Homes for Sale in Clifton Park NY. Josh Gonzalez, a Local Real Estate Agent with Coldwell Banker Prime Properties in Clifton Park NY. Things you should know about Debt Collectors CONTINUED... 4 of 5
Homes for Sale in Clifton Park NY. Josh Gonzalez, a Local Real Estate Agent with Coldwell Banker Prime Properties in Clifton Park NY. Things you should know about Debt Collectors CONTINUED... 4 of 5
13. I had huge medical bills last year and got behind. Can medical bills be sent to a private debt collector?
Yes. HIPAA, the federal medical privacy regulation adopted by the U.S. Department of Health and Human Services, allows certain information to be shared with a collection agency or credit bureau. The following statement about medical information and collection agencies is from PRC Fact Sheet 8a, HIPAA Basics: Medical Privacy in the Electronic Age, www.privacyrights.org/fs/fs8a-hipaa.htm:
An unpaid bill, like any other debt claimed to be owed, may be reported to a collection agency. Generally, the doctor or hospital enters into what's called a "business associate" agreement with a debt collector. Then, information can be disclosed to the collector, but the doctor or hospital should disclose only the minimum necessary to collect payment.
What's more, an unpaid medical bill can appear as a negative entry on your credit report. Information that can be disclosed to a credit bureau about you includes:
- Your name and address
- Date of birth
- Social Security number
- Payment history
- Account number
- Name and address of the health care provider or health plan that says you owe the money.
A study by the Federal Reserve found that over half of all collections noted on credit reports were for unpaid medical bills, www.federalreserve.gov/pubs/bulletin/2003/0203lead.pdf.
Homes for Sale in Clifton Park NY. Josh Gonzalez, a Local Real Estate Agent with Coldwell Banker Prime Properties in Clifton Park NY. Things you should know about Debt Collectors CONTINUED... 4 of 5
14. A debt collector says I owe fees that are almost as much as the original debt. Is this all
owed?
The FDCPA says a collector may not collect any amount greater than your debt, unless your state law permits such a charge. PRC Fact Sheet 27 includes a list of states with debt collection laws and publications. www.privacyrights.org/fs/fs27plus.htm.
You should also contact your state Attorney General for information on fees and other collection issues. You may connect to your state Attorney General through the web site for the National Associate of Attorneys General, www.naag.org.
Homes for Sale in Clifton Park NY. Josh Gonzalez, a Local Real Estate Agent with Coldwell Banker Prime Properties in Clifton Park NY. Things you should know about Debt Collectors CONTINUED... 4 of 5
15. May a debt collector access my credit report?
Access to your credit report is limited to certain "permissible purposes" that are listed in the Fair Credit Reporting Act (FCRA). One of the purposes listed in the FCRA is "collection of an account." A collection agency may also report to a credit bureau, but the FDCPA prohibits giving false information to anyone, including a credit bureau.
16. I got a call from an attorney about an old debt. Is this person subject to the FDCPA?
Homes for Sale in Clifton Park NY. Josh Gonzalez, a Local Real Estate Agent with Coldwell Banker Prime Properties in Clifton Park NY. Things you should know about Debt Collectors CONTINUED... 4 of 5
Attorneys who collect debts for third parties on a regular basis are "debt collectors" under the FDCPA. Many attorneys as well as non-attorney collection firms are often members of the debt collector's trade association, ACA International (the American Association of Credit and Collection Professionals.) The ACA's Web site includes a member look-up service, http://www.acainternational.org/memberdirectory.aspx as well as an online complaint form to register problems with members. www.acainternational.org/default.aspx?cid=101
A complaint filed with a trade association is not a substitute for complaining to a government agency such as the FTC or your state Attorney General. Nor is a complaint to the ACA a substitute for filing your own lawsuit in egregious cases. However, members of organizations such as the ACA have agreed to follow certain professional guidelines.
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