I just wrote a review about my experience with Heather Lounsbury, an acupuncturist who I found via Groupon ($69 for $230 worth of services, I love a deal!).
OMG. WORST. GROUPON EXPERIENCE. EVER.
Cliff notes about what happened:
- I saw Heather for an acupuncture appointment via a Groupon
- Heather performed mediocre services and afterwards, recommended I buy Chinese herbs for my hair
- I asked what the price would be for the herbs and she said she wasn't sure
- I said that I would think about it and would make my final decision dependent upon the cost
- Heather called me back a week or so later informing me that the herbs had come in and I owed her $200 for them
- I explained that $200 was much more than I thought and that now I can make an educated decision based on the price, I was not interested in purchasing the herbs
- Heather became upset and said she'd already ordered the herbs; she offered me the herbs for $100, then $75
- Unfortunately, this was still over my budget and I declined to buy them
- Heather sent me bills attempting to force me to pay for the Chinese herbs which I NEVER agreed to buy, verbally or in writing, ever
- I called her to discuss the bills to explain that you can't force someone to pay for something that they never agreed to buy
- Heather did not respond so I left a message
- Heather never called me back
- Tonight, I received a call from the Rash Curtis collections agency informing me that Heather turned my "delinquent account" over to them and that I need to pay $113 or my credit will be negatively affected
Cliff notes of the cliff notes:
- Heather Lounsbury is attempting to force me to pay for an item that I never agreed to buy and sent a bullying, threatening collection agency to me in an attempt to damage my credit if I don't pay up
If you want to read all the gory details, click here for the full review.
Has anyone ever been in a similar situation? I don't want my credit to be affected (I have EXCELLENT credit that I worked hard for!) and I don't want to be bullied into paying for something that I never agreed to buy.
I talked to people at the credit agency and they recommended I just pay the $113 so it doesn't affect my credit. I am revolted by this based purely on principle - This would be saying that it's okay to force a consumer to pay for something they never agreed to buy and don't want, period. This is NOT okay
I honestly have no idea what to do from here. I wrote reviews on every website I could think of (Yelp, Google, and RateMDs). I e-mailed Heather directly and called her again to leave a message hoping that we can resolve things amicably but based on her non-responsiveness in the past and passive-aggressive nature, I'm not sure if I'll even hear back from her.
Any feedback/advice would be GREATLY appreciated, thank you!
EDIT: Thank you for all the incredibly informative info and advice. The knowledge that forum members have is astounding and you guys are seriously the best!!! Thank you so much for sharing your suggestions and for your support. Here's what I've started and what I will finish first thing tomorrow morning when all the proper offices open:
1. File a formal complaint with AG about Heather L (acupuncturist) who is committing exotrtion and Rash Curtis (collection agency) for unethical business practices: 916-445-9555 & 800-952-5210, x0
2. File a compliant and report Heather to the California Acupuncture Board, 916-445-3021 & 916-515-5200
3. Complain to Groupon, 312-784-2366 (July 15 2011 Groupon for Heather Lounsbury)
4. Write a debt validation letter to the collection agency via registered, certified mail requesting formal proof of debt (Google search "debt validation letters"):
P.O. Box 5790
Vacaville, CA 95696
5. File complaint with state board of equalization.
6. File complaint with Better Business Bureau.
7. Post review about my experience on as many consumer review websites as possible to warn others about what happened.
DECEMBER 19, 2011 UPDATE: Response received from the acupuncturist!
Heather sent me the following, formal, kinda scary and intimidating legal document.
Three questions:
1. Do I sign it and agree to the terms within?
2. Do I refuse to sign it but agree verbally to the terms?
3. Do I refuse to sign it and tell her that I'll take down the reviews if she revokes the claim from the collection agency, but that I won't promise not to write an honest review of my experiences?
4. Any other suggestions/recommendations?
Here is the agreement she sent me (IMO it protects all of her rights and none of mine):
AGREEMENT OF SETTLEMENT AND RELEASE
THIS AGREEMENT OF SETTLEMENT AND RELEASE (Agreement) is made, entered into, and effective as of December 19, 2011, the (Effective Date), between Ivy K (MRSBUGI) on the one side, and Heather L, L.A.c. (LOUNSBURY) on the other.
RECITALS
A. This agreement arises out of a billing dispute relating to LOUNSBURYS
August 9, 2011 acupuncture treatment rendered to MRSBUGI.
