Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm very sorry to hear about your situation. If you click here, you can send a copy of this form to your bank for them to fill out and then they could send it to the debt collection company. It is a free sample HIPAA form that may solve some of your problems.
If the debt collection company refuses to play ball, you could say “This appears to be a violation of the implied covenant (promise) of good faith and fair dealing.” Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.
Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?