[ Tuesday, May 01, 2012 ]
Accretive Fights Back:
Asking whether a lost laptop, where there's no evidence of data loss or consumer damage, is sufficient grounds for the scorched-earth attack by the Minnesota AG, Accretive has asked the judge to throw out the entire case
. I doubt that will work, but you've got to wonder if AG Swanson has overplayed her hand.
After all, what's wrong with expecting people to pay for what they buy? I'm becoming more and more convinced that if they violated fair debt collection laws, we'd be hearing specifics. And they aren't making the argument that "minimum necessary" was violated, which is the only clear potential violation of HIPAA in the debt collection part. They lost a laptop, and reported it; that happens a lot, and if Accretive is worthy of a big HIPAA fine for that, so are a lot of folks. Instead, the story the AG is trying to sell is that Accretive is mean and demanding. Last I heard, that's not against the law.
Jeff [9:18 PM]
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