Consumer complaint received 2024-10-03
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: EQUIFAX, INC. (FL)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX SSN : XXXX Date : XX/XX/XXXX Equifax Information Services LLC XXXX XXXX XXXX XXXX XXXX GA XXXX Subject : Follow-up to Dispute of Medical Collection Account - Account # XXXX Account Name : XXXX XXXX XXXX XXXX  CFPB Complaint # XXXX Dear Equifax, I am writing as a follow-up to my previous dispute, dated XX/XX/XXXX, concerning the medical collection account reported under the name XXXX XXXX XXXX XXXX, account number XXXX XXXX Your recent response stated that the account has been verified ; however, I believe this verification was inadequate and potentially in violation of the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ), and the Health Insurance Portability and Accountability Act ( HIPAA ). 

Under 15 U.S. Code 1681i ( a ), the FCRA requires that Equifax conduct a " reasonable investigation '' of disputed information. I have not received any documentation proving the validity of this debt or detailing the verification process. Courts have ruled in *Johnson XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX Cir. XXXX ), that failure to conduct a reasonable investigation constitutes a violation of the FCRA. Therefore, Equifaxs failure to provide proof of this debt is a violation of my rights under the FCRA.

Additionally, under 15 U.S. Code 1692j, the FDCPA prohibits the furnishing of misleading or false information that could imply participation from parties not associated with the original creditor. The collection account in question raises concerns about compliance with this provision, and I request a more detailed review to ensure the collection is being reported accurately.

Furthermore, I believe this account may involve a violation of the Health Insurance Portability and Accountability Act ( HIPAA ). HIPAA requires that medical providers and their agents maintain the confidentiality of Protected Health Information ( PHI ). In this case, it appears that XXXX XXXX XXXX XXXX, a third-party collection agency, may have disclosed my medical information beyond what is necessary for collection purposes, which could violate HIPAAs privacy standards. If so, this would be a breach of federal law regarding the handling of my private health information.

HIPAA strictly limits the information that can be disclosed to third parties, including credit reporting agencies, to prevent the unauthorized disclosure of medical details. The courts have previously addressed issues related to the misuse of medical information in the context of debt collection. In *Randolph v. IMBS, Inc.*, 368 F.3d 726 ( 7th Cir. 2004 ), the court found that violations of FDCPA can implicate HIPAA protections, especially when medical debt collection practices fail to protect patient privacy.

Given the violations of the FCRA, FDCPA, and HIPAA, I demand the immediate deletion of the medical collection account in question from my credit report. Failure to comply with the law will result in the escalation of this matter.

If Equifax fails to delete the account and provide the requested documentation, a federal lawsuit will be filed by my attorney, XXXX XXXX, XXXX, who has been CCd on this letter, for every violation cited under the FCRA, FDCPA, and HIPAA.

In addition to the deletion, I request : 1. Documentation that clearly shows how Equifax verified the account in question.

2. The original documents or a direct response from XXXX XXXX XXXX XXXX or FL XXXX XXXX XXXXXXXX, validating that this account is legitimate. 
3. A detailed description of the procedures used during the investigation to verify this account and ensure compliance with HIPAA privacy laws. 

I look forward to your immediate compliance with this request to avoid further legal action. 

Sincerely, XXXX XXXX XXXX XXXX : XXXX XXXX, XXXX. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CT XXXX