Consumer complaint received 2022-06-05
Company: Phoenix Financial Services LLC
State: TX
Product: Debt collection
Sub-product: Medical debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
I request validation of this debt per Texas Finance Code Section 392.202 which requires a debt collection agency or credit bureau to provide the alleged debtor with specific information concerning their debt including but not limited to ; For the purpose of validation provide me with : The name and address of the original creditor. The original date of default or non-payment of the debt with original creditor. The date the debt was transferred from the original creditor to the third party debt collector. The original balance. The current balance. Any fees added by your agency. Sec. 392.303 ( a ) ( 2 ). I did not sign any agreement and/or contract with this company regarding any allege debt. And this company should provide a valid recorded copy of an assignment of transfer to be able to attempt to collect on uncollectable debt after the statute of limitations. 
Texas Surety bond information as required by Sec. 392.101 - my original signature on the application from the creditor - my original signature on an application with your office consenting to any service Please note XXXX, XXXX, and XXXX are bonded in the state of Texas and are required to comply with Texas Finance Code. If a debt collector has failed to respond to your debt validation request, then they have essentially admitted, per Texas Finance Code 392.202 ( b ) ( 2 ), that the debt in question is inaccurate. Per this requirement you must delete this trade line if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 ( d ) ( 1 ) Also per Texas Finance Code 392.202 Correction of third -party debt collectors or credit bureaus files.

I request immediate notification by mail if this alleged debt is sold or transferred per Sec. 392.301 ( a ) ( 4 ). This is a violation of HIPPA as I did not provide authorization for a non medical third party to obtain, retain and/or review my personal medical information by any of my physicans. 

The Texas law ( No Surprise Act ), passed in XXXX, bans balance billing for certain medical services or supplies received on or after XX/XX/XXXX. In addition, the company did not follow Texas regulations by attempting to resolve the alledged debt prior to placing it on all credit bureaus. The federal No Surprises Act became effective XXXX XXXX, XXXX. It established a federal law prohibiting balance billing for out-of-network, self-pay, and uninsured patients from certain surprise medical bills. The law also created patient price transparency rules by requiring certain physicians to provide their patients with good faith estimates. 

I did not know this company was out of network for this alledged debt. The following regulations were violated. 

Texas Senate Bill 1264 Adoption Order 2019-6172 for the Out-of-Network dispute Resolution rules 28 Texas Administrative Code Subchapter PP Texas Insurance Code Chapter 1456 This company is also attempting to collect debt that has exceeded the statute of limitations in the state of Texas. This company does not have my permission to call me on any cell phone I may have possessed, currently possess or will possess in the future. They need to cease and desist their threats to sue requesting that I submit a written plaintiff statement in my defense and schedule a time and location for delivery of whatever, which is a violation of collection practices to threaten to sue someone or delivery lawsuit/judgement items to their place of employment. I am seeking an attorney to discuss a class action lawsuit as I believe this is their practice and they are violating several laws includes Texas Finance Code 392.202 ( b ) ( 2 ), FCRA, FDCPA, Texas Debt Collection Act and TCPA 47 U.S. Code 227. These calls are harassment and have been going on for months, which is a violation of FDCPA. A complaint has also been filed with the Texas Attorney General 's office. I will also be filing a lawsuit in the state of Texas due to the violation of the TCPA and FDCPA.

There is no executed contract authorizing transfer of alleged debt to an unauthorized third party. Please reply with your response via US MAIL. Do not contact me by phone as it is inconvenient. Do not contact my family, acquaintances, or employer in any manner. Please note I am fully prepared to pursue my rights for the harm this inaccuracy has done to me. Sec. 392.403. CIVIL REMEDIES. ( a ) A person may sue for : ( 1 ) injunctive relief to prevent or restrain a violation of this chapter; and ( 2 ) actual damages sustained as a result of a violation of this chapter. Please also note Texas BCC17. I demand that you will not sell, transfer, or assign this debt per Sec. 392.301 ( a ) ( 4 ). Regards.

Company response to consumer: Closed with explanation