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Fraudulent Chiropractor

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EFaithW

Junior Member
What is the name of your state (only U.S. law)? California

I made the mistake of signing a contract with a chiropractor that I now know to be a scam artist (several consumer complaints on Yelp would suggest so!)

Part of the contract stated that if I were to move out of the area for any reason I would no longer be financially responsible. Well I moved and informed the office of this move and they are now trying to make me continue to pay and are billing me for missed appointments that I was unaware I had. I have not received any calls from their office for two years and last week they sent me a notice saying if I didn't pay this balance in ten days they would subponea me to court. The letter was dated 21 days before the post mark on the envelope and I obviously did not receive the letter within the ten day period. I have not been subponead but I also do not live in the same state.

Is this legal?

Also, how could I go about filing a class action suit? I have spoken with several other upset victim's of this office and am considering alerting the media so no one else falls victim to their scam.
 


H

Hot Topic

Senior Member
EFaithW said:
What is the name of your state (only U.S. law)? California

I made the mistake of signing a contract with a chiropractor that I now know to be a scam artist (several consumer complaints on Yelp would suggest so!)

Part of the contract stated that if I were to move out of the area for any reason I would no longer be financially responsible. Well I moved and informed the office of this move and they are now trying to make me continue to pay and are billing me for missed appointments that I was unaware I had. I have not received any calls from their office for two years and last week they sent me a notice saying if I didn't pay this balance in ten days they would subponea me to court. The letter was dated 21 days before the post mark on the envelope and I obviously did not receive the letter within the ten day period. I have not been subponead but I also do not live in the same state.

Is this legal?

Also, how could I go about filing a class action suit? I have spoken with several other upset victim's of this office and am considering alerting the media so no one else falls victim to their scam.
Click to expand...



It's hard to believe that you could use the services of a chiropractor, move out of the area, but not be held responsible for those services. I urge you to read the contract again. It doesn't make sense.

Don't rewrite virtually the same post and put it up elsewhere.
 
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E

EFaithW

Junior Member
clarification

If I moved out of the area before I had received all the treatments I had paid for in advance I would not be financially responsible for unrendered services. I tried to get a refund because I only used half the services that I paid for and rather than refunding my money they are trying to sue me for missed appointment fees for appointments that were scheduled after I had already moved. When I first signed on they circled every Tuesday and Thursday on a calendar and said these were my appointments. I informed the receptionist that I would not be able to go to these appointments but they billed me for them anyway.
 
H

Hot Topic

Senior Member
Something has happened, but I'm not sure where the problem lies. Somehow the communication threatening you with a lawsuit has gotten though, but other things sent to you haven't. Do you have proof that you notified them that you were moving? Date? Name of the person you talked to?
 
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E

EFaithW

Junior Member
I didn't know I was going to be moving, and the owner assured me that if I did move I would be refunded for unused sessions. What I find most confusing is that I have a written document from them stating that I was paid up. They never sent me a bill and now they suddenly want to take me to court for missed appointment fees that they said I didn't owe two years ago, but now I do?
 
H

Hot Topic

Senior Member
Invite them to take you to court, then provide the dated evidence that you didn't owe any $$$$.

Doubt if this would work as a class action lawsuit unless thousands of people were involved and the chiropracter had collected thousands of dollars in unearned money.
 
E

EFaithW

Junior Member
I don't have written proof, my bad, but I do have the name of the receptionist I spoke to. Their records, which I have a copy of, indicate that I didn't go to their office after May 2009. I told the receptionist that I would be in and out of town and eventually moving and that I needed to cancel all future appointments. I called and emailed the office many other times in 2009 and did not get any response. I also called and emailed the office after receiving the threat of subponea and have received no response.

I know that Yelp.com is not a legal testament, but there are 7 other people with similar complaints of feeling frauded by this office. I have been communicating with some of these individuals and we are wondering what legal rights we have. We've filed complaints with the BBB and The CA Chiropractic Board with complaints of verbal harrassment and innaccurate billing.

I now live in WA so wouldn't it be expensive for them to serve me papers of subponea?

Thank You!
 
Zigner

Zigner

Senior Member, Non-Attorney
EFaithW said:
I don't have written proof, my bad, but I do have the name of the receptionist I spoke to. Their records, which I have a copy of, indicate that I didn't go to their office after May 2009. I told the receptionist that I would be in and out of town and eventually moving and that I needed to cancel all future appointments. I called and emailed the office many other times in 2009 and did not get any response. I also called and emailed the office after receiving the threat of subponea and have received no response.

I know that Yelp.com is not a legal testament, but there are 7 other people with similar complaints of feeling frauded by this office. I have been communicating with some of these individuals and we are wondering what legal rights we have. We've filed complaints with the BBB and The CA Chiropractic Board with complaints of verbal harrassment and innaccurate billing.

I now live in WA so wouldn't it be expensive for them to serve me papers of subponea?

Thank You!
Click to expand...
7 bad comments compared to the hundreds of satisfied patients...that's a pretty small percentage.
 
H

Hot Topic

Senior Member
EFaithW said:
I don't have written proof, my bad, but I do have the name of the receptionist I spoke to. Their records, which I have a copy of, indicate that I didn't go to their office after May 2009. I told the receptionist that I would be in and out of town and eventually moving and that I needed to cancel all future appointments. I called and emailed the office many other times in 2009 and did not get any response. I also called and emailed the office after receiving the threat of subponea and have received no response.

I know that Yelp.com is not a legal testament, but there are 7 other people with similar complaints of feeling frauded by this office. I have been communicating with some of these individuals and we are wondering what legal rights we have. We've filed complaints with the BBB and The CA Chiropractic Board with complaints of verbal harrassment and innaccurate billing.

I now live in WA so wouldn't it be expensive for them to serve me papers of subponea?

Thank You!
Click to expand...

You talked to their receptionist in or before May, 2009. Wow. Think she's still working for them in March, 2011? Wouldn't place any bets on it.

The word is "defrauded." Newsflash. The BBB has no authority to force any company to do anything. All they can do is put letters of complaint on file in case anyone checks with the BBB before they go to the chiropractor. And realistically, how many people do that?

If only eight people have complained, how seriously do you think the complaints are going to be taken? I thought when you mentioned a class action lawsuit that there were dozens and dozens of people affected.

The lesson I hope you've learned is not to make appointments way in advance if there's any chance whatsoever that you could be moving.

Based on some of the info given, I think you've made a mountain out of molehill and that you'll probably never hear from them again.
 
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CJane

CJane

Senior Member
So, OP paid for several appointments in advance. Appointments that he knew at the time he would likely not be able to go to (because really, who goes in for an adjustment 2x/week for a year?), but paid anyway.

And now the chiropractor wants to charge him for missed visits - that were paid for in advance?

Was there a refund somewhere that I missed? And if so, they'd be aware he wasn't going to make the appointments - and if NOT, why isn't S/he upset that there wasn't a refund?
 
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