Consumer complaint received 2021-08-09
Company: Receivable Collection Services, LLC
State: NJ
Product: Debt collection
Sub-product: Medical debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I am concerned about the validity and accuracy of XXXX XXXX, and XXXX XXXX recent investigations ( XX/XX/XXXX ) and ( XX/XX/XXXX ) of RECEIVABLE COLLECTION that is reporting on my credit report. I requested a reinvestigation of a RECEIVABLE COLLECTION account reporting on my credit file because I felt the item was not being reported legally and lawfully. I received a letter stating that the XXXX XXXX, and XXXX  investigation was complete. I would like XXXX XXXX, and XXXX  to explain to me how they conducted their investigation? Furthermore, RECEIVABLE COLLECTION has report defamatory information about me to the Credit Bureaus on account # XXXX. I contacted the below creditors, and they have NO proof I opened the accounts, nor written authorization, and have failed to provide any permissible purpose. In accordance with 609 BUREAU DISPUTE VIOLATIONS, DELETIONS TO CREDIT REPORT. During the investigation period, these items must be removed from my credit report as the mere reporting of items prior to debt validation constitutes collection activity. According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), XXXX XXXX, and XXXX  are required by federal law to verify - through the physical verification of the original signed consumer contract - all accounts they post on my credit report. Otherwise, anyone paying for your reporting services could fax, mail, or email in a fraudulent account. I demand to see Verifiable legal and lawful Proof ( an original Consumer Contract with my Signature on it with RECEIVABLE COLLECTION ) XXXX XXXX, and XXXX  have on file account # XXXX. RECEIVABLE COLLECTION account information was deleted from XXXX  and XXXX  because the fraudulent account could not be legally verified. However, XXXX  reinserted the fraudulent account. Method of Verification 1. Please explain to me what your representatives uncovered to lead them to believe that you are reporting this item as it legally should be reported? 2. What certified documents were reviewed to conclude your investigation? 3. Please provide a complete copy of all the information that was transmitted to the data furnisher as part of the investigation. 4. What did it cost your company to obtain the documents needed to complete your investigation? 5. Please provide proof of your timely procurement of certified documents. 6. Did you speak directly to any agent of the company that was reporting the information to confirm the accuracy of what you are reporting? 7. If yes to above : a ). Who did you speak to? b ). On what date? c ). How long was the conversation? d ). What was their position? e ). What telephone number did you call? f ). What is the name of the employee of your company that spoke directly to the above party? g ). What is the position of the employee of your company that spoke directly to the above party? h ). How long has that employee been employed by your company? i ). What formal training was provided to this employee to investigate items of this kind? j ). Was there any e-mail or written communication between members of your company and the above party? 8. If so, please provide copies of all correspondence ; supply copies of all conclusive documentation to prove that you have in fact conducted a reasonable investigation of the account in question. 9. Provide the date of the commencement of information 10. Provide the SPECIFIC date reporting that these items will cease Enclosed with your response to the above questions I respectfully request a notarized affidavit confirming the information that is provided is true and correct as per my civil rights granted under several federal laws. This information should not come as a form letter response. My initial dispute was detailed and directly related to the account in question. A template response will not be an acceptable response. If you can not supply ALL the above information in a timely manner as detailed in several laws, including but not limited to the Fair Credit Reporting Act, I must immediately demand the permanent removal of this item from my credit report. This erroneous entry is detrimental to my overall credit rating and has caused me severe financial and emotional distress. If you choose not to provide the above-requested deletion or requested/required documentation of your investigation, I will pursue the enforcements of my constitutional rights via federal court proceedings. As you are aware this information will come out through my formal discovery process and necessary depositions. I have recently studied constitutional consumer protection laws along with civil/federal court procedures. I will formally request a jury trial! XXXX XXXX will further pursue all my legal remedies without further notice to XXXX, XXXX, and XXXX. XXXX XXXX has attempted to resolve this matter formally before filing a complaint on XXXX XXXX, and XXXX  and lawsuit! HIPAA and New Jersey 's Medical Privacy Statutes and the penalty provisions of the ARRA section D, privacy provisions, the penalty rules of the HITECH Act as issued XX/XX/XXXX, and the Omnibus Final Rule effective XX/XX/XXXX and the FACT Act final rules effective XX/XX/XXXX, XXXX.are in effect in this situation. 

The Privacy Rules prohibit a covered entity from using or disclosing an individual 's protected health information ( " PHI '' ) unless specifically authorized by the individual or otherwise allowed under the Privacy Rules. RECEIVABLE COLLECTION is attempting to collect a debt on the basis of fraud.

Please Remove/delete the RECEIVABLE COLLECTION, immediately!

Company response to consumer: Closed with explanation