Consumer complaint received 2024-08-14
Product: Debt collection — Medical debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Grant Mercantile Agency (CA)

- XXXX XXXX XXXX - XXXX XXXX XXXX XXXX - XXXX, California, XXXX - XXXX - XXXX - XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX, IA XXXX Subject : Formal Complaint Against Grant Mercantile Agency for Violations of Consumer Protection Laws and Identity Theft Dear Whoever it may concern, I am writing to file a formal complaint against the collection agency " Grant Mercantile Agency '' regarding an account numbered XXXX with a balance of {$1700.00}. This account was allegedly opened on XX/XX/XXXX However, I was incarcerated from XX/XX/XXXX, to XX/XX/XXXX, and could not have incurred this debt. I strongly believe that this account was fraudulently created and is a clear case of identity theft. 

# 1. Violations of Federal and State Laws Grant Mercantile Agency has committed multiple violations of federal and state consumer protection laws, as detailed below : - 12 CFR 1006.34 ( b ) ( 5 ) : The collection agency has failed to provide clear, accurate, and complete information regarding the alleged debt.

- 12 CFR 1006.34 ( c ) ( 4 ) ( 0 ) : Grant Mercantile Agency did not comply with the required disclosure obligations when attempting to collect this debt.

- 12 CFR 1006.34 ( d ) : The agency has engaged in false, misleading, and deceptive practices, which violate my consumer rights.

- 15 USC 1681-52 ( 7 ) ( A ) : The agency is in violation of the Fair Credit Reporting Act ( FCRA ) by reporting inaccurate and unverifiable information on my credit report without conducting a proper investigation or validation.

# 2. Legal Framework Supporting My Complaint # Fair Credit Reporting Act ( FCRA ) The FCRA is designed to ensure the accuracy, fairness, and privacy of information in consumer reporting agencies ' files. Under this law, I have the right to dispute inaccurate or incomplete information on my credit report. The credit reporting agencies must investigate and correct or delete any inaccurate, incomplete, or unverifiable information within 30 days. Grant Mercantile Agencys failure to maintain accurate information on my credit report is a clear violation of the FCRA.

# California Consumer Privacy Act ( CCPA ) The CCPA provides California residents with significant control over their personal data, including the right to know what personal information is being collected, to whom it is being disclosed, and the right to request its deletion. If this medical account was fraudulently added to my credit report, I have the right to demand details about how this information was obtained and request its deletion under the CCPA.

# California Medical Information Act ( CMIA ) The CMIA safeguards the confidentiality of my medical information, restricting how healthcare providers and other entities can use and disclose it. If my medical information was improperly shared or used to create fraudulent accounts, this law supports my claim against Grant Mercantile Agency. 

# Fair Debt Collection Practices Act ( FDCPA ) The FDCPA prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts. Grant Mercantile Agencys actions, including the reporting of a fraudulent medical debt, are in direct violation of the FDCPA.

# California Fair Debt Collection Practices Act ( CFDCPA ) The CFDCPA, which offers additional protections against unfair and deceptive debt collection practices specific to California, has also been violated by Grant Mercantile Agency.

# Identity Theft Laws ( California Penal Code 530.5 ) Under California Penal Code 530.5, it is illegal for anyone to use another persons identifying information without their consent. As I was incarcerated during the period when this debt was allegedly incurred, this account is clearly a case of identity theft.

XXXX XXXX XXXX XXXX and Accountability Act ( XXXX ) XXXX protects the privacy of my medical records and personal health information. If my medical information was accessed or disclosed without authorization and used to create this fraudulent account, this is a violation of XXXX. 

# XXXX. Requests for Action In light of the above violations, I am making the following demands : - Revocation of Communication Rights : I hereby revoke all rights of Grant Mercantile Agency to communicate with me via email, text messages, or phone calls. All future communication must be conducted in writing through postal mail. 
- Debt Validation : I request that Grant Mercantile Agency provide proper validation of the alleged debt, including the purchase agreement between them and the original creditor. 
- Proof of Licensing and Bonding : I request that the original creditor furnish proof that they are licensed and bonded to conduct business in California. 

# XXXX. XXXX XXXX I respectfully request the removal of this fraudulent account from my credit report and the immediate cessation of all collection efforts by Grant Mercantile Agency. I also request that the CFPB take appropriate action against Grant Mercantile Agency for its violations of my consumer rights. This matter should be treated as a case of identity theft, and I urge the CFPB to investigate accordingly. 

Thank you for your prompt attention to this matter. I look forward to your assistance in resolving this issue. 

Sincerely, XXXX XXXX XXXX