Consumer complaint received 2020-09-19
Product: Debt collection — Medical debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: LEXISNEXIS (TX)

XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXXXXXX XXXX, IA XXXX Re : XXXX XXXX XXXX DOB : XXXX/XXXX/XXXX SSN : XXXX Notice of Dispute for Debt Not Due Under the Fair Credit Reporting Act Complainant, XXXX XXXX XXXX, a resident of XXXX XXXX, XXXX XXXX, Texas, brings before the Consumer Financial Protection Bureau ( CFPB ) this Complaint against XXXX  XXXX XXXX XXXX XXXX  XXXX, XXXX  XXXX XXXX XXXX XXXX XXXX  XXXX, and XXXX  XXXX XXXX  XXXX, Consumer Reporting Agencies, collectively referred to hereinafter as ( CSAs ), XXXX XXXX XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, for : a. The reinsertion in his consumer files by the CRAs of previously deleted items of information, unverified and uncertified for accuracy furnished by XXXX, as agent for XXXX  that Complainant is indebted to XXXX  to the sum of {$230.00} for XXXX XXXX XXXX XXXX XXXX XXXX XXXX rendered unto complainant on XX/XX/XXXX, unverified and uncertified for accuracy without notice to Complainant of the reinsertion by the CRAs within five ( 5 ) days of the reinsertion, in violation of 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) ( i ) ( ii ) and to b. Dispute the validity of the reinserted information as provided pursuant to 15 U.S.C. 1692g, and in support hereof presents : 1.  As reported to the CRAs on XX/XX/XXXX, for inclusion in Complainants consumer files, XXXX, a third-party debt collector, on XX/XX/XXXX, opened a collection on behalf of its principal, XXXX, to collect a balance allegedly due XXXX  by Complainant to the sum of {$220.00} for XXXX XXXX XXXX XXXX XXXX XXXX XXXX rendered unto complainant on XX/XX/XXXX. ( See : XXXX Account No. XXXX ). 
2. Annexed hereto is a billing statement from XXXX for XX/XX/XXXX, which reflects a XXXX balance. As there is no balance due XXXX  for services rendered to Complainant on XX/XX/XXXX, there is no debt due XXXX  by Complainant or XXXX or other services rendered on that date and hence Complainant challenges the validity of the debt alleged pursuant to 15 U.S.C. 1692g.

3. On XX/XX/XXXX, I registered Complaint with this agency against the CRAs for the exact same issue. See : CFBP Complaint No. XXXX XXXX XXXX and XXXX XXXX, XXXX XXXX XXXX  XXXX, XXXX ( XXXX  XXXX, and XXXX ( XXXX  XXXX. 
4. Upon reinvestigation it was determined that I was not indebted to XXXX  to the sum of {$220.00} for XXXX XXXX rendered on XX/XX/XXXX and the information was DELETED from my consumer files with the CRAs and remained so until XX/XX/XXXX. 
5. The only difference is that upon those complaints the third-party debt collector acting on behalf of XXXX was XXXX and XXXX and not XXXX. The fact remains, however, that the information furnished the CRAs regarding Complainants alleged indebtedness is the same information that was determined to be inaccurate and deleted from consumer files. 
6. As per the attached XXXX  statement, the same result is warranted : Removal from my consumer files of the inaccurate and disputed information of my indebtedness to XXXX to the sum of {$220.00} for services rendered on XX/XX/XXXX. 
7. At no time prior to XX/XX/XXXX did either of the CRAs provide Complainant with a statement that the previously deleted items of information were being reinserted into my consumer files, in violation of 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) ( i ) ( ii ). 
8. Additionally, ACA may want to inform its principal, XXXX  that in fact it is XXXX  who owes me. 
9. As of XX/XX/XXXX, Complainants primary health insurer was XXXX XXXX XXXX ( XXXX XXXX, XXXX XXXX XXXX XXXXXXXX. XXXX Id. XXXX. 
10. Moreover, Complainant had secondary health insurance p XXXX XXXX and XXXX XXXX of Texas ( XXXX  ), a XXXX XXXX XXXX ( XXXX  ) organized and operating under the laws of the State of Texas, through its parent company, XXXX XXXX XXXX XXXX, with its principal place of business at XXXX XXXX XXXX XXXX, XXXX, Texas XXXX. 
11. Primary insurance is the insurance that pays its portion medical claims first. XXXX  XXXX insurance is the insurance that pays the remainder of the medical claim. Medical claims are submitted first to the primary insurer and that plan pays out the maximum amount an insured is allowed. After the primary insurer pays, then and insured 's secondary health insurer helps to cover the rest, including co-insurance. 
12. At all times pertinent, XXXX was a participating provider within the both the XXXX and XXXX networks, meaning that XXXX, XXXX, and XXXX  negotiated by contract the amount of payments that XXXX  would receive from XXXX and XXXX for services provided ( less plan discounts ) including XXXX. 
13. For the XXXX services provided on XX/XX/XXXX, XXXX submitted a claim to XXXX to the sum of {$5600.00}. As per its contract with XXXX, the maximum amount XXXX allows for an XXXX is {$220.00}, which it paid, leaving Complainant with a co-insurance balance of {$200.00} 14. XXXX also submitted the {$5600.00} claim to XXXX. Less, plan discounts negotiated between them, XXXX paid XXXX the sum {$860.00}, which more than satisfied Complaints co-insurance balance of {$200.00}. ( As secondary insurer, XXXX was obliged only to pay the {$200.00} ). 
15. XXXX was paid by both XXXX, as primary insurer, and XXXX, as secondary insurer, in accordance with their negotiated payment agreements. Hence, as the XXXX statement reflects, I owe XXXX  nothing. In fact, it is XXXX  which received an overpayment of {$660.00}, which it actually owes me, and which I hereby demand from its agent, XXXX. 
16. The foregoing considered ; I respectfully request : ( a ) Reinvestigation to determine the veracity of the information subject to this dispute. 15 U.S.C. 1681i ( a ) ( 1 ) ( A ). 
( b ) SUSPENSION of collection activities with respect to the alleged debt, pending final disposition upon re-investigation. 15 U.S.C. 1692g ( b ). 
( c ) Deletion from my consumer files the disputed information of my indebtedness to XXXX  as provided to XXXX, XXXX, and XXXX  consumer agencies by XXXX. 
( d ) Payment from XXXX on behalf of its principal, XXXX, to the sum of {$660.00}, for unjust enrichment for overpayment of a thing not due. 
17. XXXX  may be served a copy of this Complaint at the following address : XXXX   XXXX XXXX XXXX. XXXX XXXX XXXX, Pennsylvania. XXXX XXXX. XXXX  XXXX XXXX XXXX XXXX be served a copy of this Complaint at the following address : XXXX  XXXX XXXX XXXX XXXX. XXXX XXXX XXXX, Ga XXXX XXXX. XXXX  may be served a copy of this Complaint at the following address : XXXX  XXXX XXXX. XXXX XXXX XXXX, Texas. XXXX XXXX. XXXX Collection agency may be served a copy of this Complaint at the following address : XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX, XXXX ( XXXX ) XXXX XXXX. XXXX XXXX XXXX XXXX XXXX may be served a copy of this Complaint at the following address : XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX, XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, Virginia. XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX ) XXXX Sincerely, XXXX XXXX XXXX XXXX