Consumer complaint received 2024-02-22
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: Franklin Collection Service, Inc. (MS)

FRANKLIN COLLECTION SV Address XXXX XXXX XXXX XXXX XXXX, MS XXXX Phone number ( XXXX ) XXXX I checked my three credit reports and found an assumed collection account from FRANKLIN COLLECTION SV with different opening dates, balances, first date of delinquency, and/or last date of activities for this same exact account number. I have never had an account with this company nor any record of any type of first notice of debt including rights to dispute from this company. And if I, by chance, even though I have no recollection nor tangible record, naively spoke with a representative of this company over the phone about this debt, I was not informed by that representative that I had a right to dispute this debt nor a specific timeframe to do so. 

15 USC 1692g 809. Validation of debts ( a ) Notice of debt ; contents states that within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector. XXXX XXXX XXXX definition of the word receipt is- a writing acknowledging the receiving of goods or money ; proof, evidence. I never signed nor received any type of acknowledgement receipt from a mailing service for any mail from this company. I am familiar with the Fair Debt Collection Practices Act ( FDCPA ). Had I signed a receipt of notice for the proper and legal documentation from this company, I wouldve immediately responded asking for lawful verification of debt or copy of court ordered judgement well within the lawful 30 days allotted. After receiving my response letter with receipt, this company would have to legally cease from collection attempts and remove the account from my credit reports until their proof of verification is sent back to me. This company has reported to my credit reports without observing the FDCPA laws. My credit has been impacted adversely because of this companys irresponsibility. 

My credit reports also show that FRANKLIN COLLECTION SV has provided this alleged account with inaccurate information and may be in violation of the Medical Debt Relief Act, No Surprises Act, or Health Insurance Portability and Accountability Act ( HIPAA ). I understand that medical collections under {$500.00}, a paid medical collection, a collection less than a year old, or have a past due balance listed on a credit report should not be listed on consumer credit reports. HIPAA also confines direct sharing of patients ' health information with debt collectors, yet establishing guidelines and restrictions for how debt collectors can communicate with debtors. In addition, the Consumer Financial Protection Bureau stated debt that no debt collectors and no consumer credit reporting companies can not collect, furnish, or report any invalid medical debt. Yes, healthcare providers are permitted to share protected health information ( PHI ) with debt collectors under specific conditions without violating HIPAA. But there are compliance measures that must be met. These measures are not limited to the following : Guarantee that any disclosures of PHI to debt collectors are restricted to the smallest required for debt collection purposes.

Guarantee that the collection agency as a business associate implements protected communication mediums, such as, but not limited to, a HIPAA compliant email.

Sustain records of debt collection activities and communications to validate compliance with HIPAA and FDCPA Create business associate agreements with debt collection agencies that framework the responsibilities and expectations regarding PHI management.

Undoubtedly communicate patient rights, including the right to request privacy protections and limitations on the use or expos of their health information, warranting their requests are esteemed during debt collection processes. 
Along with not providing proper first notice documentation and reporting inaccurate information, I have not been provided any proof of any of the above-listed HIPAA compliance for debt collectors. 
The FCRA also requires that all data reported from the credit reporting agencies, creditors, or furnishers on a consumer 's report be 100 % ACCURATE, 100 % VERIFIABLE, and 100 % TIMELY. This means no data can be reported that can't be legally PROVEN to be 100 % accurate. My XXXX, XXXX, and XXXX credit reports all show different and inaccurate open dates, balances, first date of delinquency, and/or last date of activities for this same exact account. 

This is erroneous and flawed reporting is listed on my credit reports. Not only did this company not follow lawful FDCPA communications protocol, but it has also broken FDCPA False or Misleading Representations protocol as well. A debt collector, in collecting a debt, may not use any false, deceptive, or misleading representation. Specifically, a debt collector may not falsely represent the character, amount, or legal status of the debt, or of any services rendered, or compensation he or she may receive for collecting the debt. A debt collector may not communicate, or threaten to communicate, false credit information or information that should be known to be false, including not identifying disputed debts as such. Each of my 3 credit reports show different information instead of them all showing the exact same information. This is considered a false and misleading representation that this company has submitted to the credit reporting agencies. 

Please remove this account from my credit reports immediately. It is not my duty to provide evidence that this alleged debt is not mine. It is the obligation of the debt collector to provide evidence that they can lawfully collect on any alleged debt, accurately report to the credit agencies, and follow all FCRA and FDCPA laws. As of today, they have been unsuccessful.