Consumer complaint received 2024-08-16
Product: Debt collection — Medical debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: AmeriCollect (GA)

I am filing this complaint to inform you that Americollect, INC has unlawfully reported an alleged collection on my XXXX, XXXX, and XXXX consumer reports. I have not given permission for Americollect, INC to access my consumer report, and there is no proof of permissible purpose and the general or specific certifications required by law for this collection to be parked on my consumer reports. I have not initiated any transaction with Americollect , INC . I wrote to Americollect, INC on XX/XX/XXXX [ certified mail # XXXX ] to resolve this issue to no avail ( See Evidence ). I have requested the validation of debt pursuant 12 CFR 1006.34 and to date Americollect, INC has provided no such validation. I requested Americollect, INC to cease and desist reporting this information, and they have not. I am also requesting for the general or specific certifications pursuant to Rule 1002 required by 15 U.S.C. 1681b ( f ) to establish permissible purpose and compliance to furnish any information on my consumer reports for each consumer reporting agency that Americollect, INC has furnished this information. Furthermore, all of these alleged, negative, unvalidated accounts listed on my consumer reports have caused reputational, emotional, physical, and economic harm., therefore, I am requesting the tracking number and certified mail receipt of the notice of negative information that was to be provided to me, in writing, as required by 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( A ) within the timeframe established by 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( B ), prior to or no later than 30 days after Americollect, INC furnished any negative information on my consumer reports, also pursuant Rule 1002. Likewise, I am requesting my disclosures pursuant 15 U.S.C. 6803 ( a ) with the tracking number and certified mail receipt. For clarity, I am requesting actual proof of compliance with the procedures of the FCRA, the FDCPA, as well as permissible purpose. 


Details of Violation : Collection Accounts : XXXX, XXXX Consumer Reporting Agency : XXXX XXXX XXXX violations ), XXXX XXXX 1 violations ), XXXX ( 1 violations ) H. R. 2547 TITLE IVConsumer Protection for Medical Debt Collections Act SEC . 404. Requirements for furnishers of medical debt information ( g ) Furnishing of medical debt information.

( 1 ) PROHIBITION ON REPORTING DEBT RELATED TO MEDICALLY NECESSARY PROCEDURES.No person shall furnish any information to a consumer reporting agency regarding a debt arising from a medically necessary procedure.

Sec. 403 ( cc ) Medically necessary procedure.The term medically necessary procedure means ( 1 ) health care services or supplies needed to diagnose or treat an illness, injury, condition, disease, or its symptoms and that meet accepted standards of medicine ; and ( 2 ) health care to prevent illness or detect illness at an early stage, when treatment is likely to work best ( including preventive services such as pap tests, flu shots, and screening mammograms ).

You are prohibited from furnishing a medical debt on to any consumer reporting agency.

15 U.S. Code 1681b - Permissible purposes of consumer reports ( f ) Certain use or obtaining of information prohibited A person shall not use or obtain a consumer report for any purpose unless ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification.

By obtaining my consumer report for the aforementioned collection accounts without any permissible purpose and in violation of compliance procedures, Americollect, INC is in violation of the Fair Credit Reporting Act ( FCRA ), codified at 15 U.S.C. 1681b ( f ), and15 U.S.C. 1681e ( a ). Therefore, Americollect, INC has committed 15 U.S.C. 1681q, which is tantamount to 18 U.S.C. 1028A. This statute invokes 15 U.S.C. 1681n ( a ) ( 1 ) ( B ), and I am owed remedy per violation. 

References : Case Law : XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( S.D. XXXX. XXXX ) XXXX XXXX : section 523 of the XXXX XXXX ( XXXX XXXX. XXXX ) Federal Trade Commission XXXX XXXX XXXX XXXX XXXX ( XXXX Doc # XXXX & # XXXX ) XXXX5 U.S.C. 1681s-2 ( a ) ( 8 ) ( E ) 15 U.S.C. 1681i 15 U.S.C. 1681b ( f ) 15 U.S.C. 1681n ( a ) ( 1 ) ( B ) 12 CFR 1022 12 CFR 1006.1 12 CFR 1006.18 12 CFR 1006.30 12 CFR 1006.34 15 U.S. Code Subchapter V - DEBT COLLECTION PRACTICES Rule 1002 H. R. 2547 TITLE IVConsumer Protection for Medical Debt Collections Act Statutes Violated : 15 U.S.C. 1681b ( f ) 15 U.S.C. 1681e ( a ) 15 U.S.C. 1681q 18 U.S.C. 1028A 12 CFR 1006.18 ( d ) 12 CFR 1006.18 ( e ) 12 CFR 1006.30 12 CFR 1006.34