Consumer complaint received 2024-03-18
Product: Payday loan, title loan, personal loan, or advance loan — Installment loan
Issue: Problem with additional add-on products or services — 
Company: Healthcare Finance Direct LLC. (NC)

This complaint centers around the behavior of Healthcare Finance Direct ( HFD ), the payment processor for XXXX XXXX XXXX ( XXXX  ). 

On XX/XX/XXXX, I placed an order with XXXX XXXXXXXX XXXX ( hereafter referred to as XXXX ). I ordered a physical product consisting of a set of XXXX XXXX and services consisting of XXXX  XXXX  visits which XXXX called " Check Ins '', a 30-day 100 % money-back guarantee, a promise of ongoing XXXX support including re-making and/or revisions to my XXXX  should my XXXX  not fit, break, or otherwise not function correctly, and the promise of XXXX XXXX XXXX XXXX  " Lifetime Guarantee '' which promised a free yearly " touch-up '' aligner treatment, if needed, for life. 
I ordered the XXXX XXXX XXXXXXXX XXXX XXXX XXXX, sent them back, and was approved for treatment. The treatment duration was six months ( XXXX sets of XXXX  worn XXXX or XXXX per set ) and cost {$1800.00} ( normally {$2000.00} but reduced due to a promotional code ). My XXXX  arrived XXXX XX/XX/XXXX with my first virtual Check-In scheduled for XX/XX/XXXX. As part of their platform, XXXX provided an app for tracking aligner progress -- how long to wear, when to change, etc -- as well as contacting both XXXX  for customer support and a dental team for questions or concerns during the tooth alignment process. 
When I ordered my XXXX, I paid XXXX a {$250.00} down payment and XXXX offered an option of paying the balance in full or using the XXXX XXXX XXXXXXXX '' payment plan, paying {$88.00} per month for 28 months to XXXX 's financing partner Healthcare Finance Direct ( hereafter abbreviated HFD ). I was sent a " Retail Installment Contract '' via email which stated it was only valid should I elect to use the XXXX option. I did not sign or initial this contract at any time. The blanks for my signature and initals were already filled in with machine-generated text. The full contract is attached. However it explicitly states that the contract is for " ... services provided by XXXX ... '' and further states that " ... HFD is not a lender but rather the payment processing service provider ... '' In early XX/XX/XXXX, XXXX declared shutdown its operations and via a FAQ at  XXXXXXX XXXX notified customers that its telehealth platform was no longer available for Check-Ins, customer care support was no longer available, and the Lifetime Guarantee would no longer be offered. 
On XX/XX/XXXX, XXXX entry of note on the FAQ stated this : " I'm on the XXXX XXXX. Do I need to keep paying for my XXXX? XXXX customers are expected to continue to make all monthly payments until payment has been made in full per the terms of our XXXX program. For more questions, please contact HFD at XXXX XXXX XXXXXXXX. '' This expectation of payment despite the cessation of promised services was widely reported on news and media outlets and was rapidly changed. On XX/XX/XXXX, the FAQ was changed to this : " I'm on the XXXX XXXX. do I need to continue to keep paying for my XXXX? HFD is the service provider for your XXXX payment plan. For questions regarding your financial obligations please contact HFD at XXXX or XXXX or visit their website at XXXX 
Because I was early in my treatment, I tried calling XXXX XX/XX/XXXX at their published number ( XXXX ) but received only a recording notifying that the company was closed and directing to the FAQ on their website. On the same date, I sent XXXX an email at their customer support address asking to return my XXXX  in exchange for a refund of payments already made and cancellation of future payments. I never received a reply to these attempts at cancellation. 
I also tried contacting HFD XXXX XX/XX/XXXX requesting the same cancellation. However they informed me that they could not process refund requests for customers who had received their XXXX. They alleged that all customers should continue paying to avoid being sent to collections and/or a negative credit report being recorded.

I explained to HFD that I was declining to pay for services not received and that XXXX was in breach of contract for not providing the promised services ( namely not providing aligner support, dental check-ins, or the lifetime guarantee ). They agreed to put my account on " hold '' until the bankruptcy process was over, something they failed to do as they have sent repeated demands for payment via email, text, and US mail. 
When I had progressed to set XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, my XXXX  no XXXX XXXX XXXX XXXX properly. I tried contacting XXXX at XXXX in vain. At this time I have no way to obtain properly fittings XXXX  from XXXX. If I wish to proceed with XXXX XXXX treatment, I must use another XXXX  service, and am currently exploring options. 
On XX/XX/XXXX, XXXX notified me via email of its cessation of operations and that my treating doctor ( originally XXXX XXXX XXXX was not able to provide treatment after XX/XX/XXXX. XXXX provided an email address ( XXXX ) good for 30 days, for questions regarding " emergency dental treatment, '' for requesting a copy of patient records, and a referral to XXXX XXXX XXXX for locating another dental professional for treatment ( at my cost ). 
On XX/XX/XXXX, I sent an email to XXXX asking for the doctor 's or practice 's name, that my XXXX  did not fit and asking how to arrange XXXX XXXX  if that doctor was able to provide on-going treatment after the 30-day window arranged by XXXX, where the office was physically located, and requested a copy of my patient records. 
I never receive any reply from XXXX nor any additional contact from XXXX directly. 
On XX/XX/XXXX, the XXXX website was again updated. The FAQ entry regarding payments on that date read " I'm on the XXXX XXXX. Do I need to keep paying for my XXXX? If you haven't received your full treatment then you do not need to continue with your monthly payments. HFD is the service provider for your XXXX payment plan. For questions regarding your financial obligations please contact HFD at XXXX, XXXX or visit their website at XXXX  '' Around XX/XX/XXXX, I notified HFD that per the FAQ posted on XXXX 's website, that XXXX had forgiven the debts for customers who had yet to complete treatment. I notified them that I fell into this category since my treatment was not due to finish until XX/XX/XXXX. I notified them that they should note this forgiveness on my account and must cease all further demands for payment. HFD stated that they were ignorant of this change to XXXX 's posted FAQ. HFD continued to demand that must pay for services I was not receiving. 
On XX/XX/XXXX, the FAQ posted on XXXX 's website was changed back to the former wording. 
The resolution I seek is for a refund of all past monies paid to XXXX and further that all debts I might owe to XXXX directly or via its service provider HFD be cancelled due to these facts : - XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
- XXXX  has failed to uphold its end of the contract because it is unable or unwilling to provide revised XXXX  which will fit. 
- XXXX  has failed to uphold its end of the contract because it has ceased operations of its teledentristry platform, preventing dentist check-ins. 
- XXXX  has failed to uphold its end of the contract because it has ceased customer service operations and connot be reached. 
- XXXX  has failed to uphold its end of the contract because it has ceased honoring its " Lifetime Guarantee '' which would have provided additional yearly XXXX, if needed. 
- XXXX  has failed to respond to my request to send the product back and cancellation of debt. 
I further seek that neither XXXX nor HFD file any negative report with any credit reporting agency regarding any failure to pay, since XXXX breached their contractual duties.