removal of medical accounts on my credit report. The 2 accounts reporting are from Ars account resolution As a consumer who values the protection of personal information, I believe it is important to highlight the potential legal ramifications associated with the inclusion of medical information in credit reports.

As you may be aware, various federal and state laws govern the privacy, security, and appropriate use of medical information. These laws include but are not limited to the Health Insurance Portability and Accountability Act ( HIPAA ), the Fair Credit Reporting Act ( FCRA ), and state-specific laws governing medical privacy and consumer rights. It is essential to consider these legal frameworks to ensure compliance and protect the rights of consumers.

HIPAA : HIPAA regulates the privacy and security of protected health information ( PHI ). Disclosing medical data on a credit report without the consumer 's explicit consent could potentially violate HIPAA 's privacy provisions. Healthcare providers, insurance companies, and other entities covered by HIPAA must be cautious about sharing medical information without the necessary legal authorization.

FCRA : The FCRA regulates the reporting and use of consumer credit information by credit reporting agencies. it is generally understood that the inclusion of medical data in credit reports could raise concerns about fairness, accuracy, and potential discrimination. Credit reporting agencies are encouraged to exercise. There is also the issue i did not give consent, written instruction or permissible purpose to share this information. 



Regulatory Enforcement Actions : Regulatory agencies such as the FTC and federal banking agencies can initiate enforcement actions against financial institutions for GLBA violations. These actions can result in cease and desist orders, fines, and other corrective measures Including but not limited to civil penalties, injunctive relief and jail time.

Failure to comply with the applicable laws and regulations regarding the disclosure of medical information on credit reports may result in legal consequences, including but not limited to : a. Legal action from affected consumers, including potential claims for privacy violations, damages, and injunctive relief.

b. Investigations and enforcement actions by federal and state regulatory agencies, such as the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and state attorneys general, HHS and OCR c. Reputational damage, which can adversely affect the credit reporting agency 's standing in the industry and its relationships with consumers, businesses, and other stakeholders. 

Given the potential legal and reputational risks involved, I strongly urge you to exercise diligence and caution when it comes to the disclosure of medical data on credit reports. Prioritize compliance with applicable federal and state laws, conduct thorough reviews of reporting practices, and implement robust security measures to protect the privacy of consumers ' personal information. These are hefty violations with serious and expensive penalties and fines, I hope you will give due consideration to this matter, as it concerns the rights and privacy of consumers. I am prepared to seek legal remedy under Fcra, fdcpa, glba Hippa, ETFA and all applicable privacy and state laws if items are not deleted. I would also like to make it know this company does not have a certificate of authority to transact business in the state and this is a breach of the arbitration agreement. 

Thank you for your attention to this important issue. I only ask that the information is deleted and never reported again Sincerely,

Company response to consumer: Closed with explanation