Consumer complaint received 2018-07-28
Company: RS Clark and Associates, Inc.
State: TX
Product: Debt collection
Sub-product: Medical debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
I have an unverified account from RS Clark and Associates account # XXXX, for which Ive been previously disputing. I have never done business with RS Clark and Associates and sending letters Ill attached and their responses. Ive even called several times and left messages for their manager only name Ms. XXXX. I never received the proper correspondents nor given the right to challenge or dispute this account before it appeared on my credit report.

Pursuant to the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C.1692g, I disputed the ownership and legality of this HIPPA Act Violation debt purport that I owe. The account has been in dispute for several months.

RS Clark and Associates, who is collecting on behalf of XXXX XXXX XXXX XXXX is required to notify me prior to reporting this account to the credit reporting agencies failed to do so before reporting this derogatory info.

Ive repeatedly requested this account validation as well as my given consent only to received insufficient responses and HIPPA Violations detailing services allegedly rendered. Ive never received what I specifically asked for.

RS Clark and Associates has broken many laws under the UCC that all notices were timely and properly given by dated certified mail receipt which was not met. First, I never received any correspondence from RS Clark and Associates nor XXXX XXXX XXXX XXXX.

I have no known relationship with this company RS Clark and Associates and I am unaware of how they have obtained my personal identifying information without my knowledge and/or consent. Also, neither XXXX XXXX XXXX XXXX nor RS Clark and Associates 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, theyve 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 TX allows treble damages. Under 809. Validations of date and Mini-Mirandi under Section 807 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.

Additionally, I am allowed under the HIPAA law ( Health Insurance Portability and Accountability Act of 1996 ), to protect my privacy and medical records from third parties. I do not recall giving nor gave my permission for XXXX XXXX XXXX XXXX to release my medical information to a third party. I am aware that HIPAA does allows for limited information about me but anything more is to only be revealed with the patients authorization, therefore my request is as follows ; HIPPA Authorization - Cease any credit bureau reporting as Ive tried repeatedly to get RS Clark and Associated to validate this debt by me. Please note that withholding the information you received from any medical provider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you will be deceiving me after my written request. They've also failed to mark item as previously disputed.

Company response to consumer: Closed with explanation