Consumer complaint received 2019-02-26
Company: United Consumers Inc
State: MD
Product: Debt collection
Sub-product: Medical debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
XXXX XXXX XXXX XXXX  contacted United Consumers to open a collection and put a deragorty mark on my credit, from a hospital bill that occurred in early XXXX, when I was still just a minor. They opened the collection in XXXX, around the time Id gotten my first credit card. I wrote the company several times in XXXX using the contact us option on their website. I finally contacted them again yesterday and asked why I was receiving this bill when at the time, I was a minor with insurance under both of my parents. They told me they billed one of the insurances, and the debt left over was my responsibility. They said Any balance of the bill that was not paid by insurance will be billed to the guarantor or patient .... I wrote back and told them : This should not have been billed to me, and I am not responsible for paying this bill. According to Maryland Code, Commercial Law 1-103, the age of majority is 18 years old in Maryland and anyone under 18 can not be legally bound to a contract unless they are legally emancipated, which I can assure you I was not. This means I lacked the capacity and legal ability to enter any contract. ( please refer to section C, parts 1 ) ( a ) The Maryland Uniform Commercial Code shall be liberally construed and applied to promote its underlying purposes and policies.

( b ) The underlying purposes and policies of the Maryland Uniform Commercial Code are : ( 1 ) To simplify, clarify, and modernize the law governing commercial transactions ; ( 2 ) To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties ; and ( 3 ) To make uniform the law among the various jurisdictions. 
( c ) Unless displaced by the particular provisions of the Maryland Uniform Commercial Code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions, except that : ( 1 ) The age of majority as it pertains to the capacity to contract is 18 years of age ; and ( 2 ) No person who is at least 18 years old shall be considered to be without capacity by reason of age.

I also want proof of this debt, showing the contract where I supposedly signed my name and consented for my own treatment, within 30 days. To attempt to collect the debt on which the creditor can not show a contract or an underlying basis would violate the Fair Debt Collection Practices Act.

According the FDCPA under Unfair Practices [ 15 USC 1692f ] : A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. I was unconscious when I was brought to the hospital by my best friend, and my father was called specifically because I was underage so that they could get consent for treatment by a parent. This debt needs to be taken off of my credit immediately or I will take this to the FDCPA and we can ultimately take this to court.

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