Consumer complaint received 2021-11-23
Company: Phoenix Financial Services LLC
State: IL
Product: Debt collection
Sub-product: Medical debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
Phoenix Financial Services, LLC contacted me at first by phone and then by mail stating that I owed them an alleged medical debt on behalf of XXXX XXXX XXXX XXXX, XXXX and or XXXX XXXX XXXX XXXX. Dated back to XX/XX/XXXX and XX/XX/XXXX. I informed PFS by phone when they contacted by phone that I was not aware of who they were, how they got my personal contact information as well as PRIVATE medical information. I requested they send me proof/verification of how much they gathered my info as well as proof/verification that I am indeed the person that owes this alleged debt. They sent me documents dated XX/XX/XXXX that contained an original creditor, a current creditor, creditor account numbers, dates of service, two separate balances, my alleged personal information, as well as alleged medical services provided as well as an alleged diagnosis on two separate visits to this same medical facility. I mailed them a letter on XX/XX/XXXX disputing this alleged debt, that they received and signed for on XX/XX/XXXX, in response to their original mail piece and demanded they prove that this alleged debt is indeed my obligation to pay and to provide me with copies of any agreements they had with the company they are working with or on the behalf of that gives them the authorization to contact me to collect 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. 
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 and authorization under subtitle D of the AARA, Sec 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES : and SEC. 13407 ( 1 ) BREACH OF SECURITY. 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. I also requested they send me any contractual obligation that binds me to pay the debt, as well as copies of any agreement that bears my signature wherein I agreed to pay the creditor, and, as this is a medical account, a copy of any HIPPA authorization. I also advised PFS that my letter to them is a formal dispute as well as a request that they cease and desist any and all collection activities, including the reporting of, or verifying of this account on my consumer report. They have violated many of my medical/civil rights as well as my consumer rights. I will outline below the violations as well my specific remedies I am demanding due to these violations. 

15 U.S. Code 1692g - Validation of debts - a ( 1 ) ( 3 ) ( 4 ) ( 5 ) ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

Phoenix Financial Services, LLC never sent me a written notice containing subsections a ( 1 ), ( 3 ), ( 4 ) or ( 5 ). This is a violation of my consumer rights.

15 U.S. Code 1692e. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

Due to Phoenix Financial Services, LLC not providing me with sufficient proof that I do indeed owe this alleged debt, I am left to believe the every document they have sent my by mail is false and misleading according to the U.S Codes I stated above.

15 U.S. Code 1692j - Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

Phoenix Financial Services, LLC has violated my rights under this section.

15 U.S. Code 1692k - Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or After my initial dispute with Phoenix Financial Services, LLC, they sent me another letter in the mail dated XXXX XXXX, XXXX. In that email PFS denied me my right to a RE investigation into my original dispute, deeming my original dispute/request to validate the alleged debt irrelevant and or frivolous.

15 U.S. Code 1681i - Procedure in case of disputed accuracy ( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.

( 3 ) Determination that dispute is frivolous or irrelevant ( A ) In general Notwithstanding paragraph ( 1 ), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.

Under the U.S. Code ( s ), section ( s ) and subsection ( s ) stated above, only a Consumer Reporting Agency can deem my dispute frivolous and or irrelevant and deny my request for dispute and or reinvestigation.

42 U.S. Code 1320d6 - Wrongful disclosure of individually identifiable health information ( a ) Offense A person who knowingly and in violation of this part ( 2 ) obtains individually identifiable health information relating to an individual ; shall be punished as provided in subsection ( b ). For purposes of the previous sentence, a person ( including an employee or other individual ) shall be considered to have obtained or disclosed individually identifiable health information in violation of this part if the information is maintained by a covered entity ( as defined in the HIPAA privacy regulation described in section 1320d9 ( b ) ( 3 ) of this title ) and the individual obtained or disclosed such information without authorization.

Phoenix Financial Services, LLC violated my rights under this section by obtaining my individually identifiable health information.

Company response to consumer: Closed with explanation