Legal guidance on dealing with a medical company

[IROC]

Last summer my primary care physician had me wear a heart monitor to look for a potential arrhythmias (didn't find anything). Anyway, the device prescribed by my doctor was mailed to me by a third-party medical device company, I wore it for a month (that was fun) and then per their instructions I mailed the device back to the company using the bag/printed mailing label included in the initial shipment to me.

Simple, right?

About a month after I mailed it back, I receive a letter in the mail from the medical device company telling me that this was their second attempt to contact me as I had not returned the device and that if I did not return it immediately, they would turn the issue over to a collection agency and I would be billed for $1500. I had never gotten a "first" attempt to contact me on this.

I immediately call the medical device company and tell them that I mailed it back per the instructions a month before. The woman on the phone asked me some questions, (did I use the included return envelope, did I take it directly to a US Post Office, etc. - which I did on both accounts) and she said that "these things happen" and that she was going to mark this as "lost in transit". I asked her if there was anything else I needed to do and she said no, that I was "good to go".

Fast forward another month and I get a letter (last Friday) from the collections agency saying I owe $1500 for not returning the device!!! I call the collections agency and tell them the story and they agree to put the collection on hold for 14 days for me to contact the medical device company and get it sorted out.

I call the medical device company and tell them the story again and they claim they have no record of my previous conversation where they told me they were going to declare it "lost in transit", but that they would look into it and promised to call me back the next day.

They never called back and now I am having trouble getting back in touch with them (their website appears to be down). While searching online for contact information for this medical device company, I found many complaints from people experiencing the same thing I am (they mail the device back, the company says they never receive it and then they turn it over to collections).

I am still holding out that the medical device company will do the right thing, but what are my legal options here? I didn't do anything wrong, but can't prove that?

[KFC911]

I had a "red light camera" bs scheme threaten me with collections some years back...

With a rating of 825...I told them I did not care

Never heard from them again...YMMV.

[TimBer]

Your legal rights are covered by the Fair Debt Collection Practices Act vis-a-vis the collection agency (except if they are actually a collection department within the medical device company). I think the first step is to request that they "verify the debt."
Your legal rights with respect to the medical device company are covered by contract law. Its time to go back and read the fine print on any agreement you signed with them. Can they claim you agreed to return the monitor certified mail, return receipt, and insured? I would also recommend sending the company a letter stating everything that has happened and memorializing the phone call, including date and time. I would also ask them to preserve any recordings of any phone calls between you and the company.
Good luck and keep us posted.

[Jims5543]

Did your doctor get the data that he needed? That would indicate the device was returned.

[ramonesfreak]

When you took the device back to the post office and paid postage did you get a receipt?

Was this a pre paid postage return? If so, I usually get a receipt anyway...for example, when I return items to Amazon both usps and UPS always give me a receipt with tracking info

This is your proof you mailed it

[Sooner or later]

Originally Posted by ramonesfreak

When you took the device back to the post office and paid postage did you get a receipt?

Was this a pre paid postage return? If so, I usually get a receipt anyway...for example, when I return items to Amazon both usps and UPS always give me a receipt with tracking info

This is your proof you mailed it

That is my thought.

In the past I used leased equipment. By contract the leasing company was responsible for repairs. They would ship me the new equipment which would include a shipping label for the return item. In the contract they made it clear it was my responsibility to track the package.

Always keep your mailing receipts. Always track your returns.

[IROC]

Originally Posted by TimBer

Your legal rights are covered by the Fair Debt Collection Practices Act vis-a-vis the collection agency (except if they are actually a collection department within the medical device company). I think the first step is to request that they "verify the debt."
Your legal rights with respect to the medical device company are covered by contract law. Its time to go back and read the fine print on any agreement you signed with them. Can they claim you agreed to return the monitor certified mail, return receipt, and insured? I would also recommend sending the company a letter stating everything that has happened and memorializing the phone call, including date and time. I would also ask them to preserve any recordings of any phone calls between you and the company.
Good luck and keep us posted.

Thanks for the response. I did not sign anything relative to this device. My doctor ordered it, it was mailed to my house, I put it on and it activated itself and transmitted data thru a cellular network. After the 30 days, I took it off and mailed everything back. This was completely in line with the instructions that came with it.

I have certainly learned a lot of lessons with this. I am very ethical "do the right thing" kind of person and was - in hindsight - very naive to what can happen in these situations.

I am still hoping that this turns out OK, but after reading all of the horror stories online from people dealing with this same company on this exact same situation, I don't have a lot of confidence,,,

[KFC911]

If you totally ignore them, what are the ramifications if they do follow through? I have a spotless credit history spanning over four decades...I bet you do also. Methinks it's a "scam" of sorts....and preys upon "fear" of a credit "ding" for folks like you and others...I don't care at this point...but that's just me.

Ding, ding, ding....this Pavlov dawg doesn't respond to the bell like some do...YMMV.

"....and the horse you rode in on".

[masraum]

Sounds like Comcast. They do the same thing. My mom cancelled and mailed her cable box back. When she dropped the box off at UPS the guy told her "keep this tracking number for at least a year." Sure enough, 6 months later, they called and wanted money for never receiving the box. She told them, "I've got the tracking number, I can give it to you." The person on the phone said "No, we don't need it." and then hung up.

