Consumer complaint received 2024-10-28
Product: Debt collection — Medical debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: EQUIFAX, INC. (NJ)

Subject : Dispute of Inaccurate Credit Report Entry Related to Malpractice Case Request for Immediate Removal Dear XXXX, XXXX ( Disputes ), XXXX, Equifax, & XXXX : This is not a complaint against the dental provider, as a mutual agreement has been reached. In my previous complaint, filed under Complaint ID numbers XXXX ( XX/XX/XXXX ), XXXX ( XX/XX/XXXX ), and XXXX ( XX/XX/XXXX ). XXXX, XXXX did not address the seriousness of this issue or offer a satisfactory solution. I have made every effort to resolve this matter, with the expectation that XXXX, XXXX would honor its own policies and Bill of Rights. 

As previously stated, I have reached a mutual agreement with my provider due to an unfortunate case of malpractice and inadequate completion of services that formed the basis of XXXX, XXXX 's funding. Although this agreement does not directly name XXXX, XXXX, it underscores the defect in the services that the loan was originally intended to finance. 

Grounds for Removal Under FCRA, CFPB Authority, and XXXX, XXXX Possible Practices Under the Fair Credit Reporting Act ( FCRA ), Consumer Financial Protection Bureau ( CFPB ) guidelines, and XXXX, XXXX own policies on consumer rights and dispute resolution, I am entitled to accurate and fair reporting. Additionally, XXXX, XXXX required me to confirm, on my initial visit to the dental provider, that treatments were completed on that same day, which was not the case, the attached copy of my patient ledger reflects that the visit was for an evaluation and consultation only. This raises concerns that XXXX, XXXX may have a practice of requesting confirmation of treatments prematurely, which could suggest a pattern of inaccurate reporting that misleads consumers and impacts their credit. 
1. Pattern of Potential Misrepresentation by XXXX, XXXX XXXX, XXXX  requirement for me to confirm treatments before they were actually completed suggests a possible culture within the company of prematurely verifying treatments, which could be used to expedite financing approvals or for other internal objectives. This practice could indicate a pattern of consumer misrepresentation, where XXXX, XXXX may systematically request and rely on false information to report financing completion prematurely. 
2. FCRA, Section 611 Right to Dispute Inaccurate Information This debt, being tied to a malpractice case, no longer reflects a valid obligation due to the mutual agreement reached with the provider. XXXX, XXXX  role in prematurely confirming treatments has only contributed to the inaccuracies now reported on my credit profile. I therefore request the removal of this entry to correct this misrepresentation. 

3. CFPB Investigation of Potential Widespread Conduct Given XXXX, XXXX  actions in my case, I am requesting that the CFPB review XXXX, XXXX  approach to verifying and reporting treatments and financing of medical services. If my experience is indicative of broader practices, XXXX, XXXX  conduct could represent a systemic issue, potentially violating consumer rights and CFPB guidelines. 
4. Dodd-Frank Act, Section 1031 Protection from Unfair, Deceptive, or Abusive Acts XXXX, XXXX  insistence on confirmation of false information may constitute an unfair and deceptive practice under Section 1031 of the Dodd-Frank Act. Their conduct in this instance, if representative of standard practices, suggests a lack of transparency that may harm consumers seeking fair and accurate financing for medical services. 
5. XXXX, XXXX Customer Bill of Rights or Policies on Dispute Handling and Accuracy I am requesting that XXXX, XXXX adhere to their stated commitments to fair lending, transparent communication, and dispute resolution, particularly in cases involving medical services. Given that the provider, XXXX, XXXX  business partner, has acknowledged malpractice, I expect XXXX, XXXX to take this into account and act according to their own policies on accuracy and consumer protection. 

XXXX, XXXX 's actions appear to contradict several core principles typically outlined in their own Bill of Rights. By requiring premature confirmation of completed services, XXXX, XXXX may have failed to maintain transparency in the loan process. 

Additionally, their continued pursuit of collections and negative credit reporting-despite an unresolved malpractice situation and mutual agreement with the provider-raises questions about their commitment to fair treatment, customer resolution, and respect for consumer rights. I have made every effort to address this matter with XXXX, XXXX in the expectation that their policies would be honored. 

6. CFPB Regulation V ( 12 CFR Part 1022 ) Consumer Right to Error Resolution and Accurate Reporting XXXX, XXXX  requirement to confirm treatment completion prematurely has led to inaccurate reporting, inconsistent with CFPB Regulation V, which requires that furnishers ensure the accuracy of all information provided to credit bureaus. XXXX, XXXX  actions here warrant immediate removal or correction of the debt on my credit profile. 

7. CFPB Bulletin XXXX Medical Debt Reporting Accuracy The CFPB has underscored the need for accuracy in medical debt reporting, recognizing it as an area often prone to errors. This debt involves a medical procedure now proven to be malpractice, and I request that CFPB take this into consideration and enforce fair reporting standards. 

Request for Reinvestigation and Removal I am requesting an investigation of this matter under Section 611 ( a ) of the FCRA. I have attached documentation, including a copy of my mutual agreement with the provider, to support this request. Failure to act on this will leave me with no option but to escalate this dispute by filing a complaint against XXXX, XXXX with the Division of Consumer Affairs, Federal Trade Commission ( FTC ) and, if necessary, pursuing further legal action in federal court. 



Additionally, I am requesting that XXXX, XXXX, XXXX provide the following : 8. Documentation of Loan Process : All records, including timestamps and terms that I was shown before being required to confirm treatment completion. 
9. Insurance Claims Verification : Confirmation of whether XXXX, XXXX filed or received any insurance claims related to this loan. 
10. Compliance with Electronic Signature Laws : Evidence that XXXX, XXXX 's process for obtaining my electronic signature was compliant with consumer protection laws, given that no completed treatments had actually been rendered. 
Emphasizing that the mutual agreement with the provider resolved the malpractice matter and serves to highlight that the initial loan arrangement led to an incomplete and defective service. Although XXXX, XXXX is not directly implicated in our mutual agreement, the context could argue that XXXX, XXXX 's loan terms became void or inappropriate due to the failure in services. 

Highlighting the fact that XXXX, XXXX 's attempt to pursue payment is unfair in light of the malpractice, where I was effectively paying for services that were either incomplete and unsatisfactory. Since XXXX, XXXX required me to prematurely confirm completed treatments, they contributed to the incomplete and misleading transition despite the extensive nature of the procedure, which would have made completion impossible in a single visit. Documentation submitted by the provider to XXXX, XXXX for payment clearly outlined the scope of work yet to be completed, demonstrating that this was not a simple, quick procedure. This should have raised concerns with XXXX, XXXX regarding anything unethical. 

However, XXXX, XXXX either ignored these red flags or intentionally allocated funds for services not yet rendered. I have supporting evidence, including my patient ledger, confirming that the date XXXX, XXXX requested confirmation for my electronic signature was inaccurate and misrepresented the true timeline of treatment completion. I ask that the credit bureau request all paperwork submitted to XXXX, XXXX by the provider that aligns with my patient ledger, to confirm the inaccurate reporting. 


Attachments Mutual Agreement with Provider ( Acknowledging Malpractice ) Proof of Email from XXXX, XXXX Requesting confirmation of completed Services Not Rendered A copy of my patient ledger outlining dates of alleged services. You will see that I had my initial consultation on XX/XX/XXXX, in which no treatment was provided or ( completed ). 
Thank you for your prompt attention to this matter. I expect a written response within 30 days as mandated by law. 
Sincerely, XXXX XXXX XXXX