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Plaintiff Alleges Medical Billing Companies Violated Debt Collection Laws

FLORIDA RECORD

Friday, December 27, 2024

Plaintiff Alleges Medical Billing Companies Violated Debt Collection Laws

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

A Florida resident has filed a lawsuit against two companies, accusing them of violating state and federal debt collection laws by attempting to collect an illegitimate debt. Tucker Kemp initiated the complaint in the County Court of the Sixth Judicial Circuit in Pinellas County, Florida, on December 16, 2024, targeting Gulf-to-Bay Anesthesiology Associates, LLC and Healthcare Revenue Recovery Group, LLC.

The lawsuit alleges that both defendants engaged in unlawful practices under the Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). According to Kemp's complaint, these companies attempted to collect a debt related to anesthesia services he received during surgery on October 11, 2021. Kemp asserts that his insurance was supposed to cover these services and that he provided all necessary information at the time of his procedure. Despite this, he was informed in June 2022 by Gulf-to-Bay that he owed $1,854 for those services. When Kemp contested this claim and advised Gulf-to-Bay to bill his insurance company instead, the matter was allegedly handed over to Healthcare Revenue Recovery Group for collection.

Kemp claims that he received a collection letter from HRRG on November 21, 2024, demanding payment for the alleged debt. This letter came after Kemp had already confirmed with his insurance provider that no balance was due because Gulf-to-Bay failed to meet timely filing standards for their claim. The complaint argues that both companies were aware or should have been aware that Kemp did not owe any money yet continued their attempts to collect payment through misleading and harassing communications.

In addition to emotional distress caused by these actions—such as anxiety and fear over potential damage to his credit score—Kemp seeks several forms of relief from the court. These include statutory damages up to $1,000 under both FCCPA and FDCPA provisions if successful against each defendant separately; actual damages; punitive damages; declaratory relief confirming violations occurred; injunctive relief preventing further illegal conduct; attorney fees; costs incurred during litigation proceedings; along with any other appropriate remedies deemed fit by presiding judges.

Representing Tucker Kemp are attorneys Aaron M. Swift, Jordan T. Isringhaus, Jon P. Dubbeld, and Sean E. McEleney from Swift Law PLLC based out of St Petersburg FL while case number assigned is 24-010841-CO but currently lacks specific judge assignment details within documentation provided thus far indicating ongoing developments surrounding legal process involved here today.

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