Consumer complaint received 2023-03-03
Company: Adelante, Inc
State: TX
Product: Debt collection
Sub-product: Medical debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
To Whom It May Concern Account Services Colls is fraudulently reporting an alleged medical debt without verifying ownership. 

Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you claim that I owe you. I am requesting proof that : I am indeed the party you are asking to pay this debt ; the date of the alleged medical service ; the name of the patient ; and proof that there is some contractual obligation which is binding me to pay this debt. 

Please attach copies of : Please send me copies of any agreement bearing the signature of the alleged debtor with them agreeing to pay the creditor and since this is a medical account, a copy of any HIPAA authorization. 

Any agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment, and authorization under subtitle D of the ARRA, SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES ; and SEC. 13407 ( 1 ) BREACH OF SECURITY. 

This is in regard to unsecured PHR identifiable health information of an individual in a personal health record and the acquisition of such information without the direct authorization of the individual. 

The term breach of security means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual. 

Please note that enforcement of penalties against you is covered under the penalty rules of the Omnibus Final Rule effective XX/XX/XXXX interpreting and implementing various provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 ( HITECH Act ) as issued XX/XX/XXXX and the penalty rules of the FCRA and FACTA including FACT Act changes final rules effective XX/XX/XXXX. 

Please also attach copies of any agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor, and, as this is a medical account, a copy of any HIPAA authorization. 

As you are aware, enforcement of penalties against you is covered under the penalty rules of : interpreting and implementing various provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 ( HITECH Act ) as issued XX/XX/XXXX. The penalty provision of the ARRA section D, privacy provisions, the penalty rules of HITECH Act as issued XX/XX/XXXX and Omnibus Final Rule effective XX/XX/XXXX and penalty rules of the FCRA and FACTA including the FACT act changes final rules effective XX/XX/XXXX. 

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities, including reporting of, or verifying of this account on my credit reports. 

I require compliance with the terms and conditions of this letter within ten ( 10 ) calendar days, or a complete withdrawal, in writing, of any claim.

In the event of noncompliance, I reserve the right to file charges and/or complaints with the OCR on your HIPAA violations and appropriate County, State & Federal authorities, the CFPB, XXXX and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on illegal collection activities on any account that may be time-barred as well as violation of TEXAS medical privacy rules . 

I also hereby reserve my right to take private civil action against you to recover damages.

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