B. The parties hereto believe that it is in their best interests for the various claims referenced herein to be settled on the terms and conditions hereinafter set forth.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto hereby agree as follows:
1. Obligations of MRSBUGI
(a) MRSBUGI shall hereby relinquish, release, disclaim, renounce and forever waive any and all rights to (1) any claims that LOUNSBURYS treatment of MRSBUGI or LOUNSBURYS professional relationship with MRSBUGI damaged MRSBUGI in any way, and (2) any real or personal property of LOUNSBURY.
(b) MRSBUGI shall withdraw and remove all negative internet reviews relating to the billing dispute and LOUNSBURYS August 9, 2011 acupuncture treatment rendered to MRSBUGI, including but not limited to the December 12, 2011 review on Yelp and any comments on the Better Business Bureaus forums.
2. Obligations of LOUNSBURY.
(a) LOUNSBURY shall withdraw the $110.00 invoice submitted to The Rash Curtis collection agency and agrees to cease all collection efforts.
(b) LOUNSBURY further agrees to waive any amounts owed for past services or missed appointment fees.
3. Release of Claims by MRSBUGI.
MRSBUGI, for and on behalf of herself, and her past, present and future executors, insurers, guardians, conservators, trustees, heirs, predecessors, beneficiaries, legatees, devisees, successors, assigns, agents, employees, representatives and attorneys, and their respective executors, guardians, conservators, trustees, heirs, predecessors, beneficiaries, legatees, devisees, successors, assigns, agents, attorneys and employees, (collectively the MRSBUGIS Affiliates) do hereby fully and forever remise, release and discharge LOUNSBURY and each and all of her past, present and future executors, guardians, conservators, trustees, heirs, predecessors, successors, beneficiaries, legatees, devisees, agents, insurers, attorneys, partners, corporations in which LOUNSBURY was or is an officer, director or shareholder, any partnership in which LOUNSBURY was a partner, and any officers, directors and shareholders of any of the foregoing, employees, successors, assigns, insurers and their respective executors, guardians, conservators, trustees, heirs, predecessors, successors, assigns, agents, employees, representatives, beneficiaries, legatees, partners, corporations, officers, directors, shareholders, partnerships, devisees and attorneys, (collectively all are named LOUNSBURYS Affiliates), of and from any and all claims, demands, agreements, allowances, inheritances, contracts, rights, covenants, actions, suits, causes of action, dispositions, distributions, obligations, controversies, debts, costs, expenses, legal fees, accounts, damages, judgments, losses and liabilities, of whatever kind or nature, in law, equity or otherwise, whether known or unknown, which MRSBUGI or MRSBUGI'S Affiliates, may have or now has or which any of them hereafter can, shall or may in the future have, for or by reason of any matter, cause or thing whatsoever relating in any manner to the parties herein, including but not limited to, (1) LOUNSBURYS treatment of MRSBUGI and her professional relationship with MRSBUGI, (2) any real or personal property of LOUNSBURY, and (3) any causes of action which could have been filed relating to LOUNSBURYS treatment of MRSBUGI and her professional relationship with MRSBUGI. MRSBUGI further agrees that MRSBUGI shall never at any time seek to execute on any judgment in the Action or on any potential claim that pertains or relates in any way to any acts or omissions of LOUNSBURY. MRSBUGI further represents and warrants that there are no liens of any kind that are attached to or are subject to any payments made pursuant to this agreement.
4. No Prior Assignment.
Each of the parties hereto represents and warrants that he, she, or it has the full right, power and authority to enter into the releases set forth in Section 3 above, and that he, she, or it has not assigned, conveyed, encumbered, or in any manner transferred all or any portion of the claims covered by such releases. Each party acknowledges and agrees that this warranty and representation is an essential and material term of such releases, without which the consideration relating hereto would not have been delivered by any party to any other.
5. Legal Advice.
Each of the parties hereto has received independent legal advice from his, her, or its attorneys with respect to the advisability of making the settlement provided for herein and with respect to the advisability of executing this Agreement and the releases set forth above.
6. Waiver of Unknown Claims.
It is expressly understood that Section 1542 of the Civil Code of California provides as follows:
1542. GENERAL RELEASES; EXTENT
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
The provisions of Section 1542 of the Civil Code of California and any similar provisions in other jurisdictions, if in any way applicable, are hereby waived by the parties to the Agreement, and each of them, and they acknowledge that this waiver is an essential and material term of the releases set forth above, without which the consideration relating hereto would not have been delivered by any party to any other.
7. Discovery of Additional Facts.
The parties hereto agree and acknowledge that they, or any of them, may hereafter discover facts different from or in addition to those they, or any of them, now know or believe to be true with respect to the matters released herein, and the parties agree that these releases shall be and will remain effective in all respects notwithstanding such different or additional facts. Except as otherwise expressly provided herein, it is the intention hereby fully, finally and forever to settle and release all such matters, and all claims relative thereto, which do now exist, may exist, or heretofore have existed between the parties hereto and the matters specified herein. In furtherance of such intention, except as otherwise expressly provided herein, the releases given herein shall be and will remain in effect as full and complete mutual releases of any such matters notwithstanding the discovery or existence of any such additional claims or facts relative thereto.
8. No Representations.
Except as expressly provided in this Agreement, no party or any officer, agent, employee, representative or attorney of or for any party, has made any statement or representation to any other party regarding any fact relied upon by the other party in entering into this Agreement, and no party has relied upon any statement, representation or promise of any other party, or of any other officer, agent, employee or attorney for the other party, in executing this Agreement or in making the settlement provided for herein, except as expressly stated herein. To the extent that any party relies upon any statement, representation or fact not set forth in this Agreement, it does so at its own risk.
9. Factual Investigation.
Each party has made such investigation of the facts pertaining to this settlement and the releases set forth herein and all matters pertaining hereto as it deems necessary. In entering into this Agreement, each party assumes the risk of any mistake. The releases set forth in this Agreement are intended to be final and binding between the parties hereto, regardless of any claims of misrepresentations, promises made without the intention of performing them, mistake of fact or law, or any other circumstances whatsoever.
10. Representations by MRSBUGI.
MRSBUGI hereby represents, warrants and guarantees the following matters to LOUNSBURY as a material inducement to the agreement of LOUNSBURY set forth herein:
(1.a) No consent, approval or authorization of a court or any other person or entity is required as a condition to the effectiveness of this Agreement.
(1.b) No bankruptcy or insolvency proceeding is pending against MRSBUGI or any entity to which MRSBUGI is a general partner, officer, or director.
11. Confidentiality
Each party to this Agreement represents, warrants and agrees that it will not knowingly cause to be communicated, divulged, published or disclosed any or all of the terms or conditions of this Agreement to any person, firm, corporation or entity, whether natural or fictitious, other than their attorneys or accountants.
If either party to this Agreement receives a request or demand for disclosure of the terms and conditions of this Agreement, the party will promptly notify the other party of the request or demand. The other party may then, at its own and sole expense, bring whatever action or seek whatever remedy it determines is appropriate to protect the confidentiality of this Agreement. Any notice, request for consent, consent, or related documentation relevant to this paragraph shall be provided to the partys current counsel.
The confidentiality clause is mutually beneficial to both parties and no additional consideration is being paid for confidentiality purposes other than an allocation of $100.00.
12. Notices.
Any notice, request, demand, or other communication given pursuant to the terms of this Agreement shall be deemed given upon delivery, if hand delivered, or fortyeight (48) hours after deposit in the United States mail, postage prepaid, and sent certified or registered mail, return receipt requested, correctly addressed to the addresses of the parties indicated below or at such other address as such party shall in writing have advised the other party.
To Doctor: Heather Lounsbury
2901 Wilshire Blvd, Suite 233
Santa Monica, CA 90403
To Claimant: MRSBUGI
13. Attorneys Fees.
Except as otherwise provided herein, if a dispute should arise between the parties including, but not limited to arbitration, the prevailing party shall be reimbursed for all reasonable expenses incurred in resolving such dispute, including attorneys fees (the reasonableness of such fees shall be determined based on the number of hours spent, customary hourly billing rates, and the reasonableness of the number of hours spent) but exclusive of such amount of attorneys fees as shall be a premium for result or for risk of loss under a contingency fee arrangement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the Effective Date.
CLAIMANT
___________________________________
MRSBUGI
DOCTOR
___________________________________
Heather L, L.A.c.
UPDATE #2: SENT RESPONSE E-MAIL
"Heather,
After reviewing the document with my legal counsel, I have been advised not to sign it as is essentially a gag order. If I sign the agreement, I would be waiving all rights to proceed with any actions against you and protect myself in the process. Worst case scenario, suppose paperwork gets misplaced between you and the collections company and their harassment continues. If I signed the agreement, I would not have any recourse. Right now, the document is 100% in your best interest, not in mine. I would like to request you come back with a more fair agreement for both of us that protects each of us equally.
At this point, I have put any further action on hold (i.e. I am refraining from sending a formal letter with copies of all correspondence to the California Attorney General, etc.). I really don't want to escalate the situation any further, and I really do want to work with you to come up with an amicable solution. I would like to propose the following:
I would to respectfully request you to withdraw the bogus invoice for which there is no proof of debt from the Rash Curtis collection agency and to have Rash Curtis cease all collection efforts. When I receive confirmation that the invoice has been withdrawn and collection efforts stop, I will immediately update my reviews to accurately reflect your ultimate helpfulness and professionalism in handling the matter. Right now, my experience has been a negative and stressful one so I have honestly expressed it in my online reviews. When things are resolved amicably and my experience is significantly better/stress reduced, I will update accordingly.
Does this sound fair to you? I welcome your response and am glad that we are communicating and attempting to resolve things together. I hope that we can happily resolve things to move forward in the new year in a positive way, toward success, peace and joy, and leaving negativity behind.
Regards,
Ivy"
FINAL UPDATE: VERDICT IN, ATOT FTW!!!!!!!!!!!
"Thank you for your response. I've contacted Rash Curtis already to remove my claim against you. This was done only a minute ago.
I would appreciate you updating your reviews as you mentioned in your email below.
Please let me know, if you have any questions."
Amazingly awesome, epic win 110% thanks to the help, support, advice and encouragement of you amazing folk here in ATOT.
I'm going to call the collection agency tomorrow to confirm the claim has been removed and then update the reviews. THANK YOU all for your feedback, collective wisdom, sage IANAL advice, and overall support as friends and a community.
Merry Christmas and Happy Holidays to all!
OMG. WORST. GROUPON EXPERIENCE. EVER.
Cliff notes about what happened:
- I saw Heather for an acupuncture appointment via a Groupon
- Heather performed mediocre services and afterwards, recommended I buy Chinese herbs for my hair
- I asked what the price would be for the herbs and she said she wasn't sure
- I said that I would think about it and would make my final decision dependent upon the cost
- Heather called me back a week or so later informing me that the herbs had come in and I owed her $200 for them
- I explained that $200 was much more than I thought and that now I can make an educated decision based on the price, I was not interested in purchasing the herbs
- Heather became upset and said she'd already ordered the herbs; she offered me the herbs for $100, then $75
- Unfortunately, this was still over my budget and I declined to buy them
- Heather sent me bills attempting to force me to pay for the Chinese herbs which I NEVER agreed to buy, verbally or in writing, ever
- I called her to discuss the bills to explain that you can't force someone to pay for something that they never agreed to buy
- Heather did not respond so I left a message
- Heather never called me back
- Tonight, I received a call from the Rash Curtis collections agency informing me that Heather turned my "delinquent account" over to them and that I need to pay $113 or my credit will be negatively affected
Cliff notes of the cliff notes:
- Heather Lounsbury is attempting to force me to pay for an item that I never agreed to buy and sent a bullying, threatening collection agency to me in an attempt to damage my credit if I don't pay up
If you want to read all the gory details, click here for the full review.
Has anyone ever been in a similar situation? I don't want my credit to be affected (I have EXCELLENT credit that I worked hard for!) and I don't want to be bullied into paying for something that I never agreed to buy.
I talked to people at the credit agency and they recommended I just pay the $113 so it doesn't affect my credit. I am revolted by this based purely on principle - This would be saying that it's okay to force a consumer to pay for something they never agreed to buy and don't want, period. This is NOT okay
I honestly have no idea what to do from here. I wrote reviews on every website I could think of (Yelp, Google, and RateMDs). I e-mailed Heather directly and called her again to leave a message hoping that we can resolve things amicably but based on her non-responsiveness in the past and passive-aggressive nature, I'm not sure if I'll even hear back from her.
Any feedback/advice would be GREATLY appreciated, thank you!
EDIT: Thank you for all the incredibly informative info and advice. The knowledge that forum members have is astounding and you guys are seriously the best!!! Thank you so much for sharing your suggestions and for your support. Here's what I've started and what I will finish first thing tomorrow morning when all the proper offices open:
1. File a formal complaint with AG about Heather L (acupuncturist) who is committing exotrtion and Rash Curtis (collection agency) for unethical business practices: 916-445-9555 & 800-952-5210, x0
2. File a compliant and report Heather to the California Acupuncture Board, 916-445-3021 & 916-515-5200
3. Complain to Groupon, 312-784-2366 (July 15 2011 Groupon for Heather Lounsbury)
4. Write a debt validation letter to the collection agency via registered, certified mail requesting formal proof of debt (Google search "debt validation letters"):
P.O. Box 5790
Vacaville, CA 95696
5. File complaint with state board of equalization.
6. File complaint with Better Business Bureau.
7. Post review about my experience on as many consumer review websites as possible to warn others about what happened.
DECEMBER 19, 2011 UPDATE: Response received from the acupuncturist!
