Q: Can Target's debt collector legally request my medical records in Florida?
I am being contacted by a debt collector for a Target debt, which is not related to any medical expenses, and they have requested my medical records. I have not given any consent for this. I am currently in contact with the debt collector to resolve the issue but cannot afford the payment amount of $200 a month, as my only income is from Social Security disability. Is it legal for them to ask for my medical records, and what can I do given my financial situation?
A: You asked if they are legally allowed to ask you for medical records. They can ask for anything they feel like - the issue is whether you have to comply. A Target collection agent asking for medical records makes ZERO SENSE, which makes me wonder if someone is trying to scam you - for example, trying to get records so he/she can steal your identity. The only way it might make sense is if you told the collection agent that you are paying X dollars a month in medical bills, and the agent then asked for proof of that - and then it would be only medical bills, not medical records. You may want to schedule a consultation with a lawyer to review your matter. A consultation for that shouldn't cost an arm and a leg, but if you can't afford consultation fees that are quoted to you, you could try the Florida Bar Lawyer Referral Service, which has a low fee panel of attorneys to provide legal assistance to those of low income.
Terrence H Thorgaard agrees with this answer
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A:
In Florida, a debt collector trying to recover a non-medical debt, such as one from Target, has no legal right to request your medical records. Your health information is protected by federal privacy laws like HIPAA, and debt collectors can't access this private information without explicit authorization from you. Asking for medical records without your consent may even violate debt collection laws.
Given your limited income from Social Security disability, you have protections under federal and state laws. You can inform the debt collector that your sole income is from disability benefits, which are generally exempt from garnishment for consumer debts. It's advisable to send the collector a written statement about your financial hardship, clearly stating your inability to afford the $200 monthly payments, and requesting alternative repayment options or hardship relief.
If the debt collector persists in requesting your medical records, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or contact the Florida Attorney General’s office. Additionally, consulting with legal aid organizations could provide free support to navigate this situation. Your privacy and financial limitations are protected by law, and you have every right to assert those protections firmly.
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