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:11/15/2024

  Type:Order Issues
  Status:

  UnansweredMore 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.

  I entered into a business agreement with this Saorsa dba SWIFT dba EMBLATION in June 2023 for a medical device lease for $24,000 with $99/month payments. The agreement, documented through email correspondence constituting an electronic contract, included terms stating that after 12 months, we could return the device and Swift would settle the remaining balance with ****************The issues began when I tried to return the device. Despite multiple attempts to maintain professional communication, the company became increasingly unresponsive. My calls went unanswered, emails were ignored, and on one occasion, their CEO abruptly terminated a phone conversation.Of great concern was their handling of the device return. While they eventually reluctantly accepted the return in July 2023, they initially proposed paying only two-thirds of the outstanding loan balance and suggested that we commit tax fraud by claiming a deduction for equipment we no longer possessed. Even after I explained that this would be illegal, they continued to promote this unlawful solution.Although they ultimately agreed to pay the full amount, five months have passed since they accepted the returned device, and they have failed to fulfill their financial obligation. They are now attempting to invalidate our legally binding email agreement (which is valid under the Uniform Electronic Transaction Act) by demanding a "signed contract."This company's actions demonstrate: Promotion of illegal tax practices Unprofessional communication Failure to honor financial obligations Breach of contract I have documented all communications. My purpose in filing this complaint is to alert other healthcare providers about Saorsa dba SWIFT dba EMBLATION business practices and prevent others from experiencing similar issues. I am ready to take appropriate steps to resolve this matter and would like the company to fulfill their contractual obligations as agreed.

  Customer Answer

  Date: 11/25/2024

  
  Hi, When I made a copy of my complaint I noticed a whole section was missing. From the word PHONE the complaint should read " conversation. Of great concern was their handling of the device return. While they eventually reluctantly accepted the return in July 2023, they initially proposed paying only two-thirds of the outstanding loan balance and suggested " and the next words would be THAT WE COMMIT and so on. It is important if you reach out to Saorsa dba Swift dba Emblation to have the eintire complaint so they can respond appropriately. I appreciate any help you can provide with this company dispute.
  
  Sent from ****** ********* (******************************)
  

  
  

  Customer Answer

  Date: 12/02/2024

  Thank you for the update. I suspect if he replies, Mr. ******** (Saorsa dba Swift dba Emblation) may state that there is not a signed contract. They are likely unaware that a contract may remain valid despite an email disclaimer stating "nor does this message form part of any contract unless so stated" when parties demonstrate clear intent through their actions and communications. In our situation, Mr. ********** email included this disclaimer, but also specifically stated "Next steps, if agreeable, sign the DocuSign..." 
   
  Mr. McNamaras explicit instruction regarding the DocuSign process constitutes the "unless so stated" exception mentioned in the disclaimer, particularly when combined with the subsequent actions of both parties (equipment delivery, support services, account management, payments made and received etc.).  Despite the standard non-binding disclaimer in his email footer, his June 23, 2023 email explicitly instructed us to 'complete the DocuSign lease agreement' in order to proceed with the agreement. Mr. ******** made us an offer and indicated how we could accept the contractual agreement, with Saorsa/Swift/Emblation's follow up action to be "our on boarding team will reach out with next steps." 
  
  Subsequently, Saorsa/Swift/Emblation's actions also clearly demonstrated the existence of a binding agreement through: 
  1. Assignment of an account manager 
  2. Completion of onboarding processes 
  3. Delivery of the equipment 
  4. Provision of ongoing support materials throughout the 12-month period 
  5. Agreement to accept the device's return at a specified price 
  
   
  
  Mr. ******** verbally conveyed the same 12-month buyback guarantee, with all terms, to both Dr. ********* and his office manager prior to documenting it in writing via email. 
  
  Sincerely,
  
  ****** *********, DPM