Consumer complaint received 2024-09-08
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Lockhart, Morris & Montgomery Inc. (FL)

o Whom It May Concern : This letter is being sent to you in response to you reporting the aforementioned account on my credit profile with the credit reporting agencies. 
The following accounts are : XXXX, XXXX XXXX XXXX account # XXXX Original creditor : XXXX XXXX XXXX XXXX and XXXX, XXXX XXXX XXXX account # XXXX Original creditor : XXXX XXXX XXXX XXXX XXXX XXXX XXXX account number : XXXX Original creditor : XXXX XXXXXXXX XXXX XXXX This is not a refusal to pay, but a notice that your claim is disputed. 
Under the Fair Debt Collections Practices Act ( FDCPA ), I have the right to request validation of the debt you claim that I owe you. I am requesting proof that : I am indeed the party you are asking to pay this debt ; the date of the alleged medical service ; the name of the patient ; and proof that there is some contractual obligation which is binding me to pay this debt. 
Please attach copies of : Any agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment, and authorization under subtitle D of the ARRA, SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES ; and SEC. 13407 ( 1 ) BREACH OF SECURITY.

The term breach of security means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual.

Please note that enforcement of penalties against you is covered under the penalty rules of the Omnibus Final Rule effective XX/XX/XXXX interpreting and implementing various provisions of the XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX ) as issued XX/XX/XXXX and the penalty rules of the FCRA and FACTA including FACT Act changes final rules effective XX/XX/XXXX. 
Please also attach copies of any agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor, and, as this is a medical account, a copy of any HIPAA authorization. 
Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities, including reporting of, or verifying of this account on my credit reports. 
They have violated my rights 15USC 1681-602A states I have the right to privacy ,15USC 1681-604A Section 2 : It also states a consumer reporting agency can not furnish an account without my written consent and instructions.

I require compliance with the terms and conditions of this letter within ten ( 10 ) calendar days, or a complete withdrawal, in writing, of any claim. 
In the event of noncompliance, I reserve the right to file charges and/or complaints with the OCR on your HIPAA violations and appropriate County, State & Federal authorities, the CFPB, XXXX and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on illegal collection activities on any account that may be time-barred as well as violation of FLORIDA medical privacy rules .

I also hereby reserve my right to take private civil action against you to recover damages.