Consumer complaint received 2018-07-02
Company: Merchants and Professional Bureau, Inc.
State: CA
Product: Debt collection
Sub-product: Medical debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
MERCHANTS AND PROFESSIONALS, XXXX XXXX XXXX, XXXX on behalf of XXXX XXXX XXXX, who is collecting on behalf of XXXX XXXX XXXXwas required to notify me prior to XXXX XXXX XXXX, or no later than 30 days after XX/XX/2017 failed to notify me about reporting derogatory info. to Equifax, Experian, and Transunion In section 603 ( p ) 15 U.S.C. ss 168s-2 ( a ) ( 7 ) ( A ) ( I ) ; The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after XXXX XXXX XXXX, furnishing the negative derogatory information to a consumer reporting agency described in section 603 ( p ), 15 U.S.C. ss 1681s-2 ( a ) ( 7 ) ( B ) ( I ). Plus broke commercial law under UCC? 9.501 that all notices were timely and properly given by dated certified mail receipt. They were not met. First, I never received any correspondence from MERCHANTS AND PROFESSIONALS, XXXX XXXX XXXX, XXXX. 
A strong presumption of receipt applies when notice is sent by certified mail, because it creates actual evidence of delivery in the form of a receipt. XXXX XXXX v. Atty Gen., 506 F.3d 274, 279 ( 3d Cir. 2007 ) ( emphasis added ). A weaker presumption arises where delivery is sent via regular mail, for which no receipt, or other proof of delivery, is generated. Id. In the absence of actual proof of delivery, receipt can be proven circumstantially by introducing evidence of business practices or office customs pertaining to mail. United States XXXX XXXX, 27 F.3d 890, 893 ( 3d Cir.

1994 ). This evidence may be in the form of a sw
orn statement. Id. at 895 ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX, 503 F.3d 415, 420 ( 5th Cir. 2007 ) ( a sworn statement is credible evidence of mailing for the purposes of the mailbox rule. ). However, because the presumption is weak where proof of receipt is attempted solely by circumstantial evidence, we require the affiant to have personal knowledge of the procedures in place at the time of the mailing. XXXX XXXX XXXX, 716 F.3d 572, 574 ( 3d Cir. 2013 ). 
The use of certified mail gets the benefit of the presumption only as long as the return receipt is presented. 
See, e.g., XXXX XXXX XXXX  XXXX, XXXX, 2009 Wl 3488365 ( D. Az. Oct. 27, 2009 ) .Please see attached pdf documentation EXHIBITS. 
Second the FDCPA ( 15 U.S.C. 1692C ( a ) states Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt I have not given either company the above written consent to contact me in connection with the collection of any debt alleged. 
Furthermore in the letter sent the name spelled is XXXX, XXXX my name is spelledXXXX. I have no known relationship with these companies MERCHANTS AND PROFESSIONALS, XXXX XXXX XXXX, XXXX, and am unaware of how they have obtained my personal identifying information with my knowledge and/or consent.Also, did NOT provide me a HIPPA release that releases my medical information to them, therefore by providing such information they are in VIOLATION of my HIPPA rights.Also, XX/XX/2017 failed to give me my " Mini-Miranda '' five days prior to placing this derogatory item on all of my credit reports, per Section 807 ( 11 ) & FDCPA? 809, which is {$1000.00} per violation and the state of CA allows treble damages. Under? 809. Validations of date and Mini-Mirandi under Section 807 ( 1 )  XXXX XXXX XXXX, Owner failed to send me my initial communication before placing this alleged derogatory status on my credit reports further violating the FCRA, I understand that according to the Fair Credit Reporting Act, failing to provide this notice can result in a penalty up to {$2500.00} and can be enforced by the FTC, and that my state attorney general can also enforce this with a {$1000.00} penalty as well.

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