[IROC]

Originally Posted by KC911

If you totally ignore them, what are the ramifications if they do follow through? I have a spotless credit history spanning over four decades...I bet you do also. Methinks it's a "scam" of sorts....and preys upon "fear" of a credit "ding" for folks like you and others...I don't care at this point...but that's just me.

I think this is exactly what is going on. My fear is ignoring them. I don't know what will happen ultimately if I just ignore...

[IROC]

Originally Posted by Zeke

These 'collections' are sold down the river to other companies once the initial collection company finds out that the debt is basically a challenged collection and will take more resources than it's worth. The downstream bottom feeders are merely harassment outfits. Do you due diligence and slam them to the earth.

This is another fear - that they sell the collection to another company and it becomes a never ending story.

I'm going to try and call the medical device company again here in a minute and see where this stands...

[billybek]

Originally Posted by Jims5543

Did your doctor get the data that he needed? That would indicate the device was returned.

This!

[RWebb]

dispute the debt with the collections agency as per the above post - do it right now; just say I dispute this debt

talk to your MD about it; the data likely got to him on the cell network so that may not prove a return ----> OTOH, the device may have sent info as to its whereabouts (GPS) while in transit (an attorney could subpoena that but the amount is too low for you to hire one)

then contact your state's Office of Consumer Protection - usually in the Attorney General's Office - note that you think it is a scam and ask them to review any other complaints and to contact the AG's in other states too

your state may have laws in addition to the federal one noted above

Sorry to hear this and I hope you have a witness as to mailing it back...

[Sooner or later]

Even without a tracking number USPS may be able to find out info on the shipment. USPS has a page with a form to fill out. You will need to know the date you shipped it out.

[IROC]

Originally Posted by billybek

This!

The data this device was collecting was transmitted via a cellular connection, so it wasn't necessary to receive the device and download, etc.

[IROC]

There may be a break in this... I called the customer service line for the medical device company again and - of course - spoke to someone different. This person listened to my story again and then said that their systems were down so she couldn't pull up my information, but she did give me the direct line to the billing department and she suggested I talk to them and see if they had any insights into my account.

So, I called billing and was told that my account was marked as "closed" and "paid in full" and that if it had been turned over to collections, that would have been an error. I got her to email me confirmation of my "closed/paid in full" account and she did.

I am now trying to get in touch with the collections agency to pass this on...

[KFC911]

There's a good chance the collections agency already knows imo.

...and the horse you rode in on

[IROC]

Originally Posted by KC911

There's a good chance the collections agency already knows imo.

...and the horse you rode in on

You were exactly right! I called the collections agency and once I got thru to a human, they verified who I was and then before I could say anything at all, she blurted out, “your account is closed”. That caught me off guard so I asked her to repeat that and she said my account was closed and that there was no balance owed.

I will say that the people I talked to at the medical device company were polite and seemed eager to help, but this whole thing is fishy.

The email I received from the medical device company billing department saying my account was closed and paid in full had the same “xxxxx.com” name in the email address as the collections agency. Hmm....

[sammyg2]

Originally Posted by IROC

Last summer my primary care physician had me wear a heart monitor to look for a potential arrhythmias (didn't find anything). Anyway, the device prescribed by my doctor was mailed to me by a third-party medical device company, I wore it for a month (that was fun) and then per their instructions I mailed the device back to the company using the bag/printed mailing label included in the initial shipment to me.

Simple, right?

About a month after I mailed it back, I receive a letter in the mail from the medical device company telling me that this was their second attempt to contact me as I had not returned the device and that if I did not return it immediately, they would turn the issue over to a collection agency and I would be billed for $1500. I had never gotten a "first" attempt to contact me on this.

I immediately call the medical device company and tell them that I mailed it back per the instructions a month before. The woman on the phone asked me some questions, (did I use the included return envelope, did I take it directly to a US Post Office, etc. - which I did on both accounts) and she said that "these things happen" and that she was going to mark this as "lost in transit". I asked her if there was anything else I needed to do and she said no, that I was "good to go".

Fast forward another month and I get a letter (last Friday) from the collections agency saying I owe $1500 for not returning the device!!! I call the collections agency and tell them the story and they agree to put the collection on hold for 14 days for me to contact the medical device company and get it sorted out.

I call the medical device company and tell them the story again and they claim they have no record of my previous conversation where they told me they were going to declare it "lost in transit", but that they would look into it and promised to call me back the next day.

They never called back and now I am having trouble getting back in touch with them (their website appears to be down). While searching online for contact information for this medical device company, I found many complaints from people experiencing the same thing I am (they mail the device back, the company says they never receive it and then they turn it over to collections).

I am still holding out that the medical device company will do the right thing, but what are my legal options here? I didn't do anything wrong, but can't prove that?

Iffn it were me, I'd contact the office of my my local congress-type person.
You'd be surprised how many phone calls and letters have come out of my representative's office on my behalf, and how effective they are.
One time I even got the DMV spanked and apologizing. it was beautiful.

They get a staff flunky to threaten the bad guys, the bad guys fall in line, and the politician gets a cheeep vote for life. Win win.

Note it helps if they have your name on file in their active donations list.
best investment ever.

[Baz]

Man, what a pain!

The only thing I will add is I learned long ago to be a "note taker' anytime I have a phone conversation regarding matters of significance.

I write down the date, time, who I spoke to, their phone number and extension #, what was discussed, and in some cases I ask for something in writing to be sent to me for confirmation either by email or snail mail.

Keep that pad and pencil by your phone and use it - you never know!