Expert: Ray A Miller - 11/5/2008

Question
Dear Sir,

I don't know whether the whole affair is illegal or not but it is certainly unethical.

On March 2008, I underwent an ultrasound and an x-ray in my hospital. However, for reasons I don't understand the bills for these two operations were created by two different companies. I never received any bill for x-ray because it has been paid by my insurance company.

However, in late October 2008, I received a postal mail of
a default payment for bill of ultrasound from BWPO, Boston. The address of the mail does not match my address but I was lucky enough that USPS delivered it. They were about to send my bill to the collection department if I hadn't called.

BWPO billing department is very rude.
1. They didn't listen to my argument that they were sending the bills to a wrong address. They simply assumed that I ignored the previous postal mails.
2. They threatened to send the bill to collection department even though I was ready to co-operate as soon as I came to know about the bill.
3. They didn't gave me details of the bill and criticised me for asking me the details which they assumed I already know. I swore to God that I didn't know the details then.
4. I asked them whether they are in PPO of my insurance company. They got agitated and rebuked me by saying that I should know.
5. I hanged them and called my original hospital where x-ray and ultrasound was done. They told me about the details of the bill which is created by BWPO, Boston.
6. Then I called my insurance company to check whether BWPO, Boston is in PPO and found that they are in.
8. Then I called BWPO, Boston again and the rude behavior didn't change. They took my insurance information with cut-off remark that "I am not here to make friends".
9. But the fear still lingers that they may send it to collection department.

On my part, I am perfectly clear that:
1. I didn't received any bills except the default payment
  notice from BWPO which doesn't have any bill.
2. The address which they send the default payment notice is
  wrong and even then, thanks to USPS, I got it.
3. Their argument is that why I missed the other postal
  mail while I received the last one. I have no answer to
  that, sometimes USPS is an angle.
4. They claim that I called them every month for the last
  3-4 months to settle the bill which is entirely false.
  I never called.
5. Despite having my wrong postal address, they also send
  the claims to wrong insurance company. That's why the
  amount is not settled yet. It all seems to me a clerical
  error.
6. I called them to clear up the matter but as explained
  above they were so rude. I am still in fear and mental
  agony.
5. I have a clean credit and I don't want to ruin this for
  a petty $244 amount. But how will I know unless I am
  informed.

The question to you is that if something happens regarding
my credit, can I sue them. I know whatever they did is
unethical but is it illegal too ?

Under Massasuchetts law, can I record the conversation and
use against them ?

Thanks,
Saasha

Answer
Saasha,

I found the following regarding recording calls in Massachusetts:  

From the Massachusetts State Code

Mass. Ann. Laws ch. 272 , § 99: It is a crime to record any conversation, whether oral or wire, without the consent of all parties in Massachusetts. The penalty for violating the law is a fine of up to $10,000 and a jail sentence of up to five years.

Disclosure of the contents of an illegally recorded conversation, when accompanied by the knowledge that it was obtained illegally, is a misdemeanor that can be punished with a fine of up to $5,000 and imprisonment for up to two years. Civil damages are expressly authorized for the greater of actual damages, $100 for each day of violation or $1,000. Punitive damages and attorney fees also are recoverable.

Taking the above into consideration, you would be wise to inform anyone you wish to record that you are doing so.  Going by what you have said about this company, you will probably be hung up on. I would send them a letter outlining the remarks you made above and address it to the manager.  I would also include the fact that unless you are contacted immediately and this situation is resolved to your satisfaction, you will contact the Massachusetts Department of Consumer Affairs (wed address: http://www.mass.gov/?pageID=ocahomepage&L=1&sid=Eoca&L0=Home) the FTC (web address: http://www.ftc.gov/) and the Massachusetts Attorney General (web address: http://www.mass.gov/?pageID=mg2homepage&L=1&L0=Home&sid=massgov2)

I do not understand why any company would be so rude, especially in these tough economic times when you would think they would appreciate patients like you who take an interest in getting matters such as these cleared up.

As far as suing them for placing this on your credit, it may be a waste of time.  What you can do is, if this is turned over to a collection agency, DISPUTE the debt and send a copy of all of your paper work to them and the credit bureaus.

I hope you get this worked out and I am sorry for taking so long to respond.  My computer crashed and has caused a disruption in my life.
I hope you have a great weekend and if I may be of further assistance, please send a follow up questions.