Consumer complaint received 2017-07-18
Company: EQUIFAX, INC.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
I have recently sent letters to dispute  XXXX  ( 2 ) medical collections (   XXXX   XXXX   XXXX   XXXX   XXXX   XXXX   ) on my account to the Collection Agency (   XXXX   XXXX   ), as well as sent to the original creditor ... .I was requesting verification that this was in fact my account, I did not receive verification, however I did receive copies of the procedures that were completed.. this is a HIPPA violation. I have requested that these files be removed from my Equifax CB, I received response from Equifax that this account was verified as accurate and updated.
Please be advised that under Federal Statutes, The Fair Credit Reporting Act, ( 15 U.S.C. 1681 et seq ) and Kansass Consumer Credit Statutes, and subtitle D of the ARRA, SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES ; and SEC. 13407 ( 1 ) BREACH OF SECURITY.
The term breach of security means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual. You may be held liable for the actions of Executive Financial Consultants , Inc.
Please note that the these liabilities are under the penalty rules of the Omnibus Final Rule effective   XX/XX/XXXX  inte rpreting and implementing various provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 ( HITECH Act ) as issued 1 XX/XX/XXXX  ( a ) Duty of furnishers of information to provide accurate information.
( 1 ) Prohibition.
( A ) Reporting information with actual knowledge of errors.
HIPAA and Kansass Medical Privacy Statutes and the penalty provisions of the ARRA section D, privacy provisions, the penalty rules of the HITECH Act as issued  XX/XX/XXXX  and the Omnibus Final Rule effective  XX/XX/XXXX and the FACT Act final rules effective XX/XX/XXXX  are in effect in this situation.
The Privacy Rules prohibits a covered entity from using or disclosing an individuals protected health information ( PHI ) unless specifically authorized by the individual or otherwise allowed under the Privacy Rules.
In general, PHI encompasses substantially all individually identifiable health information that is transmitted or maintained in any medium. Individually identifiable health information includes health information that is created or received by a health care provider, health plan, employer, or health care clearinghouse, and that relates to an individuals physical or mental health or condition, including information related to an individuals care or the PAYMENT for such care.
Your furnishing of my account information to Executive Financial Consultants , Inc, is not in compliance with HIPAA, or Kansass Privacy Act, and any subsequent reporting of this account on my credit reports to [ credit reporting bureaus ] is a clear violation of Public Law 104-191 ( HIPAA ).
I am requesting you promptly rescind all such account information furnished to  XXXX   XXXX   XXXX   XXXX   XXXX   XXXX   and require them to purge their records of all reference to this account, and that you insure that any and all reporting of this account is immediately deleted from my credit reports.
Please respond, in writing within 10 days acknowledging that you are processing this request.
I am reserving the right, to take appropriate legal and civil action including reporting to any applicable regulatory authorities any lack of cooperation or compliance with this request.
I hereby waive my rights under HIPAA and any State Privacy Act for the single purpose of your transmission of this request and accompanying documentation in any required report you must make to your   XXXX   XXXX   XXXX   XXXX   carrier.

Company response to consumer: Closed with explanation