Complaint Review: West Asset Management

WAM, sent me the following letter as initial communication. The debt was "sold" by the hospital. WAM has all "rights" to the debt. The settlement offer overshadows the validation process as well as circumventing or by-passing medical privacy rights. FDCPA violation 809 Validation of debts

The letter is clear that they are acting as a "mediator" between myself and the hospital. False and misleading, I don't have any outstanding claims with any hospital. It was written off as a bad debt and WAM owns it and has no color of authority to release me from any claims hypothetical or otherwise in the first place. Violation of FDCPA 807 False or misleading representations; also violates Florida Consumer Collection Practices act (FCCPA) ss 559.72 as well as the Florida Deceptive and Unfair Trade and Practices Act (FDUTPA) ss 501.201

Lastly, it addresses my spouse. Normally this is allowable under HIPPA but not by Florida State law. This is a clear violation of F.S 456.057(12) in part; The third party to whom information is disclosed is prohibited from further disclosing any information in the medical record without the expressed written consent of the patient or the patient's legal representative. The operative words being "any" and "expressed written" a very very long arm statute that trumps anything WAM tries to use as safe harbor. See HIPPAs CFR 45 160.202 definition of "more stringent". Also, see Pogue v. Diabetes Treatment Centers of America Civil # 99-3298.

Don't let this company decieve you as it relates to medical collection or the hospital.

I have already sent my ITS to Mr. Mussman the vice president of West Corp. in Nebraska (their parent org) Anyone here from WAM have a name to send my summons to in Marietta, GA? C'mon don't be shy, evasive and reluctant like you are on the phone over 10 times.

Who wants to volunteer to accept my summons?


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SETTLEMENT PAY STUB

JDB

PO Box xxxxxx
Xxxxxx, USA xxxx-xxxx

FORWARD SERVICE REQUESTED

XXX XX, 2007
JDB
PO Box xxxxx
XXXXX USA XXXXX

Me at my house
XXXXX, FL xxxxx-xxxx

For: ME
Reference #: xxxxxxx
Account #: xxxxxxx
Settlement Amount: $xxx.xx
Adjusted Amount: $xxx.xx
Settlement Due Date: XXX xx, 2007
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****Detach Upper Portion And Return With Payment****
>>>>>Please Call Toll Free 1-877-xxx-xxxx Office hours are Monday through Friday 8:00am 9:00pm Central Standard Time

RE: XXXXX XXX Hospital
Balance: $xxx.xx
Ref #: xxxxxxxx
Patient: ME
Adm. Date: xx/xx/xx

Dear Mr./Mrs./Ms. Smith:

In an effort to assist you in resolving your account with XXXX XXX Hospital we have been authorized to extend you an offer to settle your account as follows:

1. Pay the settlement amount of $XXX.01 by XXX xx, 2007. This settlement has been calculated as follows:

Outstanding Account Balance: $xxxx.xx
Adjustment: $xxx.xx
Settlement Amount: $xxx.xx

2. If you choose to accept this offer to settle your account, please return your payment with the stub above.

This Settlement offer only applies to the account listed above and does not apply to any other hospital accounts you may have. In the event you elect not to accept this offer our normal collection efforts will continue. By paying the settlement amount, the patient accepts the hospitals settlement offer and agrees that the hospital and the patient release each other from all claims related to the charges for the above referenced account.

If you would like to pay by credit card or if you have any questions regarding this offer please call the number listed above. Thank you for your attention to this matter and we sincerely hope you will take advantage of this offer.

Sincerely,
XXXX XXXXX, Inc.

This communication is from a debt collector. This is an attempt to collect any dept and any information obtained will be used for that purpose. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this dept or any portion thereof, this office will assume this dept is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this dept or any portion thereof, this office will obtain verification of the dept or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, the office will provide you with the name and address of the original creditor, if different from the current creditor.

xxxxxxxxx

XXXX XXXXX XXXXXXX, Inc., PO Box xxxx XXXXX, XX XXXXX-xxxx
Telephone: 1-877-XXX-XXXX

Mr. Obvious
Panhandle, Florida
U.S.A.