Consumer complaint received 2023-03-23
Company: Ability Recovery Services, LLC
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Old information reappears or never goes away

Complaint:
This complaint is being filed against third party collection agency Ability Recovery Services and XXXX consumer reporting agency. This collection agency and XXXX have REINSERTED a medical account on my consumer file WITHOUT a NOTICE in writing no later than 5 business days after the reinsertion which is a VIOLATION of the FAIR Credit Reporting Act 611. [ 15 U.S.C 1681i ( a ) 5 ) ( B ) and ( C ) for failure to give me proper notice and maintain REASONABLE PROCEDURES DESIGNED to PREVENT the reappearence in a consumer file. The account number changed from XXXX to NOW XXXX but has the SAME balance {$640.00}, SAME company name ABILITY RECOVERY and SAME original creditor XXXX XXXX XXXX leading me to believe this is the SAME account. I feel like I have already took the proper steps with this collection agency DIRECTLY and XXXX refused to delete this item from my report after the reinsertion. 

XX/XX/XXXX I sent Ability Recovery a letter DIRECTLY at there address Ability Recovery Service, XXXX XXXX XXXXXXXX XXXX XXXX  XXXX requesting for proper Validation as well as notifying them of the HIPAA violations being committed on my consumer file by them. Tracking XXXX. Ability Recovery RECIEVED my request on XX/XX/XXXX. Attached is a copy for your viewing. 

XX/XX/XXXX Ability Recovery responded and sent me a letter stating that the additional letter enclosed was VERIFICATION and they had INCLUDED a DIFFERENT third party collection agency XXXX XXXX XXXX XXXX in there same letter saying that XXXX XXXX XXXX XXXX has PURCHASED the debt from XXXX XXXX XXXXXXXX. They also state the the balance is still outstanding and DUE TO XXXX XXXX XXXX Enclosed with that letter is a piece of paper created by XXXX XXXX XXXX that reflects NO Proper Validation. The ORIGINAL CREDITOR is NOT even listed no were on the Validation they claim to have proved. I was also confused on why a third party collection agency ABILITY RECOVERY was listing ANOTHER third party collection agency XXXX XXXX on there same letter claiming that I owe XXXX XXXX but Ability Recovery was the current owner? This is a VIOLATION of the FDCPA 1692e ( 14 ) because this third party collection agency has included another third party collection agency company other than there true identity and company name. XXXX XXXX is based out of Pennsylvania and XXXX XXXX is based out of Florida. There should be no reason why 2 different third party collection agencies should be listed on the same letter claiming validation on this alleged debt. Attached is a copy for your viewing. 

XX/XX/XXXX i sent Ability Recovery a 2nd letter tracking XXXX and they received my letter XX/XX/XXXX. In this letter I notified them of all the FDCPA violations they have committed by accusing me of owning them or XXXX XXXX this alleged debt that has NOT been proven to be legal. Attached is a copy for your viewing. 

XX/XX/XXXX I even took it upon myself to send XXXX XXXX  a DIRECT VALIDATION REQUEST to there mailing address XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX, since Ability claims that I owe XXXX XXXX. Tracking XXXX. My request DID NOT get to them leading me to believe that there address is NON DELIVERABLE. 

XX/XX/XXXX XXXX DELETED this account from my experian file. 

XX/XX/XXXX I noticed that this same company ABILITY RECOVERY has flagged my XXXX file. XXXX or this company has REINSERTED this SAME account with the same balance {$640.00}, same original creditor XXXX XXXX XXXX BUT now they are reporting a different account number XXXX. I sent XXXX a dispute notifying them of the Violation of Reinserting this account without proper written notices from XXXX in regards to the reinsertion 611. 15 U.S.C 1681i ( a ) ( 5 ) ( B ). 

XX/XX/XXXX XXXX generated me with results report # XXXX and XXXX  results outcome was the company that reported the information has CERTIFIED to XXXX that information is ACCURATE. 

If Ability Recovery or XXXX XXXX simply could not provide proper validation in order to make this alleged debt legally valid BEFORE then how is it possible to report the same debt claiming that I owe them still NOW? 

I want this account IMMEDITELY DELETED. My consumer rights are being VIOLATED. 

VIOLATIONS COMMITTED BY ABILITY RECOVERY and XXXX XXXX. 611. [ 15 U.S.C 1681i ( a ) 5 ) ( B ) and ( C ) Requirements relating to Reinsertion of Previously Deleted Material. 
2. 1692e ( 14 ) The use of any business, company, or organization name other than the true name of the debt collectors business company or organization.

3. 1692g ( a ) Notice of debt, contents 4. 1692e ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

5. 1692g ( b ) Disputed Debts 1692c ( c ) per my consumer rights I REFUSE to pay a alleged debt without proper legal document PROOF of VALIDATION that will be accepted by the court. My Hipaa rights are being VIOLATED when Hipaa is suppose to PROTECT third party collection agencies from using private medical information without my consent. I have never signed a Hipaa release form with Ability Recovery or XXXX XXXX to assume this debt is legally valid and by these third party collection agencies claiming they have my alleged private medical information WITHOUT my consent, that is a direct Hipaa violation. Since XXXX decided to NOT take reasonable procedures DESIGNED to PREVENT reappearance on this account I am now requesting the Certification from the data furnisher or the person who Certified the account in regards to the reinsertion.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation