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Consumer Alleges Debt Collector Violated Federal Law Over Insurance-Covered Charges

FLORIDA RECORD

Wednesday, December 4, 2024

Consumer Alleges Debt Collector Violated Federal Law Over Insurance-Covered Charges

State Court
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6th Judicial Circuit of Florida Pinellas County | Official Website

In a legal battle that underscores the complexities of debt collection practices, an individual consumer has taken action against a debt collection agency for allegedly violating federal law. Elaine Whitmire filed a complaint on November 22, 2024, in the County Court of the Sixth Judicial Circuit in Pinellas County, Florida, accusing Gulf Coast Collection Bureau, Inc. of attempting to collect an illegitimate debt.

The lawsuit centers around claims that Gulf Coast Collection Bureau violated the Fair Debt Collection Practices Act (FDCPA) by pursuing a debt that Whitmire contends was covered by her health insurance. According to the complaint, Whitmire underwent an annual health screening at Baycare Medical Group Inc. on December 9, 2022. Her insurance was supposed to cover all costs associated with this visit. However, in April 2023, she received a bill for $180.07 from Baycare for services she asserts were fully insured and not specified as uncovered charges.

Whitmire's case further details how the alleged debt was transferred to Automated Collection Services, Inc., which began sending her collection letters in June 2024. Despite her insurance covering the December 2022 services entirely, these attempts persisted until Gulf Coast Collection Bureau took over the collection efforts. On August 19, 2024, despite being aware of Whitmire's legal representation and prior disputes regarding this debt, Gulf Coast sent her another collection letter demanding $75.76.

Whitmire argues that these actions are not only inaccurate but also unlawful under FDCPA guidelines which prohibit false or misleading representations in debt collection processes. The complaint accuses Gulf Coast of knowingly misrepresenting the status and amount of the alleged debt and continuing harassment through direct communication despite legal representation notification.

In response to these grievances, Whitmire seeks multiple forms of relief from the court: declaratory judgment confirming violations of FDCPA by Gulf Coast; injunctive relief preventing further unlawful conduct; statutory damages up to $1,000; actual damages determined at trial; and coverage for attorney fees and costs incurred during litigation.

Represented by Swift Law PLLC with attorney Jon P. Dubbeld leading her case, Whitmire demands accountability from Gulf Coast Collection Bureau for their alleged persistent misconduct regarding her supposed financial obligation—a matter she firmly believes should have been resolved through proper insurance billing procedures without resulting in unwarranted collections activity.

The case is overseen by Judge Ken Burke under Case ID: 24-010110-CO.

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