Consumer complaint received 2021-10-14
Company: Medical Data Systems, Inc.
State: TN
Product: Debt collection
Sub-product: Medical debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was already discharged in bankruptcy and is no longer owed

Complaint:
I called this company Medical Data Systems Inc, Regarding a debt from XXXX. They have falsified on my XXXX credit report that I opened a debt as of XX/XX/XXXX. This debt was originated back in XXXX and was included in my ch. XXXX bankrupcty case # XXXX discharged by XXXX XXXX XXXX XXXX XXXX I called this collection agency for their collection tactics of not first verifying the validity of a debt and running a bankrupcty report before arbitrarily placing this debt on my credit report. How can a organization pull my credit report without authorization? Abruptly place a year old debt that is a closed account included in bankruptcy on my report without any notice or validity. 
I spoke with a collections representative by the name of XXXX who I advised the account is under bankruptcy. According to FDCPA 806. Harassment or abuse A debt collector may not engage in ANY conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. 
XXXX was overly aggressive, and demanding. I advised her several times to allow me to speak and she continued to over talk me. I explained that I wanted to obtain clarity on when they will remove this error from my report. Due to her lack of assistance and clarity on their process and her persistent unprofessionalism and abusive tone I requested for her manager.

I then was transferred to Manager XXXX verified again with her and then advised her that they placed account on my credit after it was already included in bankruptcy and needs to be removed effective immediately. I offered case number. She then stated she is confused as to what case number I am talking about and If I filed bankruptcy. I advised that I have no idea why she is confused when I explained that I filed and willing to offer the number. Her tone became immediately aggressive and condescending telling me that I am rude and from that point forward her tone and approach was extremely abusive, aggressive and belligerent. I advised her that the conversation is being recorded and that I will be glad to play her behavior to my attorney as there is no reason for her taking this type of aggressive tone with me, when her company is the one at fault. She demanded aggressively that I give her the case number and I proceeded to provide it and while researching for my attorney 's telephone number I prefaced giving the number by stating to her " before the call is disconnected I have questions regarding this account ''. Her tone and manner of aggressive behavior led me to believe that once I gave my information she will harassingly hang up the phone in my face. So I stated to her before giving the attorney information " i have questions, and if you hang up in my face im going to consider that as abusive tactics and harassment '' I gave the attorney information and requested for her to repeat the telephone numbers and case numbers to ensure she had it accurately. She became extremely upset at my requesting for her to verify the information she document... Only to find out when she finally relented to repeating it that she actually documented it incorrectly. I gave the information again. Asked her to verify it and once she confirmed it she hung up in my face while I was in mid speech. This type of tactical abuse and harassment should not be allowed. I called back and then spoke with the Head of the office XXXX, I explain the abuse I received and the error. She stated that the manager updated the information. However, I have checked my XXXX report ( XX/XX/XXXX ) and the error again was reported to all three bureaus. Furthermore I asked her about the policy if they allow for collectors and managers to yell, overtalk, speak aggressively, belligerently to consumers, or disconnect calls in consumer 's faces for asking questions. She stated that collections is intense and sometimes gets heated and she advised that she tells her reps and managers to hang up if the caller is cursing, yelling, and volatile. She stated that her office policies and disciplinary action is none of my business and I explained to her that Im not seeking that, and only was trying to file complaint with her and once she listens to the call I was neither of those things she identified. I simply wanted to know how her organization will take action on this matter since I have provided bankruptcy information. My discharge has been since XX/XX/XXXX and this debt dates back to XXXX. She stated they will update it accordingly without any specific time of removal or clear defined action. PLEASE HELP. THIS AGENCY IS NOT ONLY ENCOURAGING ABUSIVE TACTICS, BUT HOLDING MY CREDIT HOSTAGE ONCE VERIFICATIONS OF BANKRUPTCY HAVE BEEN MADE AND PROVIDED. AS QUICKLY AS they placed on my credit in error they should remove it as the same. There is no transparency in their tolerance of abusive tactics and accountability and also no transparency in their policies in terms of correcting their errors. Please help.

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