Consumer complaint received 2024-12-05 00:00:00
Product: Debt collection — Medical debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: Ability Recovery Services, LLC
State: PA

Complaint narrative:
Final Dispute and Notice of Complaint to CFPB and Legal Action Account Number : XXXX To Whom It May Concern, This letter serves as my final dispute regarding the alleged medical debt referenced above. I am filing a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) to address your non-compliance with federal laws and your continued failure to provide proper validation of this debt. If this matter is not resolved to my satisfaction, I will also initiate legal proceedings against Ability Recovery Services ( ARS ) for violations of my consumer rights. 

Violations and Demands 1. Failure to Validate the Debt ( FDCPA ) Under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S. Code 1692g, ARS has not provided : A signed agreement ( wet ink signature ) proving I consented to this debt.

A detailed breakdown of the charges and proof of their legitimacy.

Documentation showing ARS has the legal right to collect this debt.

Without this validation, further collection attempts and credit reporting are unlawful.

2. Potential HIPAA Violations As this is a medical debt, I am entitled to proof of compliance with HIPAA regulations ( 45 CFR 164.502 ), including : A Business Associate Agreement ( BAA ) between ARS and the original creditor.

Evidence that my medical information was obtained, handled, and shared in compliance with HIPAA.

Your failure to protect my private medical information is a serious violation, and I reserve the right to file a complaint with the U.S. Department of Health and Human Services ( HHS ).

3. Nonprofit Hospital Compliance ( Affordable Care Act ) If the original creditor is a nonprofit hospital, they are subject to IRS Code Section 501 ( r ), which requires : Offering financial assistance or charity care to eligible patients.

Notifying patients of these programs before pursuing collections.

Limiting charges to the amounts generally billed ( AGB ) to insured patients.

I request documentation showing compliance with these requirements. Failure to meet them invalidates the debt.

Actions I Am Taking 1. Filing a Formal Complaint with the CFPB : I am submitting a detailed complaint to the Consumer Financial Protection Bureau ( CFPB ) regarding ARSs violations of the FDCPA, potential HIPAA breaches, and other unlawful collection practices.

2. Legal Action : If this matter is not resolved promptly, I will initiate a lawsuit against ARS for : FDCPA violations.

HIPAA violations.

Violations of state and federal consumer protection laws.

Demands : To avoid further escalation, I demand the following within 10 days : 1. Full validation of this debt, including all requested documentation.

2. Evidence of compliance with HIPAA and nonprofit hospital requirements.

3. Immediate cessation of all collection activities and removal of this debt from credit reporting agencies until it is validated.

Notice of Intent to Sue If ARS does not resolve this dispute within the timeframe specified, I will proceed with legal action and additional regulatory complaints. This will include seeking damages, attorney fees, and any other applicable remedies. 

This is your final opportunity to resolve this matter amicably. I expect a response within 10 days of receipt of this letter.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation