Consumer complaint received 2021-10-21
Company: Phoenix Financial Services LLC
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
Reference : Acct # XXXX Reference : Acct # XXXX Reference : Acct # XXXX Hello, My name is XXXX XXXX XXXX On XX/XX/2021 I sent a letter to Phoenix Financial Services which I will refer to as PFS. I am writing to inform you that you have committed $ XXXX worth of violations against me. Tracking records show it was received on the XXXX of XXXX. You will find a copy of this letter attached. You will also find a copy of the response I received from your client as Exhibit B. I will also refer to both exhibits multiple times in this letter. 

In my letter you will see that I requested VALIDATION from PFS for the accounts they placed on my credit report. Which is my right as per the fdcpa in the letter I also asked for multiple attachments that would validate your right to collect this alleged debt from me. Which you will also see in in my letter, of all the documents I requested PFS only responded with 1 PAGE which is in no way enough to VALIDATE this alleged debt. Among the requested documents I also requested THE CONTRACT between me and PFS that gives PFS the legal right to collect this debt which once again they did not provide. More IMPORTANTLY seeing as this is a medical debt I requested a copy of my Hipaa Authorization form which should be in their possession In order to have access to my medical information which they would need to validate this as my debt. An Hipaa authorization would have my signature and would confirm that I have given the healthcare facility my permission to release my medical information. It would also confirm that I give consent to PFS to obtain my medical information. 

Since PFS did not respond to my request with a copy of said Hipaa authorization form I have no choice but to assume you do not have it. In which case PFS would be in violation of public law 104-191 and PFS would also be liable for up to {$250000.00} according to Sec. 1177 of public law 104-191 which states- ( 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 ) ( 3 ) if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, be fined not more than {$250000.00}, imprisoned not more than 10 years, or both. The term 'individually identifiable health information ' means any information, including demographic information collected from an individual, that -- A ) is created or received by a health care provider, health plan, employer, or health care clearinghouse ; and ( i ) identifies the individual; or ( ii ) with respect to which there is a reasonable basis to believe that the information can be used to identify the individual. Seeing as PFS will gain money in exchange for successfully collecting this alleged debt they are now guilty of obtaining individually identifiable health information for commercial advantage.

In addition the attachment labeled Exhibit B has multiple violations of the Fdcpa such as 15 U.S Code 1692e ( 2 ) ( A ) - false character, amount, or legal status of any debt. As you can see labeled out in Exhibit B the amount PFS claims is Owed is showing in a positive amount if the amount was owed it should have - indicating the balance is in the negative. Also PFS placed a logo inside of the written communication they sent me shown in Exhibit B which is a violation of 15 U.S code 1692f ( 8 ) which states Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

In addition pursuant to 15 U.S.Code 1681 ( a ) ( 4 ). PFS has violated my right to privacy by furnishing private information about me without any lawful authority or my written consent. Furthermore a consumer must be given a chance to direct whether they want the information about a transaction to be reported or not. This is referenced in the XXXX XXXX XXXX. I was not given the chance to opt-out of having this reported information about Account Number : XXXX  not being reported and is a violation of 15 U.S. Code 1681a ( 2 ) ( A ) ( iii ) and must be removed.

While I could very well exercise my right to monetary compensation for each violation of my rights to the fullest extent by seeking legal counsel or arbitration. Pursuant to 15 U.S Code 1692k - Civil liability 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 ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ;, that is a longer process than what I would like to proceed through. I only request that your company immediately remove my information from your records and company sites. I also request that you remove this account immediately from my credit file and any and all consumer reports. Please send me confirmation of both of my requests within 7 days from your receipt of this letter. I do not consent to any communication via telephone or email. I request that all communication be done via mail so that I may keep all responses and communications for my records in case legal action becomes necessary. 

In the event of noncompliance, I reserve the right to file charges and/or complaints with the XXXX 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 in violation of Florida medical privacy rules . I also hereby reserve my right to take private civil action against you to recover damages.

Please respond to this letter within 7 days from your receipt thank you. 

XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation