What is the name of your state? What is the name of your state? Indiana
I was calling around for prices to have my teeth cleaned. It was many years since my last cleaning. I called a local dentist and an appointment was made that fit my timeline and price. I made it clear to the receptionist that it had been perhaps 6 years since my last cleaning. The receptionist told me about a special offer that they had that included two teeth cleaning, two complete annual dental exams and all x-rays needed to complete annual exam for $349. Short story is that the cleaning didn't happen and I was sent a bill that I didn't pay and a law suit was filed against me after I sent the following to the dentist via certified mail.
My following questions
1. what are my odds of winning the lawsuit filed by the dentist?
2. does the Indiana Deceptive Sales Act protect me?
3. Does my claim under Indiana Deceptive Sales Act legitimate
4. Did I follow it correctly
I have attached my complaint below to simplify what happened.
Statement of Claim and request for a written “offer to cure”
overview
I have received a bill for $210 that I do not owe. I contacted &***&* Dentistry to clean my teeth. I was told about an advertised special offer (SDSP). During the phone conversation an appointment was made to perform the work and the work was to be completed on the date of the appointment. I asked for a written copy of the advertised offer when I arrived, which I received. From the very start the dental hygienist tried to change the price. I showed her the advertised price and she agreed with what it said. She then inspected my teeth. I made it clear not to take any x-rays that were not included in the advertised price. I was assured they were included and the x-rays were taken. After the x-rays she inspected my teeth for a second time. I was told It would be substantially more that the advertised price for the cleaning, nearly double although an exact price was not given. The dentist came into the room, he could not tell me the exact price and stated he didn’t have time to complete the contracted work on the date agreed to nor would the advertised price be honored. @%#@#% Dentistry clearly broke the contract, which caused a lose of income for me as it was during my work hours.
It is my position that ###%%^# Dentistry is in violation of Federal Law and the Indiana Deceptive Sales Act.
U.S. Code: Title 15 Code 52
(a)UnlawfulnessIt shall be unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisement—
Indiana Code 24-5-0.5
(A) the cost exceeds the estimate by an amount equal to or greater than ten percent (10%) of the estimate;
(B) the supplier did not obtain written permission from the customer to authorize the supplier to complete the work even if the cost would exceed the amounts specified in clause (A);
(C) the total cost for services and parts for a single transaction is more than seven hundred fifty dollars ($750); and
(D) the supplier knew or reasonably should have known that the cost would exceed the estimate in the amounts specified in clause (A).
I was calling around for prices to have my teeth cleaned. It was many years since my last cleaning. I called a local dentist and an appointment was made that fit my timeline and price. I made it clear to the receptionist that it had been perhaps 6 years since my last cleaning. The receptionist told me about a special offer that they had that included two teeth cleaning, two complete annual dental exams and all x-rays needed to complete annual exam for $349. Short story is that the cleaning didn't happen and I was sent a bill that I didn't pay and a law suit was filed against me after I sent the following to the dentist via certified mail.
My following questions
1. what are my odds of winning the lawsuit filed by the dentist?
2. does the Indiana Deceptive Sales Act protect me?
3. Does my claim under Indiana Deceptive Sales Act legitimate
4. Did I follow it correctly
I have attached my complaint below to simplify what happened.
Statement of Claim and request for a written “offer to cure”
overview
I have received a bill for $210 that I do not owe. I contacted &***&* Dentistry to clean my teeth. I was told about an advertised special offer (SDSP). During the phone conversation an appointment was made to perform the work and the work was to be completed on the date of the appointment. I asked for a written copy of the advertised offer when I arrived, which I received. From the very start the dental hygienist tried to change the price. I showed her the advertised price and she agreed with what it said. She then inspected my teeth. I made it clear not to take any x-rays that were not included in the advertised price. I was assured they were included and the x-rays were taken. After the x-rays she inspected my teeth for a second time. I was told It would be substantially more that the advertised price for the cleaning, nearly double although an exact price was not given. The dentist came into the room, he could not tell me the exact price and stated he didn’t have time to complete the contracted work on the date agreed to nor would the advertised price be honored. @%#@#% Dentistry clearly broke the contract, which caused a lose of income for me as it was during my work hours.
It is my position that ###%%^# Dentistry is in violation of Federal Law and the Indiana Deceptive Sales Act.
U.S. Code: Title 15 Code 52
(a)UnlawfulnessIt shall be unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisement—
Indiana Code 24-5-0.5
- (6) That a specific price advantage exists as to such subject of a consumer transaction, if it does not and if the supplier knows or should reasonably know that it does not.
- (8) That such consumer transaction involves or does not involve a warranty, a disclaimer of warranties, or other rights, remedies, or obligations, if the representation is false and if the supplier knows or should reasonably know that the representation is false.
- (10) That the supplier is able to deliver or complete the subject of the consumer transaction within a stated period of time, when the supplier knows or should reasonably know the supplier could not. If no time period has been stated by the supplier, there is a presumption that the supplier has represented that the supplier will deliver or complete the subject of the consumer transaction within a reasonable time, according to the course of dealing or the usage of the trade.
- (11) That the consumer will be able to purchase the subject of the consumer transaction as advertised by the supplier, if the supplier does not intend to sell it.
(A) the cost exceeds the estimate by an amount equal to or greater than ten percent (10%) of the estimate;
(B) the supplier did not obtain written permission from the customer to authorize the supplier to complete the work even if the cost would exceed the amounts specified in clause (A);
(C) the total cost for services and parts for a single transaction is more than seven hundred fifty dollars ($750); and
(D) the supplier knew or reasonably should have known that the cost would exceed the estimate in the amounts specified in clause (A).
- This is your written “Offer to cure”. Under the Indiana Deceptive Sales Act, you have 30 days to reply in writing with an “offer to cure”. Under the act I am entitled to $500 from you for your deceptive acts within 30 day. If I do not receive a cure within that period the acts become an “incurable act” with a penalty of $1000.
- Sincerely,
