ComplaintsforMoi-Modern Outpatient Image

• Initial Complaint

  07/18/2024

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  I had been receiving treatments from ***** with MOI for several sessions and things had been going wonderfully. I was excited to see results and enjoyed our time together. I had a treatment Feb. 19, 2024 and was scheduled for a follow up March 4. When I arrived no one answered so I contacted the business and was told there was a flood that had damaged the machine with apologies and that it would take time to make an insurance claim and get the replacement. For the inconvenience was also offered a credit for every three weeks of missed treatment. I tried multiple modes of contact in April, May, and June. It's now well beyond the projected date to re-open and I cannot seem to contact anyone anymore and am getting concerned. I'm simply trying to get an update if at all possible and am only reaching out to the BBB because I have exhausted all other outlets. I hope things are well and moving forward and look forward to hearing from anyone in what the current status may be. I'm hoping this is not the case, but speaking on behalf of myself and any other customers, if they are in fact closed it would be much appreciated to get a notification and a refund for the incomplete services. Thank you for your time.

  Business response

  07/18/2024

  Thank you for your complaint. We are sorry that you have been unable to reach us regarding your services. Unfortunately, our spa services are closed for the foreseeable future. While it was our intention to reopen the spa portion of our portfolio, due to unforeseen events that have occurred with other aspects of our portfolio, it is not financially feasible at the moment. While we do intend to open a new spa location at some point we have no finite date, as we are in an active legal dispute to resolve the issues hindering our reopening. Your spa package included several free sessions and I believe those are the sessions you are seeking a refund for. Typically, we do not offer monetary refund for bonus sessions, however; due to our closing unexpectedly if you initiate a dispute with ****** or you credit card provider we will not dispute the chargeback request and you will receive a refund from your payment provider. Again, we apologize for the inconvenience.

  Thank you,

  ***************************

• Initial Complaint

  03/26/2024

  Complaint Type:

  Product Issues

  Status:

  Unanswered

  More info

  In October of 2023 I purchased a Groupon for the *** consultation & 1st treatment, which went well. I then purchased a 4 treatment package and 2 more during their Christmas special. (I paid for 7 total treatments). Additionally, I was promised two more treatments for my 5-star reviews, which I was happy to give because the first four treatments worked really well. My 5th treatment was scheduled for 2/15 and I was contacted by ***** on that morning. She said the offices were flooded and she would get back to me to reschedule. I contacted her the next week and heard nothing back. Since then I've tried in numerous ways to contact ***. I called (someone answered their 414 number that is posted on ******** and hung up on me) and the 262 numbers go to generic voicemail. I tried to email and got no response. Also, I saw that the site was down. If *** has permanently closed I am sorry for the business but it should let its customers know and refund their money for treatments that have gone unfulfilled. I hope *** is just experiencing a remodel crisis and the business is still up and running. ANY contact from the business would be appreciated, and if they cannot fulfill the treatments I would like a refund.

• Initial Complaint

  02/16/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I purchased a Groupon for body sculpting at ********** in **********, **. My daughter and I made an appointment and during the appointment we were told that we would be seeing results after each treatment so we bought the package. During the first visit the owner, *****, stated that her imaging machine was not working however she would be able to determine I loss by measuring it by using some type of forceps and pinching our skin. After the first treatment my abdomen became extended and painful. I told ***** this and asked for a refund however she starting yelling at me, stating that I was just asking for a refund because she is black. (I am married to a black man and my daughter was with me.) She went on to say that I hated black people because my husband was black and he left me and now I hate all black men, which is so very unprofessional. I asked her what her background was that she is performing a medical procedure and she told me that she was a nursing student. (Sorry I don't believe this as I am a nurse and some of the medical things she was saying were not accurate.) I have NEVER had such a conversation with a business owner in my life and had no recourse other than to hang up the phone. I asking for a refund of my money and I really don't believe she should be preforming a medical procedure without a license.

  Business response

  02/19/2024

  Thank you for bringing your concerns to our attention. Customer satisfaction is our number 1 priority, and we are sorry the customer is experiencing difficulties. We take all complaints seriously and we are dedicated to a fair resolution in line with our established policies and procedures. We are currently investigating the circumstances surrounding the customer's request for refund and will communicate our findings once the investigation is concluded. 
  
  
  
  In the interim, we need to address some of the customer's statements that we know to be fallacies or statements of non-fact.

  1.The representative mentioned in the complaint, although instrumental in the operations of our company, is not "the owner".

  2.We do not perform "medical procedures". Any treatment we provide is purely cosmetic in nature, as stated in our terms and conditions that all customers agree to prior to receiving treatments at our facility. Our cosmetic treatments do not treat, diagnose, or cure any medical condition. Our cosmetic treatments also do not penetrate the skin, change any structural element of the body, nor do we remove anything from a person's body. Instead, our treatments stimulate natural processes that already occur within the human body to expedite fat reduction and the appearance of wrinkles and cellulite. By definition of the treatment a medical license of any sort is not required to perform them. Despite this fact, the representative mentioned in the complaint is trained, certified, and well-educated in disciplines relative to the profession of body contouring. 
  
  
  
  3.The individual mentioned in the complaint is a certified body contouring specialist with 5 years of experience and a background in psychology and health sciences. She has received direct training from our certified Master Personal Trainer on body systems, composition, and all things relative to her job duties. In addition to her extensive job specific training and experience, she is in fact an impressive nursing student. She participates in our tuition reimbursement program, so we are aware of the status of her education. Due to her remarkable TEAS score, she received numerous scholarship offers to complete her nursing program to which she has 3-4 semesters remaining. Were it not for her recent maternity leave we strongly believe she would have completed with her advanced Nursing degree already.
  
  
  
  As mentioned previously, we are currently investigating the customer's request for refund. We have a well-established and published refund policy and will ensure, if there is a refund owed, this customer will receive it. I will note that I, ***************************, the President of the company reached out to the customer prior to her complaint via text and she did not respond. We ask for 7-10 business days and the customer's complete and respectful cooperation to complete our investigation. If we request additional information, we request that the information be supplied promptly (within 48 hours) to ensure our ability to resolve this matter within 7-10 business days. Failure to supply any necessary information will result in an automatic denial of her refund request. 
  
  
  
  Thank you for your assistance and mediation in this matter,
  
  
  
  ***************************
  
  President
  
  Modern Outpatient Image
  

  
  

  Customer response

  02/23/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  

  I am confused on a couple of issues.  First, I asked '*****' what her qualifications were and the only response she gave me was that she was a nursing student.  She did not mention a degree in psychology or any other training.   I have a Masters in Nursing and when ***** told me that I would need additional treatments because I had visceral fat I knew she was inaccurate and became concerned about her background as visceral fat is the fat surrounding vital organs and she was pointing to my abdomen.  I am also bewildered about a degree in psychology as she behaved in such a bizarre manner however one does not preclude the other.   Second, I have never received a phone call, text or email from ****************** and would be happy to speak with her if she would like to call me at ************ because I know, as an owner of a business, that if one of my employees spoke to a client the way I was spoken to by her representative I would like to know.  After accusing me of 'hating black people' and then going on to say the reason for hating black people was because my husband left me for a black woman (which none of this is true, I have NO idea what she was talking about and this just came out of the blue) my only response to her was to end the conversation as I believe she has mental health issues.  This, among the other stated reasons, is a very significant reason for my request for a refund and it was not addressed by ******************.  There is no way I would continue working with this extremely unprofessional individual.  I am requesting a refund and would like this horrible experience to be behind me. 
  
  Regards,
  
  ***************************

  Business response

  02/28/2024

  Thank you for your response. We are sorry you are not satisfied with your transaction and level of service. In the spirit of transparency, I have uploaded a screenshot of the unanswered text message sent to you from my phone. This was prior to receiving your complaint through the BBB. You indicated a lack of desire for telephonic communication to **************,  and are now on a written correspondence only list. Since the preliminary findings of our investigation indicate a major discrepancy between your version of events and **************'s version of events, I believe it is in everyone's best interest to maintain this designation. This way we have a record of what is and is not being communicated to all concerned parties.   
  
  While your education is impressive and I am sure it qualifies you for a vast array of positions in the medical field, your degree(s) alone would not qualify you to be a body sculpting technician. All of our technicians are certified in the science and art of body sculpting and thoroughly trained on how to operate each device or tool we utilize. As a retired medical professional of over 30 years, your description of what makes you feel ************** is unqualified is a bit confusing. You stated her suspecting visceral fat and pointing to the abdomen made you leery of her competency because "visceral fat is fat around the organs". Basic anatomy and physiology indicate that the majority of one's vital organs are contained within the abdominal cavity. So just as you said, visceral fat is fat around the organs and if a large percentage of vital organs are in the abdomen, that would make her actions of "pointing to" your abdomen completely appropriate.

  The reason this was a concern is, intra-abdominal visceral fat is not fat primarily addressed by the Cryo Liposculpt treatment as this treatment targets the subcutaneous plane, as explained in your consultation. Visceral fat is generally targeted by improved diet and exercise, which I'm sure you know since you have a Master's degree in Nursing. Since both you and your daughter indicated to the technician you have an aversion to exercise and it was suspected that you had over a pound of visceral fat (not confirmed because you did not complete a 3D body scan), you were encouraged to utilize our additional magnetic muscle trainer because it simulates a high level of exercise, ***** up to 5000 calories, and is equivalent to ****** sit *** in a 30 minute session. Our records indicate the technician offered a free session to demonstrate how it works and how it could benefit you, to which you later declined when you originally requested a refund. You can educate yourself about visceral fat by using this link.

  ***********************************************************************************************************************************************************.
  
  
  In regards to our technicians qualifications; I strongly believe you have made an error in assessment. **************'s verified resume cites some extremely impressive accomplishments. She graduated high school at the age of 16, has regularly made the ****** list, is a member of the International *************************, and graduated at the top of her college class with *************** distinction. She came to our organization highly recommended with remarks in her letters such as "brilliant", "genius", "asset to any environment", and "high achiever". She is regarded as a knowledgeable professional by most of our clients. I should note that a large percentage of our clients are medical professionals with higher levels of experience and education than you have presented such as Physicians, Dentists, Advanced Nurse Practitioners, Physical Therapists, and Psychiatrists that work for major organizations like *********, Aurora, and ProHealth. She has serviced over 1000 clients throughout her tenure here and I would say 98% of our clientele have communicated nothing but praise for her professionalism, excellent service, and wealth of knowledge. You have not listed any justifiable reason to doubt her credentials or ability to do her job that would have occurred prior to the conflict you described in your complaint. Thus far, it appears this unjust assessment contributed greatly to the conflict you described.
  
  
  In regards to your request for refund. Unfortunately, at this time we are unable to approve your refund request. The reason for the denial of your refund is as follows:
  
  1. The Nothing To Lose But Inches Guarantee Claim form was not completed. Without this form we must rely solely on the information on file. We investigated your claim of a failed treatment and cannot find any evidence on file to support it. Our records indicate you received a treatment, you were measured before and after your treatment, and the technician observed a measurable change. That is the extent of our refund policy. Anything outside of the nothing to lose but inches guarantee is a non refundable purchase as stipulated in our terms and conditions. 
  
  We have a well established standardized process for issuing refunds that the technician attempted to advise you of and walk you through when you initially requested a refund. If you do not agree with our findings, please submit a formal request for refund by completing the Claim Form. The claim form will allow you to provide more specific details that will help our device servicer determine the outcome of your refund request in a clear and objective manner. The Nothing to Lose But Inches Guarantee is backed by a third party and they require the completion of this form. You may complete this form by clicking here *******************************************. You advised the representative that you recorded the call. On the claim for there is a place for "additional evidence" please upload the recording to support your allegations, for our review. If the file is too large you may share it with me directly at ******************************** Once completed, the circumstances of your refund request will be evaluated and a claim determination will be made. After completion of the form, please respond back to the BBB as we can only add information to the complaint AFTER your reply. 
  
  Our investigation into the particulars of your conversation with ************** is still ongoing. Thus far our investigation has concluded this conversation was in the presence of our Master Trainer. I am scheduled to meet with him soon to learn more about his observations of the conversation. If you have any supporting evidence it is highly advised that you submit it with your claim. After meeting with him and receiving your claim form we will  provide an official determination of your refund request. Here is the link for the claim form again  *******************************************.Without completion of this form, the decision to deny your request will remain unchanged. 

  
  

• Initial Complaint

  11/16/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  -Bought trial from ******* -Service Provider was over 15 minutes late to consultation appt (had to call) and over 20 minutes late to "introductory service" (Both under *******)-When seen for introductory service, was rushed through purchase process of further services due to another client waiting (my appt started late, so likely behind). When I asked for contracts of what was signed I was told there wasn't any they give - (red flag but I already paid).-Was only given a register type receipt via email when asked that I needed something to prove that I paid and what I paid for - receipt stated:"Your complete satisfaction is our first priority. In the unlikely eent you are at all unsatisfied with your purchase, please let us know immediately. We accept returns for unopened and unused merchandise 7 days after purchase. Our treatments are backed by our Nothing to Lose But Inches Guarantee defined by our Service.Agreement and are otherwise non-refundable."-Was told to use a code for rescheduling online to avoid fee for future appointments- didn't work when I tried it -I contacted them the next day to ask for a refund per the receipt since I did not receive anything for the contract and they told me that they could not refund the money. I advised them that I would go through my credit card as a dispute then, and they said that they would charge me $150 if I disputed it with the credit card and that I shouldn't do that, again asked for the contract to be sent to me. Still have not recieved a copy of it. -Now that it is in dispute with credit card, they are messaging me threatening legal action unless i drop the dispute. Again asked for the contract.

  Customer response

  11/17/2022

  I purchased the Groupon and those services were completed. 

  My complaint is with the extension of services which I purchased for over $1800 however when asked for a contract/paperwork detailing the services, I was told they do not give out anything like that and sent me an email of a receipt (attached to complaint). I am still waiting for the agreements/contracts any documentation that they are claiming that I cannot get a refund. 

  Business response

  12/05/2022

  While we strive to ensure every customer is satisfied, we understand there will be instances where clients will make requests that are outside of our stated, written, and published policies. After reviewing her complaint this is what we discovered:
  

  
  

  1. On 09/16/22, the client received a complimentary consultation to determine medical and financial eligibility of the requested service. During the consultation future pricing, the nature of the treatment, and how it works were explained (and recorded). At this time the client was also given the option to refund her Groupon purchase if she did not feel comfortable with the price of future services or the nature of the service itself.
  

  
  

  The client decided to go forward with the treatment. The client was advised to ensure this was a good fit and given time to think before proceeding, her treatment was scheduled for a later date (without taking any additional payments).
  

  
  

  2. On 09/27/22, the client returned to receive her first treatment. Our records indicate her session began within the 15-minute buffer we a lot between appointments to account for overbooking, previous clients running late, sessions lasting longer than planned, or other unforeseen events. While her session did not begin right at the scheduled time, the late start was accounted for within the schedule.
  

  
  

  3. Before her treatment was provided, essential elements from the consultation were reiterated and the client read and signed a waiver of risk and acknowledgment of our terms and conditions. Our terms and conditions further reiterate our refund policy and terms of use. At the end of her session, the client was shown her results, her Groupon was redeemed, and she was given the option to purchase additional treatments based on the pricing provided during her initial consultation 11 days beforehand. 
  

  
  

  4. Due to her amazing results and time-sensitive promotional pricing, the client decided to purchase additional treatments to take advantage of our sale at the time. She requested a copy of her receipt, which she was provided, and her service ended.
  

  
  

  5. On 09/28/22 the client called and stated her husband found out about her purchase and he did not approve of her purchase and demanded a refund. She was then informed again that we could not ***** a refund of services, which is why we do not allow clients to rush into receiving services with us. We do not want our clients to make such decisions without having an opportunity to discuss things with their significant other and work their purchase into their budgets. 11 days elapsed between the clients initial consultation and her purchase of additional services. Despite the impression left by the clients version of events, This was not a pressured or rushed purchase. 
  

  
  

  During this recorded call, the client threatened to dispute it with her credit card provider as an unauthorized charge or claim the service did not work (despite losing several inches during her first treatment) if we did not honor her request. She was then advised that any false chargeback initiated always results in a chargeback fee that we as merchants must pay and if we have to pay that fee, we will then charge her for our costs. This was not a threat, but more so a cautionary warning advising that going about things in that manner may end up costing her more money. The client ended the call by saying she was going to do it anyways, with no indication she wanted to redeem her purchased treatments.
  

  
  

  6.10/22/22 a courtesy message was sent to the client reminding her that several weeks had elapsed since her last treatment and she still has the option to redeem her treatments. The representative offered to reschedule her missed appointment for her. We have no recorded response on file. We have no documentation request on file for her at that time. We have no communication from her asking for assistance with the self-booking tool or acknowledging the code did not work at this time.
  

  
  

  7. 11/04/22 We were notified of the clients chargeback request. We reached out to further advise that she still has an opportunity to withdraw her chargeback dispute before we prove the dispute to be fraudulent and incur expenses that we will have to charge her for. We discussed in great detail, again, what we can and cannot refund for and buyers remorse is not a refundable event. This is why we do not permit impulse purchases. We want to do our part in providing all of our clients time to make sure they can afford their purchases. We responded to the chargeback request and supplied all documentation regarding the client's service, including her contract.
  

  
  

  8. On 11/16/22 after her bank declined her chargeback request due to the evidence submitted which demonstrated her chargeback claim was invalid. The client requested a copy of the contract that was already supplied during the dispute process. The individual who keeps our records was on vacation that week but the client was advised she would receive a second copy of the requested documentation.
  

  
  

  9. 11/19/22 an email was sent to the same email address provided on this complaint at 9:51 from our records department with the requested documentation.
  

  
  

  We have received no further communication from this client. It is apparent to us through our investigation that the client is not satisfied with our return policy, however; we found her request was handled within our stated, written, and published protocols. Since the client claims she has yet to receive a copy of her contract that was electronically provided twice, we have emailed the third copy to her and will mail a 4th copy to her address on file. Upon request, we can also supply your office with a copy to forward to her but ask that it is not published, as it contains sensitive personally identifying information regarding the client and may constitute a breach of her privacy.
  

  
  

  Unfortunately, it is also apparent, this complaint to the BBB is yet another attempt on behalf of the client to circumvent our stated, written, and published policies. Out of fairness to all of our other clients who follow and respect our stated, written, and published policies: we are unable to ***** her request for a refund as it does not fall into our Nothing to Lose But Inches guarantee. This guarantee covers the effectiveness of the treatment. If the treatment does not result in a measurable change, the session is free. Our no refund policy (outside of treatments that are ineffective) retains the integrity of our pricing structures and supports our time-sensitive promotions. If we *****ed an exception for this client, to avoid discriminatory practices, we would have to then provide this exception to all future and past clients and that is not a change we are willing to make at the moment.
  

  
  

  Despite the false chargeback and the additional attempt to circumvent our policies and procedures, the client still has her unused treatments available to use at any time of her convenience. She may schedule her appointment with the office manager by calling ************ and requesting to speak to *****.  Please advise the client due to the nature of the issues and to ensure we have resolved them in their entirety, she cannot schedule this appointment online and it must be handled by the office manager.

  
  

  
  

  
  

  
  

  
  

  
  

  Customer response

  12/14/2022

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  
  I have provided a response to the corresponding numbers the business has provided: 
  
  1.
  Yes, I received the consultation on 9/16/22. I would like to point out that the representative was also slightly late to this appointment no one was at the rooms in the building and I had to call to see if anyone was coming to the appointment. I was seen within the 15 minute grace******. This consultation was only a verbal consultation reading off a list/script. I was not evaluated with the body mass machine at this time, therefore the Pre-consultation visit likely something that I could have done over the phone.  Per the notes from the business above, I do not recall being told the visit was being recorded, which *** be a violation of my rights as this was PRIOR To signing any documentation waiving that right. I scheduled the first treatment appointment at that time as part of the Groupon.I was told the approximate price and that *** be subject to change based on the available promotions and never given anything in writing regarding the treatments or costs or number of treatments. The cost was also based on how I would respond to the first treatment, so nothing was really set in stone on how much it could cost.
  
  2. My appointment was scheduled at 1:30pm (Email confirmation to prove this), I have a text from the *** number @ 1:46pm that they were stuck behind a train and 5 minutes away. It took longer than 5 minutes for them to arrive. I do not have any time stamps for when session/treatment began but it was way beyond the *************************************************** addition, prior to anyone from *** arriving, there were Amazon packages piled up outside of the door to the treatment rooms and a handwritten note from another client that they waited 45 minutes and no one showed up. The paperwork signing was rushed as I was anxious to get started and this was prior to any discussion of total costs or number of treatments based on my first treatment, I had another place to be after the appointment so there wasnt a lot of time to review. Another client showed up during our session and called likely due to the extreme delayed start to my session.
  
  3.As stated,all documents were signed prior to the treatment session and before the cost and number of treatments needed were stated with the post-treatment recommendations.Also, there was no mention during the consultation that the documents were to accept any refund policy. Again, all documents to sign were provided before any assessment was done evaluating if the treatment would be effective for me and how many treatment packages were recommended.
  
  4.

  I was not told I had amazing results nor was I given a copy of these results. I was told that I *** need multiple treatments to achieve desired results and I lost a total of 1 inch from my entire body mass for the overall treatment and I had inflammation in the main area of treatment where I wanted to lose and no loss in the main target area (lower abdomen), the 1 inch loss was the upper abs. It is also not clear to me at that time if the 1 inch lost was due to water intake and from using the restroom multiple times. (I used the restroom once before she arrived and before 1st body scan, 1 additional time before the actual treatment/after 1st body scan and an additional time immediately after the treatment/before the 2nd body scan). I was instructed to ensure proper hydration prior to the session including electrolytes and water. My urine was white/clear/no yellow at each occasion I used the restroom. On a regular day I drink between 80 to 100 ounces of Electrolyte flavored water (I use Ultima) and I upped my intake, as instructed, at the first visit to ******* ounces the day prior and day of treatment to maximize results.
  **I was told that the sale pricing was limited and was going to go up, I was going to need 3 to 5 treatments and I had to purchase 5 treatments to get the discounted price. I was told the total of **** and then asked are you going to pay cash?and I said no, but it did feel like a pressured situation, wasnt even asked if I was interested in further treatments, it was all implied.  
  ***To be clear, I asked for a copy of the contract/treatment plan on 9/27/22, and she said that they dont do that-I was only given a register receipt with no details other than the transaction. I insisted I needed something documenting more details of the treatment/purchase as proof as this was a lot of money and I have never had any other experience where I didnt get a copy of a contract outlining the treatment plan.  She said that she would email it, I was emailed a digital receipt with that said 5 treatments were purchased.
  **During further communication with ***** from *** at subsequent calls and texts I did request a copy of the signed documents and even ALL documentation they had on file.
  ***Once I finally received the signed waiver paperwork on 11/19/2022 (First time I RECEIVED it), I noticed that there is a statement regarding inflammation:
  At times,some *** experience an initial inflammation response causing slight enlargement of the area. In this event, you will be reassessed in 72 hours to determine the treatments efficacy. If you do not have a measurable change after 72 hours of your initial inflammation response, your session is free.
  **I was not offered any opportunity to have a reassessment in 72 hours despite being told I had inflammation in that area** This should have been assessed PRIOR To offering me any additional packages to purchase based on this statement in the document that it is to DETERMINE THE TREATMENTS EFFICACY.
  
  5.
  My discussion with my husband after the treatment about the purchase was after we discussed the nature of events and the cost of the treatments was because of the red flags raised.  
  Red flag 1:when I asked AT THE VISIT for any paperwork to support/outline the treatment contract and purchase, I was told that they do not do that or provide that documentation to clients. I was provided only a basic register receipt. Technically she quoted me somewhere around $1700 and didnt state any tax would be included as it was all verbal-not an exact total.  I then asked for SOMETHING that has any documentation of what was paid for because it just didnt make sense, how could they have me sign ******************, charge this much but not give me any proof? I was then emailed a receipt that had the total, 5 treatments listed.
  Red Flag 2:The emailed receipt ANY ONLY DOCUMENTATION I HAD AT THE **** OF LEAVING THE FACILITY AND UNTIL 11/19/2022  has a statement on it:
  Your complete satisfaction is our first priority. In the unlikely eent you are at all unsatisfied Aith your purchase, please letus knoA immediately. We accept returns for unopened and unused merchandise 7 days after purchase. Our treatments arebacked by our Nothing to Lose But Inches
  Guarantee defined by our Serice Agreement and are otherAise non-
  refundable.
  Since this receipt was all I had, I did check with my credit card company first to check to see my rights, they suggested I call the company for a refund, I called and was told someone would need to call me back, I received a call back later that day on 9/28 and was told that it was not refundable, despite the ONLY documentation I had said I had within 7 days. She said I signed the contract and no refunds would be given and that if I disputed it with the credit card company, I would be charged $150. I recall that I then asked for a copy of the contract to be sent to me. 
  RED FLAG 3:I was given a Code to reschedule on the website since I needed to leave and didnt have time to reschedule in the office. The code was to avoid paying on the website again. THE **** DID NOT WORK and requested my credit card to reserve the appointment.  I did not proceed further with reserving the appt. At that point, I was uncomfortable with the situation given so many uncertainties.
  Red Flag 4:  After asking for a copy of the contract in person, and over the phone, I never received anything.  I again called the credit card company to discuss options.
  Regarding my credit card dispute, it was not CLAIMED to be fraudulent or unauthorized, I provided the information that I requested a refund and a copy of the receipt with the refund policy from the only documentation I had (the receipt) and the statement of the 7 day option to refund to my credit card with my call records. I provided it as a dispute regarding the refusal to refund based on the only documentation I was provided. The dispute was initiated in October after the credit card company was consulted again because *** refused to provide a refund.
  
  6.
  This was a text message.  I did not receive any phone call or voice message. I did not ask for assistance with the self-booking tool because I was pursuing a refund given the details I outlined above.
  
  7.11/04/22
  I was not provided with the contract on 11/4/22. If they sent the contract, it was only to the credit card company not me. I responded to their text via text asking for ALL DOCUMENTS/AGREEMENTS for my accounts.  I did not receive anything until 11/19/22, which is then AFTER I submitted the BBB complaint on 11/17/22 as I was not pleased with the experience of several attempts to request the contracts and continued resistance from ***, only text statements to me reiterating a policy that I had not received any copies/documents of this until 11/19/22.  
  
  8. On 11/16/22
  The credit card company was still pursuing the dispute as of 11/16/22. I did not have any feedback from the credit card company as of 11/16/22. I reached out to *** to ask for the contract on this date because I still did not have it from them.  I initiated the BBB dispute on 11/17 because of resistance to send the documentation on file to me so I could review the policy.  I only received notification from my credit card company as of 12/6/2022 that the case was closed.  

  
  I am interested to know how many people work for *** because only 1 person has ever communicated with me and it is the same person that completed the treatment and sent the texts/emails. ***** is the person who has identified themselves and manages the Texting and if they were on vacation, why did they respond to these texts if it is the company's number?
  
  9.11/19/22
  Said email on 11/19/22 was in response after I submitted the BBB complaint. Email said it was the 3rd time they sent it to me (but only the 2nd) and the first copy was only sent 2 days prior.
  

   

  Again, I have not received a copy of the body image evaluation with the "loss results", if they claim I had "amazing" results, I am interested in a detailed report of that and why I was told I had inflammation in the target area, but yet in the policy/waivers that were finaly received, I SHOULD HAVE BEEN REEVALUATED WITHIN ********************************************************************************************************* at all. 

  Also, of the 2 documents I was sent, 1 of the waivers'documents that was sent to me via email does not have my signature on it at all, so I am not sure if it is a valid document for my account. 

  It is frustrating to see in their response that they "assume" that I was "unhappy" with their refund policy when it took well over a month and a credit card dispute and a BBB complaint for me to actually receive a copy of any of the information regarding said policy.

  I would still like to pursue the refund for services paid for and not received. I would be willing to discuss options to negotiate the costs they incurred from the credit card dispute, but based on the professionalism of how this was handled for me requesting information from them, I would prefer to not do further business with them. 

   

  Regards,
  
  **********************************

  Business response

  12/16/2022

  We want to thank the client for their responses and expression of their concerns. While customer satisfaction is very important to us; we recognize that at times some of our policies, (which are in place to ensure we are abiding by all commercial laws that govern us, support our promotional pricing structures, create a cohesive environment, and demonstrate the ability to treat all customers and clients indiscriminately, regardless of their race, religion, marital status, or any other legally protected class) *** draw negative reactions or result in unhappy customers. We cannot honor the clients request for refund because through our investigation and their own testimony we have found no breach of contract or circumstances which allow us to legally deviate from our stated, written, and published policies. The heart of their request was that their spouse did not approve of the purchase. If we make an exception from our stated, written, and published policies due to spousal disapproval that would put us in a position to possibly discriminate against our clients who are not married and cannot use that as a reason to circumvent our refund policies. Our final decision is not out of a financial inability or even a lack of desire to accommodate but rather a legal inability to do so. It is important to highlight that while the complaint of the service they received is important; the service received, including the results thus far, pertain to their Groupon purchase as the client has not utilized any of the sessions purchased directly through our company. Outside of spousal disapproval, the client listed a myriad of reasons why they changed their mind after their purchase or made arguments that while worth listening to, do not validate their request for refund or allow us to deviate from our policies.
  
