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TJ, Esq.
TJ, Esq., Attorney
Category: Consumer Protection Law
Satisfied Customers: 12365
Experience:  JD, MBA
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Hospital made a mistake in their billing dept. by sending my

Customer Question

hospital made a mistake in their billing dept. by sending my bill to wrong people twice,after I had called and told them the Veterans Choice program was paying for the procedure [tonsil removal and biopsy.] Subsequently it was sent to collections and ruined my credit.Now,10 months later, after me spending hours on phone with several different parties,they found they made a mistake and they are sorry.They say "they will contact they turned it over to and have remove it from my credit report."Is there nothing I can do about my ruined credit?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: how much does this cost?
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: ok
JA: What state is this in? And when did the issue begin?
Customer: alaska,sept.2015
JA: Has anything been filed or reported?
Customer: what do you mean?
JA: What confuses you?
Customer: f
JA: Anything else you want the lawyer to know before I connect you?
Customer: Filed by whom?
Submitted: 12 months ago.
Category: Consumer Protection Law
Customer: replied 12 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  TJ, Esq. replied 12 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Expert:  TJ, Esq. replied 12 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

It sounds like you may have a viable case against the hospital. The Fair Credit Reporting Act (FCRA) states in part:

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

(a) In general. Any person who willfully fails to comply with any requirement imposed

under this title with respect to any consumer is liable to that consumer in an amount

equal to the sum of

(1) (A)

any actual damages sustained by the consumer as a result of the failure or

damages of not less than $100 and not more than $1,000; or

(B)

in the case of liability of a natural person for obtaining a consumer report

under false pretenses or knowingly without a permissible purpose, actual

damages sustained by the consumer as a result of the failure or $1,000,

whichever is greater;

(2) such amount of punitive damages as the court may allow; and

(3) in the case of any successful action to enforce any liability under this section, the

costs of the action together with reasonable attorney's fees as determined by the

court.

(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report

from a consumer reporting agency under false pretenses or knowingly without a

permissible purpose shall be liable to the consumer reporting agency for actual

damages sustained by the consumer reporting agency or $1,000, whichever is greater.

(c) Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or

other paper filed in connection with an action under this section was filed in bad faith

or for purposes of harassment, the court shall award to the prevailing party attorney's

fees reasonable in relation to the work expended in responding to the pleading,

motion, or other paper.

.

.

.

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general. Any person who is negligent in failing to comply with any requirement

imposed under this title with respect to any consumer is liable to that consumer in an

amount equal to the sum of

(1) any actual damages sustained by the consumer as a result of the failure; and

(2) in the case of any successful action to enforce any liability under this section, the

costs of the action together with reasonable attorney's fees as determined by the

court.

(b) Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or

other paper filed in connection with an action under this section was filed in bad faith

or for purposes of harassment, the court shall award to the prevailing party attorney's

fees reasonable in relation to the work expended in responding to the pleading,

motion, or other paper

In sum, the above law allows you to win any actual damages, and if the incorrect entries were purposely put there, then you can win a penalty between $100-$1000. In addition, your attorney’s fees must be paid if you’re successful, and therefore, there is no reason not to retain an attorney to handle this for you (of course you'll want to consult him about your chances of winning first ... though based on your post, it sounds like your chances are good).

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Expert:  TJ, Esq. replied 12 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue.