Consumer complaint received 2021-05-08
Company: EQUIFAX, INC.
State: PA
Product: Debt collection
Sub-product: Medical debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Pa XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, VA XXXX Date : XX/XX/XXXX Date Reported : XX/XX/XXXX Re : Acct # XXXX SSN last four - XXXX Original Amount Owed : {$340.00} Debt : {$770.00} To Whom It May Concern : This letter is being sent to you in response to your attached letter. 

I am a victim of Identity thief and your company is coming up as a collection on my Equifax credit report. 

Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you say 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 that there is some contractual obligation which is binding on me to pay this debt. 

Please attach copies of : 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.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 11/30/2009 and the penalty rules of the FCRA and FACTA including FACT Act changes final rules effective July 1, 2010..

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.

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.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns I require compliance with the terms and conditions of this letter within 30 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 BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion and illegal collection activities on any account that may be time-barred as well as in violation of ( name of your State ) medical privacy rules. 

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

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation