Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. 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.

• Initial Complaint

  Date:11/02/2023

  Type:Order 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.

  True Freedom ("TF") obtains contracts from clients under which clients promise to pay monthly, quarterly, or annual fees for home care plans for seniors. I and my wife *****, signed separate contracts for this service on September 4, 2020 (copy attached Rays Contract). With **** Contract an initial first year full payment of $4,845 was made for the Platinum (highest level) level of ****** hours of lifetime care. Our next quarterly payments were due March 4, 2023 with a grace ****** until early April, 2023. It was a quarterly payment for $997.50 for ***** and $1,282.50 for *****. ***** and ***** never received an invoice and this quarter, hence we did not make payment on time. TF cancelled shortly thereafter.TF should refund to the *********** the difference in the fees paid to them and the cost of any care provided to them pursuant to the contract.TF markets itself as a company that provides home care for seniors with messages such as "senior home care is true freedom and be prepared for your future, plan ahead. In total, e we have paid invoices of total of $25,000 to ASSI/True Freedom .TFr wrongly cancelled us at a time when we needed their services the most. TF has deduced that ******* and ***** would be needing more care as they age thus and took advantage of a technical provision in the contract to, basically, work a forfeiture.If TF is going to do business this way, they should refund the amounts paid, net of the benefits provided. This is about $25,650 of contract payments less $4,500 of benefits provided for a refund claimed of $21,150.If TF can collect substantial sums from clients before they need benefits, and then terminate the contract for highly technical reasons shortly after the clients need benefits, they will make a great profit off senior individuals in need of home care who cannot qualify for long term care insurance. This business model is predatory, unethical, and immoral and should be stopped.

  

  Business Response

  Date: 11/03/2023

  We know ************************** dis*** regarding the cancellation of their H3**336303**435323236H Platinum memberships because we received a formal letter and complaint that ************************** attorney, *************************, filed with the Office of the Attorney General **************** on October 6, 2023. We responded to the Attorney General **************** on October 16, 2023, with Fifteen (**) documents supporting the libel accusations and misleading facts made against our company that are false and malicious. We received confirmation from the Office of the Attorney General of ******* that they received our response with documents and have closed the case. If there were any found misrepresentations or unethical business practices, the Attorney General **************** would not have closed the case.
  
  Below are lists of chronological events from the beginning of Mr. and *************************** purchase of the two Platinum plans on September 4, 2020, with supporting documents organized by numbers.
  
  Mr. and *********************** purchased two Platinum membership plans on September 4, 2020, paying annually with check number ******, totaling $9,690.00 for both memberships. We received their enrollment application via fax on September 8, so the copy is not quality. On the enrollment application, they indicated they wish to renew their memberships by invoice. (See document #1)

  We mailed out their invoices on August **, 2021, due September 4, 2021. (See document #2)

  We received both invoices marked Annual on August 30, 2021, with check #**** for $8,550.00 to renew both memberships, and they are paid up to September 4, 2022. (See document #3)
  

  ********************************** activated benefits and received care starting November **, 2021.
  

  We mailed out their invoice on August **, 2022, due September 4, 2022. (See document #4)
  

  We received both invoices marked Quarterly on September **, 2022 (8 days late), with check #**** for $2,280.00 to renew both memberships. Both memberships are paid up till December 4, 2022. (See document #5)
  

  We mailed out their invoice on November **, 2022, due December 4, 2022. (See document #6)
  

  We received both invoices marked Quarterly on November 29, 2022, with check #**** for $2,280.00, and their membership is paid up to March 4, 2023. (See document #7)
  

  We mailed their invoice on February **, 2023, due March 4, 2023. Unfortunately, we did not receive a payment. (See document #8)
  

  We again mailed their late invoice on March **, 2023; unfortunately, we did not receive a payment. At this point, their memberships are ten days past due. (See document #9)
  

  The Terms and Conditions on their contract clearly state, "If a membership invoice isn't paid within 30 days of its due date, membership will be canceled." We terminated their membership contract after 30 days past due for nonpayment. (See document #**)
  

  ********************************* called our office on May 2, 2023, asking to pay their membership contract fees. At that time, we informed ********************** that their memberships were past the 30-day grace ******* and we could not accept payment.
  

  We spoke with Mr. and *************************** attorney, *************************, on May **, 2023, and ****************** informed us that he is representing the VanSickles and will be emailing a request to reinstate the contracts.
  

  We received ********************** email requesting to reinstate *********** contracts. (See document #**)
  

  We received another email from ****************** claiming that his clients did not receive an invoice. (See document #**)
  

  The ********************* reviewed the case and determined that the history of the received invoices and payments sent proves their claim of not receiving invoices cannot be substantiated. In addition, contractually, their membership contracts are null and void due to nonpayment within the 30-day grace ******************** sent a formal denial letter to Mr. and *********************** on May 18, 2023. (See document #**)
  
  Below is a list of discrepancies ****************** stated in the formal complaint filed with the ******* Attorney General.
  Section 3-E - Mr. and *********************** paid with checks and not cash.
  

  Section 5; Paragraph 4; last sentence ****************** is incorrect regarding the contract benefits. Our members, including Mr. and ***********************, have a 90-day waiting ****** from the effective of the contract to have access to benefits, not the two years that ****************** listed. Secondly, *********************** started care in the ** months, well under two years.
  

  Section 5; Paragraph 7 ****************** stated that ********************** called our office in March, which is false. ********************** called our office on May 2, 2023, almost 60 days past due.
  

  Section 5; Paragraph 8
  As ****************** indicated, Mr. and *********************** missed a payment, thus causing their membership contract to be terminated.
  The claim of not receiving the invoices is questionable. According to history, Mr. and *********************** successfully received three separate invoices (see documents #3, 5, and 7) from us and made payments.
  ********************** negative remark regarding profit was unnecessary and unprofessional.
  

  Section 5; Paragraph ** ********************** false accusation that we terminated Mr. and *************************** contracts shortly after they needed care is libel. It has been eight months since her last service date, and we terminated their contract due to nonpayment. We have no way of knowing what Mr. and *************************** future home care needs were, and it has nothing to do with our decision not to reinstate their contracts.
  

  Section 5; Paragraph **
  Our company name is H32353237393**3353234H, aka ASSI, and dba H3**336303**435323236H, not H3**336303**435323236H ******************** Plans.
  We are in compliance with the ******* Secretary of State with our annual reporting. Our Register Agent is **************************** ********************************************************************************************************. (See document #**)
  We are in compliance with the ******* Secretary of State, and our Register Agent is ***************************, ***********************************************************. (See document #**)
  
  In closing, based upon the list of events with the documentation as requested and provided, it should be clear that H32353237393**3353234H dba H3**336303**435323236H fulfilled our contractual obligations to Mr. and *********************** during the Compliance review and denied their request to reinstate their contracts. Mr. and *********************** and their attorney, ******************, claim they paid their bills on time, which led us to conclude that the lapse was intentional due to undisclosed personal events that *** have fallen through.They realized they needed to continue the contracts. Unfortunately, by this time, their contracts had lapsed almost two months, well past the 30-day grace ****** allowed contractually. We have done our due diligence and respectfully decline their request for a refund of membership fees. ** addition, ********************* formal written complaint with the ******* ************************* is full of false and defamatory statements.
  
  What are our rights as a company that has done no wrong and has honored our contractual obligations to the consumers? Our clean history with H333735363534353**639H evidences this. We are now being portrayed as an unethical company in the public eye, which could harm our ability to serve more H323730353**2303****1Hs.

  Respectfully submitted,

  H32353237393**3353234H dba H3**336303**435323236H

  Customer Answer

  Date: 11/09/2023

   
  Complaint: 20815837
  
  I am rejecting this response because:

  In addition to my contention that the bills were never sent, my agent, ***************************, ************, was not notified in any way that there was a payment issue.  **************** has said this is "not normal."

  My contention is that ASSI/True Freedom is operating a predatory and deceptive business, taking advantage of people in desperate need of home health care.  They should be refund their profit on the transaction with me of $21,000 (out of $25,000 paid).   There is no good reason True Freedom would not reinstate us other than they knew significant benefits would be needed in the future, and they did not want to pay them but wanted to keep the money they collected.

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

  

  Business Response

  Date: 11/13/2023

  The sole reason for terminating their contracts is a lack of payment within the 30-day grace ******* When we terminated their contracts, we did not know ************************* usage needs, as claimed by **********************. It had been eight months since the last date of service provided on August 3rd,2022, as requested for ***********************. That is 244 days past the last day of care when we terminated their contracts on April 3rd, 2023. In addition, we did not hear from ********************** until May 2nd, 2023, which was 273 days later! So, ************************ statement of us terminating their membership because we knew of the significant benefits they needed is false and liable.
  
  If Mr. and *********************** had paid the two invoices we sent on February 14th, 2023, and the two late notice invoices sent on March 14th, 2023, within the 30-day grace ******* their memberships would be active and have access to their benefits. We offered monthly automatic billing, but they opted for invoicing. In their payment history, we successfully sent six invoices and received them back with payments without issues. Hence, ************************ claim that we never mailed out their invoices is a fraudulent statement.
  
  ********************** is attempting to defame our company and ignore their contractual obligations. The request for a refund is unreasonable. Any business must enforce its company policy and contractual obligations to serve its customers fairly, which is what we are doing. We feel ********************** is out of line in misusing the Better Business Bureau, the State *********************** of *******, and his attorney to obtain an unjust refund. We are steadfast in our stance because we hold our principles dearly and have fulfilled our contractual obligations to Mr. and ************************ 

  Respectfully, 

  American Senior Services, Inc. dba True Freedom