Consumer complaint received 2024-10-22
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: PORTFOLIO RECOVERY ASSOCIATES INC (TX)

XX/XX/year> Portfolio Recovery Associates , LLC XXXX XXXX XXXX XXXX, VA XXXX Sent via CFPB Re : Complaint Number : XXXX Alleged Account : XXXX Alleged Amount : {$530.00} To Whom It May Concern : I am writing in response to the wholly inadequate documentation received regarding the above-referenced matter, which further compounds the ongoing violations of federal law by both Synchrony Bank and Portfolio Recovery Associates , LLC ( PRA ). 

The documentation recently provided raises serious additional concerns regarding violations of : 1. The Health Insurance Portability and Accountability Act ( HIPAA ) 2. The Fair Debt Collection Practices Act ( FDCPA ) 3. The Fair Credit Reporting Act ( FCRA ) First, the alleged debt pertains to a XXXX XXXX account, which is exclusively used for medical and healthcare services. The unauthorized disclosure of medical debt information by XXXXXXXX XXXX to PRA, without proper patient authorization, constitutes a potential HIPAA violation. Neither entity has provided evidence of compliance with HIPAA 's privacy requirements regarding the transfer of protected health information. 

Second, the " documentation '' provided consists merely of : - A notification letter of debt sale - A partial statement showing only a charged-off amount - No original account documentation - No itemized list of services or charges - No evidence of proper chain of custody - No proof of HIPAA-compliant information transfer This fails to meet the validation requirements under 15 U.S.C. 1692g ( b ). Moreover, the attempted validation through incomplete documentation demonstrates a pattern of willful violations of federal law. 

Your continued credit reporting of this unvalidated medical debt raises additional concerns under FCRA 1681s-2 ( b ). The CFPB has specifically highlighted medical debt as requiring heightened scrutiny in credit reporting ( XXXX  XXXX ). Your failure to conduct proper due diligence before acquiring and reporting medical debt demonstrates willful noncompliance with federal regulations. 

DEMANDS : 1. Immediate deletion of all credit reporting related to this account within 5 business days 2. Written confirmation of : - HIPAA compliance documentation regarding the transfer of medical information - Complete chain of custody documentation from original creditor to PRA - Evidence of proper patient authorization for information sharing Failure to comply will result in : 1. Immediate filing of HIPAA complaints with the Office for Civil Rights 2. Additional CFPB complaints for willful violations 3. Legal action seeking statutory damages under multiple federal statutes 4. Reporting to the Texas Medical Board regarding improper handling of medical information 5. Notification to the FTC regarding pattern of FDCPA violations involving medical debt This is your final opportunity to address these serious violations. You have 5 business days to provide written confirmation of deletion from all credit reporting agencies and compliance with the above demands. 

All rights reserved. This is an attempt to resolve this matter amicably before pursuing all available legal remedies. 

Sincerely, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX, TX XXXX