  
  From their version of events, we can tell that they are unhappy with their experience and would like to take time to acknowledge and address the stated concerns:
  
  
  1. To begin, regarding the appointments beginning late. It is our goal to start appointments within ******************************************** the event extenuating circumstances do not permit an appointment to start on time; while not required to do so, our technicians are empowered to use his or her discretion and provide complimentary treatments or upgraded services to compensate for the inconvenience. This courtesy gesture, if extended, in no way acknowledges a breach of contract or entitles one to a refund of a non refundable purchase but rather is our way of apologizing for the inconvenience.
  
  
  a)We feel it is important to note, your technician (who is in an advanced stage of pregnancy and was covering shifts for a colleague who was on an extended maternity leave) did experience an emergency outside of "being caught behind the train" that we are not at liberty to discuss.
  b) Expecting a full refund due to tardiness of an appointment is like expecting an entire meal to be free because of waiting longer than usual in the drive through lane. Or expecting your doctor not to charge you their fees because they are significantly behind schedule. In light of known worker shortages that nearly every employer in the U.S. is experiencing, we find that solution very impractical and unreasonable.
  c)We feel it is also important to highlight that the purchase the client is requesting a refund for, occurred AFTER the occurrence of the appointments that began late, meaning the client was equipped with this information prior to making their decision to purchase and still decided to go forward. That would make this factor though frustrating and unfortunate, irrelevant to the validity of the refund request. 
  
  
  2.While the reading of the contraindications does occur during the consultation there is much more information conveyed during this interaction regarding the treatment itself and what to expect than that.
  a) Perhaps that is all that the client remembers or took from the consultation which *** explain some of their confusion about our policies but our recordings indicate their consultation lasted 30 minutes and 42 seconds. 
  b)During this consultation, they were advised of the basic tenant behind our refund policy when the representative stated "if you do not experience a measurable change directly at the end of your session, your session is free."
  c) We feel it is important to highlight, the client was also advised that in the event they purchased too many sessions for the area they *** apply the unused sessions to other areas, they can save them for later, or they can gift them to someone else to since they are non refundable. 
  d)There were no other promises of ability to refund for other circumstances made. Our refund policy is outlined in our terms in conditions. In the signed waiver and release they acknowledged that they read and consented to our terms and conditions right before providing their emergency contact information.
  e)During their consultation they were given a range of what their initial treatment plan *** cost depending upon how they respond to the treatment given the current promotion. 
  i. They were given 11 days to discuss the information of their experience, the price, and the treatment itself with their spouse and any other party relevant to their financial decisions.
  ii. Our records indicate their purchase fell within that range and did not deviate from the initial quote.
  iii. It is our experience that many married individuals do not readily share or discuss their purchases from establishments like ours for many reasons such as fear, disapproval, embarrassment, and a simple lack of desire to do so. We do not require the disclosure to spouses but permit time for clients to determine how they want to proceed to avoid potential discovery and domestic turmoil.
  f)We do not invoke pressure to buy, that is not the *** way. 
  i.During the consultation the client is advised it is unlikely 1 treatment would yield a desirable outcome and multiple sessions are recommended. At this point the client is given an opportunity to receive a refund of their Groupon and to not proceed forward if they determine the treatment is not for them. 
  ii.We created a caveat for our clients that if prior to receiving their initial treatment they determine they do not want to proceed, they can receive a full refund of their Groupon directly to their original form of payment. We have issued several refunds under this policy with no problem because we view it as fair for all parties involved. 
  iii.This a client opted out of that option and decided to go forward. 
  
  
  
  
  3.Regarding the "unsigned" document: there was a duplicant blank version of the forms actually signed submitted accidentally with their documentation request. The document labeled "terms and conditions" is a hyperlinked document to the actual waiver which requires their signature. Their signature is not required on the terms and conditions form as its contents are acknowledged on the waiver.
  
  
  
  4. The client presented questions regarding the legality of recording their consultation.
  a) We record our customer interactions for training, legal, and security purposes. We advise this information before our phone calls, we also have a posted "recording in progress" sign in the facility. By continuing to engage in the interaction clients and potential clients are expressing consent for us to record.
  b) In addition to this, every employee of *** has given us expressed consent to record their interactions with our clients. ********* is a 1 party recording state which simply means only one party of the conversation needs to provide consent to record. By our employees expressing permission, we satisfy this requirement.
  c)Client privacy is important to us which is why we do not share these recordings externally but we use them for instances such as this to ensure our employees are following our uniform protocols and providing the standardized information we have trained them to provide. 
  
