Does this company owe me a refund for unused service? Should I sue company?

Question

I went to Ideal Image in St. Louis, Mo to get laser hair removal. I had initial consultation and I paid a total of $3,470 for their two area package. That day I saw a nurse and started the procedure on only one of the areas (smaller area of the two). I did not go back for any other treatments, have moved away due to military orders, and there are no facilities in driving distance. It is said that it takes 6-9 treatments for the removal to be permanent.
I asked the coordinator for a refund, even if they prorated for that initial treatment. She said no because the contract says, "If the medical director or his/her appropriate licensed designee determines that you are not an appropriate candidate to receive services and treatment has NOT begun, you will receive a FULL refund. If treatment has begun, you will receive a refund in the amount total treatment fee divided by 5 then multiplied by the number of outstanding treatments, less a $100 administration fee." Therefore, since a nurse found me to be a candidate and I began treatment, I am not qualified for a refund.
I see a few problems with that. It is not in the nurse's scope of practice to diagnose patients and deem them fit for a procedure. There a refund clause for after procedures begin because why would they start the procedure if you were not a candidate- coordinator's logic does not make sense. She is there to make sure the company receives a profit and probably doesn't want to lose any commission. She said she would get back with me in a week after she talks to corporate about it.
It has been 2 weeks and she has not called me back. If they do not give me a refund, I am thinking about suing the company for total treatment costs and legal fees. It would be more cost effective for them to just give me a refund than to go through litigation. My question is... Considering the circumstances, do I have a case against them? and what kind of attorney do I need to use? I now live in Virginia, can I use a lawyer here or do I have to find representation in Missouri? Thanks.

Answer 1

Sorry, you do not qualify for a refund. End of story.



If you file a lawsuit, you stand a very good chance of being ordered to pay their legal expenses. You do have to sue in Missouri, where the contract was made.

Answer 2

The case needs to be filed in Missouri.



If it's in the contract, you have no case.



It IS within a nurses scope of practice, and he/she is the licensed designee of the medical director



EDIT:



1) perhaps in YOUR state, a nurse cannot deem a patient fit for a procedure, if the MD has set forth a series of tests and questions, and deemed that 'if they patient clears the tests and questions, they are fit', then the nurse can orde the tests, ask the questions and deem them fit. Simple as that.



2) Reason DOES matter, if you could not receive the services because you no longer were physically able to, then your chances of a refund are greater, if you quit going because you didn't want to use the gas to drive there, (and I know this isn't the case with you) then you don't stand a chance.



3) I agree that you have SOME money coming back, how much remains to be seen. Their refund statement makes no sense, they are dividing the entire amount by 5, then multiplying it by 8 (which would be the maximum number of treatments you had if you required 9). Health issues can arise that change your status.



4) Without reading the contract word for word, no one here can say if you violated it or not. They agreed to the necessary number of treatments for a fee, if you won't be there for the treatments, (barring a health issue) that's not their fault.

Answer 3

Would imagine you could get a medical doctor (any) to say that you are not an appropriate candidates to receive their treatment. However it does not sound like that is your case.



You are arguing because you have moved away that you want a refund (you can't use their services anymore).



Unsure why you paid for treatments prior to having the treatments. Was this their policy? If that was their policy you could explain your situation, and ask for a refund on the treatments you have not had (i.e. the second treatment). You would not be entitled to a refund on treatments already rendered.



I would read their contract, product disclaimer, or whatever legal paper they gave you when you signed any contract. That should state your rights, including payment and refund options (you could ask a lawyer specialising in contract/business disputes (or business related lawyers) to have a read of the legal papers to see if you have a case). Typically in Australia if you don't have a case the lawyer won't charge you for the initial consultation, unsure about the USA. You should be able to take the papers to any lawyer to see if you have a case or not.



I would suggest talking to the company again first though. If they say they will get back to you after talking to someone else, ask to be directed to someone else ... someone who can give you an answer. Keep your voice controlled. Explain your situation, and what exactly you are wanting (a refund on services yet rendered). If you have the legal papers, ask them to state clearly why they can't refund you (or similarly state in the papers where it says you are entitled to a refund).

Answer 4

You backed out of the contract. Not the company. You lose.





EDIT: You seem to already have all of the answers, why ask for opinions, you have already made up your mind about what you want.



You'll lose this case, but go ahead and sue.



FYI, as an RN you should probably know the difference between medical clearance for a medical procedure and fitness to undergo an aesthetic procedure. If you had a problem with the nurse providing the clearance why didn't you make an issue of it at the time of service.



You entered into a contract, the company is willing to fulfill their obligations under the contract, you are the one breaching the contract.



It really doesn't matter how you interpret the contract.

Answer 5

It says so, outright, in their contract that you will receive a partial refund for unused services.



"If treatment has begun, you will receive a refund in the amount total treatment fee divided by 5 then multiplied by the number of outstanding treatments, less a $100 administration fee"



Call them back and insist on receiving what you're owed, and inform them that if you don't receive a check within 10 days, you're going to proceed with legal action. As the incident took place in Missouri, you would have to sue them in that state.

Answer 6

First you start making payments toward the amount that you know you're in debt. Make payments on time and as much as you can afford. Call the creditor, if you have not received a summons then the creditors have not filed suit against you. If the creditors have sent you a letter or called on behave of the debt owed; you have time. If the creditor continues to follow suit then the first appearance in court is an arraignment. The Creditor will state to the Judge with affidavit the amount that you owe. Remember this amount will be a combination of the Principle, Interest, and Fees. The Judge will ask you if you owe the debt. If you state yes the Judge will pass judgment against you. Before the Judge passes judgment explain to the Judge that you are trying to workout the means to satisfy the debt, and ask for a three month continuance. The Judge is likely to give you two out of the three months; however the Judge is not likely to extend you more than three months. You should not hide from the creditor. If you answer their calls, return their calls, or better initiate the call, you can probably negotiate terms to keep the creditor from going to court. One possible solution is to apply for a student loan, and consolidate this debt with the student loan. That will give you six month after you graduate before you have to start paying on the student loan.

Answer 7

No



A company doesn't have to refund your money. As the agreement listed the specific instance when they would refund money, which you obviously were suited for as you were able to take at least one session. Short of medical proof that they can not remove your hair, you won't get anything from that clause.



You signed a contract, then chose to not follow through. Why exactly would they be obliged to refund your money because of this?





Oh and to sue a company in Missouri, you'd have to appear in court in Missouri, A business in Missouri can not be sued where it is convenient to you. Otherwise they could file a counter suit in Alaska, just to spite you in return. Their lawyer can easily cause a couple delays costing you much more than it ever will cost them, in travel time alone. They know that you don't have a case. Many corporations have done the math, they know that taking this to court is cheaper in the long run.



"I moved" isn't a valid reason to negate a signed contract.

Answer 8

Ideal Image Cancellation Policy

Answer 9

you paid for a service but YOU were the one who did not collect.