Business ProfileforPrescription Hope Inc

UPDATE As of August 10, 2023

A Consent Judgment and Agreed Final Entry and Order has been issued in this case with provisions as follows:

Prescription Hope is permanently enjoined from violating the provisions of CSPA R.C. 1345.01 or OAC 109: 4-3-01.

Prescription Hope will pay $20,000.00 to the Ohio Attorney General's Office.

PHI Ohio will cease operations in Ohio and dissolve with the Ohio Secretary of State.

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As of December 17, 2020, Case PM-20CV008164,
the State of OH Attorney General,
Plaintiff
vs.
PRESCRIPTION HOPE, INC.
253 N. State Street, #250
Westerville, Ohio 43081
and
PRESCRIPTION HOPE, INC.
2100 S E Ocean Blvd. STE 300
Stuart, Florida 34996
Defendants.

COMPLAINT AND REQUEST FOR
DECLARATORY JUDGMENT,
INJUNCTIVE RELIEF, CIVIL
PENALTIES, AND OTHER
and APPROPRIATE RELIEF

Defendants are "suppliers," as that term is defined in R.C. 1345.01(C), as they engaged in the business of effecting "consumer transactions," either directly or indirectly, by soliciting or selling goods or services to "consumers" for purposes that were primarily for personal, family or household use, as those terms are defined in R.C. 1345.01(A), (C) and (D).

Defendants are, and were at all times relevant hereto, engaged in the business of advertising, soliciting, offering for sale and/or selling goods and services, including but not limited to, a subscription-based medication advocacy program, which completes Patient Assistance Program applications on behalf of consumers in an attempt to reduce consumers' prescription costs, within the meaning of R.C. 1345.01(A).

STATEMENT OF FACTS
Defendants engaged in the business of providing goods and services to consumers,
including providing a subscription-based medication advocacy program, and failed to deliver some of those goods and services within eight weeks.

Defendants sells their goods or services to consumers in Ohio and nationwide by accepting orders placed via its website at www.prescriptionhope.com and over the telephone from consumers who call the advertised toll-free telephone number.

Defendants prominently advertised a risk-free prescription review process that states a consumer will only be charged if their prescription can be obtained by Defendants through the subscription plan.

Defendants' makes the following representations on their website:
a. "Your medication, $50 A Month"
b. "If we cannot access your medication, we will not charge you."
c. "You will always have the medication you need."
d. "We handle all details concerning your medication order."

In order to have their prescription needs evaluated by Defendants, consumers were required to enter their credit card or bank account numbers and enter into an agreement with a negative option feature whereby thirty days after signing up for the process and every thirty days thereafter, the Defendants, without further authorization, would charge the consumer's bank account or credit card for the total cost of their services, whether the prescriptions were being delivered or not.

Defendants accepted payments from consumers, but failed to complete the services for which they were paid.

Defendants refused to refund consumers' deposits or payments despite consumers' requests for refunds.

After receiving payment, Defendants sometimes began work but failed to complete the services.

Defendants represented to consumers that they would provide the ordered goods and services within an estimated time and then failed to provide such goods and services in the time promised.

Plaintiff requests the following relief:

ISSUE A DECLARATORY JUDGMENT that each act or practice complained of herein violates the CSPA and its Substantive Rules, in the manner set forth in the Complaint.

ISSUE A PERMANENT INJUNCTION enjoining the Defendants, their agents, employees, successors or assigns, and all persons acting in concert and participation with
them, directly or indirectly, through any corporate device, partnership, or other association, under these or any other names, from engaging in the acts and practices of which Plaintiff complains and from further violating the CSPA, R.C. 1345.01 et seq. and its Substantive Rules.

ORDER Defendants, pursuant to R.C. 1345.07(B), to pay actual damages to all consumers injured by the conduct of the Defendants as set forth in this Complaint.

ASSESS, FINE and IMPOSE upon Defendants a civil penalty of up to $25,000.00 for each separate and appropriate violation of the CSPA described herein pursuant to R.C. 1345.07(D).

ISSUE AN INJUNCTION prohibiting Defendants from engaging in business as a Supplier in any consumer transactions in this state until such time as Defendants have satisfied all monetary obligations ordered pursuant to this litigation.

GRANT Plaintiff its costs incurred in bringing this action, including, but not limited to, the costs of collecting on any judgment awarded.

ORDER Defendants to pay all court costs associated with this matter.

ORDER Defendants jointly and severally liable for all monetary amounts awarded herein.

GRANT such other relief as the Court deems to be just, equitable, and appropriate.

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For further assistance please contact
Office of the Ohio Attorney General
150 E Gay St.
Columbus, OH 43215
Phone: (614) 466-4986 or toll free
800-282-0515
https://www.ohioattorneygeneral.gov/