Consumer complaint received 2023-03-17
Company: Designed Receivable Solutions, Inc.
State: CA
Product: Debt collection
Sub-product: Medical debt
Issue: Threatened to contact someone or share information improperly
Sub-issue: Talked to a third-party about your debt

Complaint:
This company has violated several of my consumer rights and has failed to validate my alleged debt. 

Specifically ; I sent a debt validation letter to the company via certified mail to which the company did respond to, however, not only was the envelope containing their response not addressed to me, the response that I received also failed to accurately and thoroughly validate this debt which is a violation of the Fair Debt Collection Practices Act ( FDCPA ). 
Besides the fact that the company has already failed at verifying the debt allegedly belonging to me by sending the so called validation items to someone elses name, therefore immediately nullifying your allegation of debt belonging to me, also, in a violation of the Fair Credit Reporting Act ( FCRA ), instead of accurately and thoroughly responding to my written request, I was sent lists & copies of my private medical records including CPT codes, which, as I understand, is also in clear violation of the laws of The Health Insurance Portability and Accountability Act of 1996 ( HIPAA ), a federal law that has required the creation of national standards to protect sensitive patient health information from being disclosed without the patient 's consent or knowledge. 

Additionally, as per HIPAA regulations, CPT codes and patient billing information qualifies as protected health information ( PHI ) that requires the patient ( in this case, myself ) to sign a legal release in order to grant permission of their PHI to be shared with a party other than themselves and/or their Physician. 

Furthermore, the company continued to report a disputed debt to the three major Credit Bureaus ; another violation of the FCRA. Not only have they ignored my prior requests for accurate and thorough validation of this alleged debt but they continue to report this debt to the three major credit bureaus causing damage to my character. 

I am now writing this submission to the Consumer Financial Protection Bureau ( CFPB ) showcasing that not only has Designed Receivable Solutions ( DRS ) violated my consumer rights as an American citizen but has also failed to provide validation and proof of their right to own/collect this alleged debt through the following violations of both the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ) : In accordance with the Fair Credit Reporting Act, DRS has violated my consumer rights as an American citizen based on the following US federal statues ; 15 U.S.C 1681 section 602 A : States that I, as an American citizen, have the right to privacy 15 U.S.C 1681 Section 604 A Section 2 : States that a consumer reporting agency can not furnish an account without my written instructions Failing to provide any HIPAA form bearing my personal signature authorizing DRS and/or any other financial institution to have access to this or any of my private health information which is in direct violation of federal HIPAA regulations. 

Failing to provide accurate documentation proving ownership of the alleged debt by sending documents to someone else. 

Failing to provide any contract bearing my personal signature engaging myself in business with DRS.

Finally, I will formally be requesting that DRS follow the FDCPA and please delete this information from my credit file and cease all collection activities immediately. As they hopefully are aware, " Estoppel by Silence '' legally means that their company had a duty to speak truthfully and accurately but failed to do so therefore, that must mean that they are in agreement with me that this debt is false. I will use the Estoppel in my defense. 

I expect to receive the proof requested from this company within 15 days of receipt of not only reporting this but also by sending them a formal letter - being sent via USPS Certified Mail. Should this company again ignore my aforementioned request for deletion of this information from my credit file, I reserve the right to sue this company for further violations of my consumer rights as specified herein. I may also seek damages from this company if warranted.

Company response to consumer: Closed with explanation