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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117401
Experience:  Attorney experienced in commercial litigation.
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My question is regards to a medical bill that was paid by

Customer Question

Hi, my question is regards ***** ***** medical bill that was paid by the insurance company in full back in 2014 and the billing department claims that they never received their payment. Since I first found out about this error I have spend countless hours tracking our old insurance carrier from 2014 trying to find an explanation of benefits and proof of payment. I have mailed, faxed, emailed and spoken on the phone to various customer service agents about this and a few days back I received another bill asking for payment. I can not believe that they have the audacity to continue to bill me when I have told them again and again to locate their payment. I feel very harassed by them and their tone is always one of disregard and carelessness. My husband and I have argued this bill with them and we don't want this to end up on our credit report and affect us negatively. If I owed the balance, I would have paid it by now. However, I won't fall victim to their harassment and predatory ways. Please help me figure out what my rights are. The billing center for the physician is clearly taking advantage and have been for over a year. Here is what I know so far:
- the bill has been paid in full by the insurance company in 2014 in a timely manner
- they were paid by check and I have the check number the insurance company provided
- I also have the explanation of benefits for that claim clearly showing that I owe $0 since Cigna paid the bill
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have the check number from the insurance company and you have provided them proof from the insurance company that they have been paid, then this can be deemed harassment against the Fair Debt Collection Practices Act. First, you must contact the insurance company and get a copy of the check to the medical provider, not just the check number, if they will give it. If not, no issue, ask them for their printout showing the payments in addition to the check number. Then you send a final demand to the provider with copies of the proof attached AND you tell them this is an invalid debt pursuant to the Fair Debt Collection Practices Act and that if they do not cease and desist their efforts to collect, you will pursue a suit against them under the FDCPA for each violation of the act plus attorney's fees and will file a complaint with the Federal Trade Commission as provided for in the Act.
If they do not stop after you put them on official notice as required under the FDCPA, then you file suit against them for harassment (for each time they called to collect that is a separate count of harassment for which you can claim $1000 per violation) and also if you use an attorney, which you should, for attorney's fees and also file your complaint with the FTC.