<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by MARIAMYMOM:
A group of ER Drs is trying to collect a balance from 97 & 98 after not being able to collect from insurance (Prudential). They claim they were not participating at that time but did not advise me at the Participating hospital I took my family then until now. Is there a statute of limitation for billing patients after such a long time,
I live in Florida. I don't even remember when and why we went to the ER and after trying to request this information I was told it was pay or go to collection agency. Thank you.<HR></BLOCKQUOTE>
My response:
I know you live in Florida, but for purposes of this response, I will assume you are in California - just to give you a flavor of the law. Your Statute of Limitations on a written contract is 5 years from the date of service, or from the last date of payment on the debt. Hopefully, Florida has a State version of the FDCPA, like California does. Further, I will also assume from your post, that it is, in fact, the E.R. doctor's office attempting to collect the debt on their own, and not a third-party collection agency, because a creditor who collects a consumer debt on its own, generally is subject only to the California Fair Debt Collection Practices Act and Federal Trade Commission Act, and not the "Federal" version of the Fair Debt Collection Practices Act.
The California Fair Debt Collection Practices Act ("State version of the FDCPA"; Ca Civil §§ 1788-1788.32) is California's counterpart to the federal FDCPA. The two laws are similar, but not identical.
The State FDCPA governs collection of "consumer debts" by "debt collectors." [Ca Civil § 1788.2(c),(f)], including those creditors who collect debts for themselves.
If Florida does not have a State version of the FDCPA, then the Federal Trade Commission Act ("FTC Act"; 15 USCA § 41 et seq.) established the Federal Trade Commission ("FTC") and authorizes it to prohibit individuals, partnerships and corporations from engaging in unfair competition, or unfair or deceptive practices affecting commerce. The Act empowers the FTC to regulate both consumer and commercial debt collection practices. [See 15 USCA § 45(a)]
"Unfair practices" are defined as an act or practice that is deemed "unfair" within the meaning of the FTC Act if it causes or is likely to cause a substantial injury to the consumer that cannot reasonably be avoided by the consumer and is not outweighed by countervailing benefits to the consumer or to competition. [See 15 USCA § 45
]
In determining whether an act or practice is unfair, the Commission may take into consideration established public policies. However, such considerations may not serve as the primary basis for determining whether an act or practice is "unfair." [See 15 USCA § 45
]
The FTC Act is enforced solely by the FTC. Unlike the Federal FDCPA, there is no private right of individual or class actions for violations. [Carlson v. Coca-Cola Co. (9th Cir. 1973) 483 F.2d 279; Holloway v. Bristol-Myers Corp. (DC Cir. 1973) 485 F.2d 986]
In other words, you can complain to the FTC, but you can't sue the creditor under the FTC Act for any violations. The FTC will only take action, on it's own, if there are a large number of complaints against a particular creditor - - which does nothing for you.
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited May 25, 2000).]
