Consumer complaint received 2021-10-21
Company: WAKEFIELD & ASSOCIATES, INC.
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
hey my name is XXXX XXXX i am writing because The accounts listed below are medical accounts on my credit report. I never gave this company authorization to obtain any of my medical records. This is a violation of hipaa laws and public law unless this company can give me Hipaa authorization form of me giving them consent to obtain my records they must remove this account from my credit report and their records. According to public law 104-191 and this company would also be liable for up to {$250000.00} according to Sec. 1177 of public law 104-191 which states- ( a ) OFFENSE. -- A person who knowingly and in violation of this part -- ( 2 ) obtains individually identifiable health information relating to an individual ; shall be punished as provided in subsection ( b ) ( 3 ) if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, be fined not more than {$250000.00}, imprisoned not more than 10 years, or both. The term 'individually identifiable health information ' means any information, including demographic information collected from an individual, that -- A ) is created or received by a health care provider, health plan, employer, or health care clearinghouse ; and ( i ) identifies the individual; or ( ii ) with respect to which there is a reasonable basis to believe that the information can be used to identify the individual. Seeing as they will gain money in exchange for successfully collecting this alleged debt they are now guilty of obtaining individually identifiable health information for commercial advantage. 

They are committing fraud by having access to my medical records. I want them removed immediately. First they obtained my records fraudulently then they released them fraudulently to the credit agencies as well because I never gave them consent to release any of my information. In addition pursuant to 15 U.S.Code 1681 ( a ) ( 4 ). This company has also violated my right to privacy by furnishing private information about me without any lawful authority or my written consent. Furthermore a consumer must be given a chance to direct whether they want the information about a transaction to be reported or not. This is referenced in the Gramm-Leach Bliley Act. I was not given the chance to opt-out of having this information reported.

This company has violated my rights many times however these are the most important reasons. I retain the right to pursue legal action If I deem it necessary however the only request I am making is to have my information deleted from their company records. I also wish to cease and desist all furnishing or verifying of this information to my credit reports. I also demand these accounts be removed from my credit report immediately thank you. 

Account Name : Wakefield And Associ Balance : {$620.00} Date opened : XX/XX/2018 Account Number : XXXX Account Name : Wakefield And Associ Balance : {$350.00} Date opened : XX/XX/2018 Account # XXXX

Company response to consumer: Closed with explanation