  
  5.The client expressed concerns with their results. 
  a) Their results were shared and discussed with them transparently PRIOR to their purchase. 
  i.We can only assume since the client was not forced to make an additional purchase and they did authorize the additional purchase that they were satisfied with the results at the time of presentation. 
  ii.It is our experience that when a customer receives unsatisfactory results or does not like the promotion we are offering, they do not make additional purchases.
  iii.It appears it was only after spousal disapproval that the client voiced concern of their results.
  b)While privacy laws prohibit us from discussing the details of their results on this public platform, utilizing theirr testimony (that our records indicate to be only a partial representation of their loses): if the client experienced inflammation in one area but a reduction in another that was also treated, no additional assessment would be required as a reduction in any treated area indicates a positive response to the treatment. 
  c)Reassessment is usually completed if inflammation is the only response. Even with that said, the rest of that policy states that if after reassessment they do not receive a measurable change we would begin our "Nothing to lose but inches" protocol which involves a series of steps and requires client cooperation and participation. 
  i.The client requested a refund the next day and rejected the representatives offer to continue treatment or schedule any future appointments. 
  ii.Without their cooperation we are unable to pursue promises made within our guarantee.
  d)To reiterate, the client has not completed any treatments out of their direct purchase with us and they made this direct purchase after receiving their results in person. We feel it is important to note that the only purchase at this stage of their treatment that, were this an actual issue, they would be able to apply this to is their Groupon purchase. 
  i. We stand behind our service. If this were an issue that arose after receiving their internally purchased treatments, we would invoke our Nothing to Lose But Inches protocol to ensure our guarantees and promises are upheld.
  e)We promote a paperless environment and do not print results.
  i. We display and discuss them with clients either directly after their treatment or during subsequent visits as we monitor their progress. 
  ii.We also do not transmit this information via email to our clients for legal reasons. The scans we possess of their ody contain legally protected PHI,  to avoid the possible unauthorized release of this information, we elect to opt out of electronic disclosure of results and scans. It has nothing to do with concealment of efficacy.
  iii.We have very transparent and up front protocols, that it is clear this client does not agree with, however; their dislike of our protocols does not make them deceptive in any way. They just simply do not suit this clients purpose of requesting a refund for a non refundable purchase. 
  
  f)If the client would like to review their results again please instruct them to follow up with *****, as she has already reached out with their options to do so and has yet to receive a response from the client.
  
  
  6.The clients initial documentation request was "proof of purchase". Proof of purchase means a receipt of what was purchased. On the receipt it summarizes our refund policy accurately and succinctly Services, outside of our Nothing to Lose But Inches Guarantee, are otherwise non refundable. This is a standard practice in the cosmetic services industry, which most providers do not offer ANY TYPE of guarantee of services. So we consider ourselves to be more accommodating than most providers in the field.
  a)The waiver and terms and conditions are not proof of purchase as they do not outline, what was purchased or how much was spent. 
  b)It is an internal legal document that provides us the ability to provide cosmetic treatments and an acknowledgement of our terms and conditions.
  c)Not releasing those documents during a timeframe the client finds suitable or at all does not void their validity or entitle them to a refund. In those terms and conditions it states that any and all documentation, images, recordings and etc are the sole property of *** and we reserve the right to share them at our discretion. 
  d)As mentioned before, although not required to do so, we fulfilled the documentation request. The request was fulfilled prior to us receiving any notification of the BBB complaint. 
  
  
  7.The client mentioned their card issuer declined their chargeback request. 
  a)In a sense, the clients chargeback request was dishonest or misleading, at best.
  i.The card issuer indicated the client claimed the service did not work as described. That is untrue according to the clients own testimony, they experienced a measurable change.
  ii. Just to reiterate, the client has not utilized 1 treatment from their disputed purchase. So until they redeem a treatment from their purchase there is no real way for them to honestly make that claim to their card issuer.
  b)It is our experience as merchants that card issuers tend to side with their customers unless there is clear and legal grounds not to. 
  c)The clients card issuer was provided the same documents we provided to the client which outline our policies. They found no breach of agreement or grounds for a refund.
  d) Our internal investigation came to the same conclusion, we have treated this client fairly and according to our stated, written, and published policies nothing the client mentioned in their response provides us an avenue to circumvent our protocols.
  
  
  As mentioned earlier in this response, legally we cannot issue a refund for a reason that is not outlined in our refund policy that could potentially discriminate against many of our clients. Although we are a small business, commercial laws and fair treatment of people and their protected classes still apply to us. At this point we consider our decision regarding this clients request final and are closing the case. To prevent further discontentment or a sense of wasted money, we strongly encourage this client to contact the office manager to begin their purchased treatments as this is their only avenue to pursue a refund. In order to receive a refund, according to our policies, it needs to be established the treatment does not result in a measurable change. If this occurs the client will be afforded the same guarantee that all of our clients enjoy and *** begin the refund process pursuant of our stated, written, and published policies. If the client just simply does not want to visit our establishment due to dissatisfaction, it is within our power to convert their purchase to gift cards or in store credit that they *** gift to whomever they choose. Whichever option the client chooses to exercise, please direct them to contact ***** the office manager at ************ or via email correspondence to proceed forward.
  

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