Consumer complaint received 2024-06-23
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC. (VA)

This complaint is being submitted in response to the reporting of the aforementioned account on my credit profile with the credit reporting agencies. 
This is not a refusal to pay, but a notice that your claim is disputed. Based on illegal reporting. 
XXXX XXXX XXXX XXXX XXXXXXXX - XXXX XXXX XXXX - Uses and disclosures of protected health information : General rules.- THIS IS A DIRECT HIPAA VIOLATION WHICH IS ILLEGAL FOR YOU TO HAVE THIS ACCOUNT IN YOUR POSSESSION. 

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 Health Information Technology for Economic and Clinical Health Act of 2009 ( HITECH Act ) as issued XX/XX/XXXX and the penalty rules of the FCRA and XXXX including XXXX  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. 
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 Ba

r 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 VIRGINIA medical privacy rules . I am requesting that this illegal account possessing a major HIPAA violation be permanently removed from my credit report based on violating a number of my consumer rights I have listed below.

15 U.S. Code 1692e - False or misleading representation 15 U.S. Code 1681b - Permissible purposes of consumer reports 15 U.S. Code 1681e - Compliance procedures 18 U.S. Code Chapter 47 - FRAUD AND FALSE STATEMENTS 15 U.S. Code 1692 - Congressional findings and declaration of purpose 15 U.S Code 1692 ( C ) ( A ) - Communication with the Consumer Generally - A debt collector has to have consent to text/call/email 15 U.S. Code 1692 ( F ) ( 8 ) - Unfair Practices From my understanding, each violation is {$1000.00}. I am a litigious consumer. Please permanently remove these accounts from my consumer report.

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