Complaints

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• Initial Complaint

  Date:02/13/2025

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  On 6/25/2024, I was cohered under false pretenses to sign up for a treatment program and orthotics costing just under $4,400. I asked repeatedly if I could cancel and was told there was no obligation. On 7/1/2024 I received my 2nd treatment and the office was very full of people. The clinic is open office, no privacy, and multiple patients being treated simultaneously. ***** information was being shared publicly. Tables and equipment were not sanitized between patients nor were gloves being worn by *** Weeks. Because of the open office environment, my girlfriend was exposed to another patient's genitalia as he laid on the table for adjustment with gapped open shorts and no underwear while she was in the waiting room. On 7/2/2024, I informed the clinic I wanted to cancel but was told I signed a contract for which they refused to provide a copy. I reiterated that I was told by the office manager on several occasions that I could cancel whenever I wanted. I received only 3 treatments and returned the unused orthotics and equipment on 7/12/2024. We contacted the clinic repeatedly via phone, text and mail, but they have completely avoided all of our attempts and continue to refuse to contact us back. I did not receive the services or equipment and want a full refund due to this clinic's lack of privacy, sanitary concerns, HIPAA violations, and business practices.

  Business Response

  Date: 02/26/2025

  We are saddened to hear about ****s dissatisfaction with his care.  When he was in office, he always seemed happy and grateful for his treatments.  He continued to take additional equipment as he was trained how to use it.  There was no protest to taking equipment or indication he was not continuing care when he took home the Wall Traction unit on July 2nd or the custom orthotics on July 8th.  He did not ask to cancel future appointments at any time in office, including at those appointments.
  
  As **** was our patient who had signed agreements for care, we need to discuss anything regarding his account with him.  However, we were unable to talk in person or on the phone with ****.  ******** tried to call **** directly, but **** did not answer and did not return his call.  We attempted to meet with **** and discuss his concerns, but he did not reschedule.  It was ****s girlfriend, ******* who called to cancel appointments and stop care.  It was ****** who came to the office unscheduled and then became confrontational with staff and refused to speak with Dr. ************** that point, we had still not discussed anything with ****, and it appeared ****** was not interested in a civil discussion.  To date, we still have not received a call from ****.
  
  Unfortunately, we are unable to accept equipment or custom orthotics back.  We did explain this on the phone call with ****** on July 9th, and again in the text communications on July 11th.  We are unable to return equipment to manufacturers for refund.  It cannot be reused as it is a health and safety issue. We are also unable to return custom orthotics without the patient completing the 45-day break in period, which was not done.  This Footlevelers Orthotics policy is shown on the screenshot provided via text by ****.  However, **** is able to use any of his equipment without continuing care.  We trained him on how to use it and encourage this as a lifelong habit.  Having equipment that can help him even without appointments would be a great benefit. 
  
  We are sorry to hear that **** did not like our adjusting area.  We have found the open adjusting area promotes a sense of family and community amongst our patients as they support each other in their healing journeys.  We are honest about our set up.  In the new patient paperwork **** completed prior to his first appointment, he signed the release informing patients of our open adjusting area.  While it is not private, a patient can always request to discuss anything personal or private in our private exam room.  He also saw this set up on the tour at his first appointment and was adjusted in this area prior to signing up for care. 
  
  There was also mention of an accidental inappropriate exposure by another patient who was lying on a chiropractic table.  We were not aware of this situation until this complaint, so we were unable to address it with the alleged offending patient.  We did have other patients in the adjusting area and doing exercises.  The adjusting area is also in clear view of the front desk.  There were no other reports of this incident.  As it was not noticed by other patients, Dr ****** or administrative staff, it was likely a momentary wardrobe malfunction.  We regret that ****** suffered an alleged triggering event at our office.  However, we do not feel that anything was intentional or within our scope of control.
  
  As far as the refund is concerned, we do not feel a full refund is appropriate as **** did receive treatments and equipment from us.  This was confirmed as **** filed a dispute with Care ********************** the financing company **** used for his care.  They have a process for disputes involving collecting thorough documentation to make a determination as an independent third party. **** submitted a dispute in July 2024, asking for full refund, and Care Credit decided in our favor, determining no further action is required at this time.  However, as there is a credit balance of $2228 remaining on ****s account after the treatments and equipment received, we have processed the refund in the amount of $2228 through Care Credit.

  Customer Answer

  Date: 03/06/2025

   
  Complaint: 22939296
  
  I am rejecting this response because: The refund amount of $2,228 is only a fraction of the total amount. A full refund of $4,392 is requested due to the lack of response to all other attempts of reconciliation, false promises, and poor business practices.

  1. All conversations relating to charges, cancelations, refunds, etc. were made with *** ****** assistant, ******. Decisions made were based on her representation and answers to questions. Communications with her were in person or over the phone. We expected her to honor her word. It was on July 8 that ****** informed **** in person that the wrong orthotic was received and if he didn't like them, he could return them. We acknowledge that on July 9 ****** had a conversation with ****** and that *** ***** left a message asking for an in-person meeting. But as stated in the original letter to *** Weeks, I was not available in person or by phone as I was deployed for work in the mountains. 

  2. ****** did have numerous conversations with ****** on my behalf after I was deployed and unavailable to do so myself. Because ****** had told me I could return the equipment and cancel my Care Program, ****** returned the devices on July 12. Contrary to the response from *** ****** ****** returned the equipment directly to ****** desk. ****** wanted her to talk with *** ***** and ****** said no as she felt uncomfortable in the office after the indecent exposure incident. No appointment was made nor conversation was to be had; she simply returned the equipment, snapped a picture as proof they were returned, and left the building. 

  3. The accounting ledger provided does not reflect an accurate accounting of the Care Program. The Care Program included 28 visits and six devices.

  a. Line items dated 6/20/2024 through 6/25/2024 were part of *** Weeks' New Patient Voucher which included X-rays, Consultation, Initial Exam and Adjustment for $49 which were split into two appointments (6/20/2024 X-rays and Consultation; 6/25/2024 Initial Exam and Adjustment.) None of those charges should have been reflected as part of the Care Program.

  b. Devices:  Of the six devices included in the Care Program, three were not received (ice pack and sleep aid; we were told they were out of stock and Denneroll/Dakota Traction), one was received but had a hole in it and therefore not useable (wobble disc), and two were returned unopened/unused (wall traction and two pair orthotics one of which was the wrong style ordered.) Based on the Accounting Ledger and researching the cost of a Denneroll or Dakota Traction, these total $855.

  c. Visits: After subtracting the Care Program devices, the average cost per visit would be $126.32.  $4,392 (care program) - $855 (devices) = $3,537 / 28 visits = $126.32 per visit. The math provided on the Accounting Ledger is showing the visit cost ranging from $198 - $322. Colorado reasonable and customary CPT coding guidelines are as follows: ***** $32.32; ***** $43.07; ***** $15.90 totaling $91.29 for average chiropractic treatments including manipulation, traction, and therapeutic exercises.

  4. Upon discovering in December 2024 that the appeal to Care Credit made in July 2024 was not thoroughly investigated, we made a secondary appeal. *** Weeks and his staff did not act or respond timely which damaged my credit and I refuse to pay for services and equipment that were not received.

  Sincerely,
  
  **** ******

  Business Response

  Date: 04/04/2025

  This matter has already been resolved through Care **********************  **** submitted a dispute through Care ********************* in February 2025 requesting a refund of $2,228 which was granted.  That refund has been processed to his account.  Care ********************* deemed the dispute settled.
  
  We are confused why **** would ask for a refund of $2,228 through Care Credit in February, only to say in this complaint that the amount he previously requested is not adequate.  We did provide the refund of $2,228, as requested by ****.  Care Credit agreed that the refund of $2,228 was appropriate and no further action needed to settle the dispute. 
  
  **** already attempted a full refund through Care Credit.  When he submitted a dispute in July 2024, he requested a full refund, which was denied.  Care Credit Synchrony Banks dispute department, professionals trained to review medical accounts and debts, already ruled that there was no merit to a full refund. They reviewed Marks ledger, signed care plan agreement, signed agreement with Care Credit, history of all text messages between our office and ***** as well as both their summary and ours regarding the case. 
  
  We still are saddened that **** would not talk to us directly about his care.  We feel that if we had had the opportunity to talk with ****, we could have settled this much earlier and more amicably.  We do not terminate care nor discuss account details with anyone other than the patient and account holder.   The texts between ****** and **** show that ****** was determined to be the sole contact, despite not being the patient, the account holder, nor legal family of the patient.
  
  The arguments in this latest complaint have not been made in either of his two disputes with Care Credit, nor in his initial complaint with the BBB.  It seems to be new material.
  
  The accounting ledger is an accurate reporting of the services and devices received on the day received, not just the care plan.  On the care plan signed by ****, we have language stating Should I discontinue treatment before completing my recommended action plan, there are No Cash Refunds.  But I am entitled to a future credit,expiring within 6 months for unused care, based on the initial payment minus retail fees charged for each visit.  Our ledger lists the retail costs for all services and devices received. 
  
  It is a ledger for Marks account, listing every service or device received while in our care.  It does have the full retail charges from his initial promotional visits, which are removed from the balance by the discount on 6/25/24.  (Please note, the icepack and sleepaid, known as the Ice Protocol, received on 6/25/24 were part of his care plan, and thus not discounted off)  **** did not receive all of the devices included in the care plan as he had not reached that point in his care.  These devices were included in the refund of $2,228.  This is the first mention of a problem with the wobble disc.  We do not know why ****** did not try to return the wobble disc when she attempted to return other devices if there was a problem, nor did they mention it in either dispute or initial complaint.
  
  As we have stated on the signed care plan, we charge retail fees for any services received. We do not average costs.  **** lists other pricing, which is not ours. Certainly, there are other chiropractors that do not do the personalized adjustments based on x-rays and evaluation that we do, and thus have lower fees.  He was welcome to shop around for other chiropractors to compare pricing and experiences before signing up for care with us. 
  
  We agree that **** should not pay for services and equipment that he did not receive.  That is why we refunded the outstanding balance remaining on his account after the retail fees for services and equipment that he did receive.  We gave the refund **** himself requested.  Care Credit has already resolved this issue.  

  Customer Answer

  Date: 04/23/2025

  I still reject the response from Cracked Open. 

  
  

  They continue to mention the contract but what they neglect to acknowledge is the in-person representation that ****** provided which was they would work with me since I could not physically attend the appointments due to my deployment of work to the mountains. The other items were secondary to the primary reason which is why some of it was not shared initially. ****** assured me on several occasions that I could cancel the contract and only pay for services received. 

  
  

  It is also mentioned that I refused to discuss this problem with them, but that is not the case at all. I did on several occasions reach-out but it was ****** who refused to communicate or respond to text messages or supply requested information, like the contract, and insisted I make an in-person meeting with *** Weeks to discuss. Which again, I could not do as I was physically not available during their operating hours. 

  
  

  This is the exact reason I sent them letters for which they never responded and the lack of communication on their part is why I filed a report with the BBB.

  
  

  As listed on their ledger as well as the care plan, the total consolidated amounts are below:

  
  

  28 Visits ( $89.21 each)	$2,498
  Orthotics	$600
  6 Devices	$855
  Care Credit Charges	$439
  Total	$4,392

  
  

  The fees for orthotics and devices are not applicable as they were either returned or not received. Nor should I have been charged $439 as a Care Credit Charge since this is a free service offered by Care Credit/Synchrony. It seems unethical for *** Weeks to collect an additional fee for applying for credit with a separate organization that offers free financing and origination fees. 

  
  

  The credit already provided was $2,228 which was only a partial refund. 

  
  

  I am still requesting the remaining credit of $2,164 to eliminate the entire Care Credit/Sychrony balance. Of the $4,392 total charges, I received 4 visits totaling $356.84. I am willing to pay *** Weeks directly for these incurred fees.

  
  

  **** ******