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DISCLAIMER: This article is based on a complaint. The defendant has not responded to the complaint to present its side of the case. The claims mentioned are accusations and should be considered as such until and unless proven otherwise.
A collection operation is facing a Fair Debt Collection Practices Act lawsuit for allegedly misleading the plaintiff with information about requirements and process for obtaining coverage under Medicaid in Florida, for failing to mark the account as disputed with the credit reporting agencies, and for inferring that the plaintiff may be sued for the unpaid debt when the statute of limitations had expired.
The Background: The plaintiff initiated a call to the defendant this April to obtain more information about a debt in collection. The complaint doesn’t mention how the plaintiff came to know that the defendant was attempting to collect two medical accounts for a total of $2,533.50, one of which was for services provided in 2018.
- The plaintiff informed the defendant that she was enrolled in Florida’s Medicaid program at the time the services were provided. The representative allegedly informed the plaintiff that for Medicaid to be applicable, the plaintiff would have to use it within 12 months and then appeal if it was denied. Because the plaintiff had not responded to the bills that the healthcare provider had sent, the plaintiff was now liable for the charges, the representative said.
- The plaintiff called the defendant back and spoke to the same representative, asking that the defendant only make calls to her during certain periods that were convenient. The representative informed the plaintiff that the debts were already being reported to the credit bureaus and that the next step was “legal.”
- The complaint alleges that the statute of limitations in Florida for medical debt is five years and that had passed at the time of the conversation.
- The plaintiff also obtained copies of her credit report and noted that the accounts were not being marked as disputed.
The Complaint: The complaint accuses the defendant of violating Section 1692e, 1692e(2)(A), 1692e(5), 1692e(10), and 1692f of the FDCPA as well as state law in Georgia.
