ATTORNEY GENERAL HERRING HOLDS AMERICAN MEDICAL COLLECTION AGENCY ACCOUNTABLE FOR MASSIVE 2019 DATA BREACH

~ Breach exposed personal information of potentially 21 million Americans, including at least 115,956 Virginians ~

RICHMOND (March 11, 2021) – Attorney General Mark R. Herring has joined a bipartisan multistate coalition of 41 attorneys general in securing a settlement with Retrieval-Masters Creditors Bureau d/b/a American Medical Collection Agency ("AMCA”) to resolve a multistate investigation into the 2019 data breach that exposed the personal information of over 7 million individuals, including 115,956 Virginia residents, and potentially exposed the personal information of up to 21 million individuals throughout the United States. 

"In today's world, where almost everything is digital and online, securing consumers' personal information must be a top priority for all businesses,” said Attorney General Herring. "I remain committed to keeping Virginians' personal data protected and holding any business who puts personal information at risk accountable for their actions.”

Retrieval-Masters Creditors Bureau is a debt collection agency. AMCA specialized in small balance medical debt collection primarily for laboratories and medical testing facilities. An unauthorized user gained access to AMCA's internal system from August 1, 2018 through March 30, 2019. AMCA failed to detect the intrusion, despite warnings from banks that processed its payments. The unauthorized user was able to collect a wide variety of personal information, including Social Security numbers, payment card information, and, in some instances, names of medical tests and diagnostic codes. 

On June 3, 2019 AMCA provided notice to many states and began providing notice to over 7 million affected individuals that included an offer of two years of free credit monitoring. On June 17, 2019, as a result of the costs associated with providing notification and remediating the breach, AMCA filed for bankruptcy. To continue the investigation and take steps to ensure that the personal information of their residents was protected, the multistate coalition participated in all bankruptcy proceedings. The company ultimately received permission from the bankruptcy court to settle with the multistate, and on December 9, 2020, filed for dismissal of the bankruptcy. 

As part of the settlement, AMCA may be liable for a $21 million total payment to the states. Because of AMCA's financial condition, that payment is suspended unless the company violates certain terms of the settlement agreement. 

Under the terms of the settlement, AMCA and its principals have agreed to implement and maintain a series of data security practices designed to strengthen its information security program and safeguard the personal information of consumers. These include:

• Creating and implementing an information security program with detailed requirements, including an incident response plan;
• Employing a duly qualified Chief Information Security Officer;
• Hiring a Third-Party Assessor to perform an information security assessment; and
• Cooperating with the Attorneys General with investigations related to the data breach and maintaining evidence.

The settlement, in the form of an Agreed Final Judgment, has been filed for approval with the Henrico County Circuit Court. 

Joining Attorney General Herring in today's settlement are the attorneys general of Arizona, Arkansas, Colorado, Connecticut, the District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New York, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Washington, and West Virginia.

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