Consumer complaint received 2021-11-17
Company: Merchants and Medical Credit Corporation, Inc.
State: MI
Product: Debt collection
Sub-product: Medical debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
I am writing this complaint because I believe my consumer rights have been violated. Upon reviewing my credit report I noticed Merchants & Medical was reporting 3 alleged debts that I did not give them permission to report. 

According to 15 USC 1681b - Permissible purposes of consumer reports, any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) in accordance with the written instructions of the consumer to whom it relates. This is also a violation of 15 USC 1681 ( a ) ( 4 ) infringed Upon a Consumers Right to Privacy. 

I did not give this company permission to share my private information with any credit reporting agencies. They violated FDCPA 15 USC 1692c ( b ) I sent Merchants and Medical a certified letter on XX/XX/2021, according to tracking information they received on XX/XX/2021. In my communication with them, I demanded they send me 3 things Validation of the debt - that is the actual accounting.

Verification of the claim against me ; that is, a signed invoice.

A copy of the contract binding both parties ( Merchants & Medical and myself ), in a letter by certified mail so that there is an independent witness to having been delivered. 
I received their response 5 days later stating that the debts were already validated and that their duties were fulfilled. They also sent me a copy of a medical procedure Type summary & transcript of medical procedures which is NOT Validation. 

According to Federal rules of evidence, Rule 1002. Proper evidence means Requirement of the Original its defined as - An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise. 

The medical procedure Type summary & transcript of medical procedures they sent me is a violation of HIPAA - infringing on a consumer 's right to privacy. 

I have never signed a HIPAA release form to release my private medical records to Merchants & Medical which makes this a HIPAA violation. HIPAA protects my privacy and medical records from being used without my consent. So they violated 42 USC 1320d-9 ( b ) ( 3 ). No consent means identity theft! 

They also violated 15 USC 1692B ( 5 ) by using the phrase, This is an attempt to collect a debt and any information obtained will be used for that purpose. 

In my communication with Merchants & medical dated XX/XX/2021 I gave this collection company clear instructions to properly validate this debt, send me a list of all parties their company has shared my information with, also a cease and desist in which they ignored and failed to comply with which is a violation of 15 USC 1692c ( c ) so I'm submitting my complaint also demanding the accounts be removed within ( 7 ) days as well as seeking remedy in monetary relief for the emotional damage and physical anxiety, this has caused me. I also hereby reserve my right to take private civil action against Merchants & Medical to recover damages.

Company response to consumer: Closed with explanation