Heather sent me the following, formal, kinda scary and intimidating legal document.
Three questions:
1. Do I sign it and agree to the terms within?
2. Do I refuse to sign it but agree verbally to the terms?
3. Do I refuse to sign it and tell her that I'll take down the reviews if she revokes the claim from the collection agency, but that I won't promise not to write an honest review of my experiences?
4. Any other suggestions/recommendations?
Here is the agreement she sent me (IMO it protects all of her rights and none of mine):
AGREEMENT OF SETTLEMENT AND RELEASE
THIS AGREEMENT OF SETTLEMENT AND RELEASE (Agreement) is made, entered into, and effective as of December 19, 2011, the (Effective Date), between Ivy K (MRSBUGI) on the one side, and Heather L, L.A.c. (LOUNSBURY) on the other.
RECITALS
A. This agreement arises out of a billing dispute relating to LOUNSBURYS
August 9, 2011 acupuncture treatment rendered to MRSBUGI.
B. The parties hereto believe that it is in their best interests for the various claims referenced herein to be settled on the terms and conditions hereinafter set forth.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto hereby agree as follows:
1. Obligations of MRSBUGI
(a) MRSBUGI shall hereby relinquish, release, disclaim, renounce and forever waive any and all rights to (1) any claims that LOUNSBURYS treatment of MRSBUGI or LOUNSBURYS professional relationship with MRSBUGI damaged MRSBUGI in any way, and (2) any real or personal property of LOUNSBURY.
(b) MRSBUGI shall withdraw and remove all negative internet reviews relating to the billing dispute and LOUNSBURYS August 9, 2011 acupuncture treatment rendered to MRSBUGI, including but not limited to the December 12, 2011 review on Yelp and any comments on the Better Business Bureaus forums.
2. Obligations of LOUNSBURY.
(a) LOUNSBURY shall withdraw the $110.00 invoice submitted to The Rash Curtis collection agency and agrees to cease all collection efforts.
(b) LOUNSBURY further agrees to waive any amounts owed for past services or missed appointment fees.
3. Release of Claims by MRSBUGI.
MRSBUGI, for and on behalf of herself, and her past, present and future executors, insurers, guardians, conservators, trustees, heirs, predecessors, beneficiaries, legatees, devisees, successors, assigns, agents, employees, representatives and attorneys, and their respective executors, guardians, conservators, trustees, heirs, predecessors, beneficiaries, legatees, devisees, successors, assigns, agents, attorneys and employees, (collectively the MRSBUGIS Affiliates) do hereby fully and forever remise, release and discharge LOUNSBURY and each and all of her past, present and future executors, guardians, conservators, trustees, heirs, predecessors, successors, beneficiaries, legatees, devisees, agents, insurers, attorneys, partners, corporations in which LOUNSBURY was or is an officer, director or shareholder, any partnership in which LOUNSBURY was a partner, and any officers, directors and shareholders of any of the foregoing, employees, successors, assigns, insurers and their respective executors, guardians, conservators, trustees, heirs, predecessors, successors, assigns, agents, employees, representatives, beneficiaries, legatees, partners, corporations, officers, directors, shareholders, partnerships, devisees and attorneys, (collectively all are named LOUNSBURYS Affiliates), of and from any and all claims, demands, agreements, allowances, inheritances, contracts, rights, covenants, actions, suits, causes of action, dispositions, distributions, obligations, controversies, debts, costs, expenses, legal fees, accounts, damages, judgments, losses and liabilities, of whatever kind or nature, in law, equity or otherwise, whether known or unknown, which MRSBUGI or MRSBUGI'S Affiliates, may have or now has or which any of them hereafter can, shall or may in the future have, for or by reason of any matter, cause or thing whatsoever relating in any manner to the parties herein, including but not limited to, (1) LOUNSBURYS treatment of MRSBUGI and her professional relationship with MRSBUGI, (2) any real or personal property of LOUNSBURY, and (3) any causes of action which could have been filed relating to LOUNSBURYS treatment of MRSBUGI and her professional relationship with MRSBUGI. MRSBUGI further agrees that MRSBUGI shall never at any time seek to execute on any judgment in the Action or on any potential claim that pertains or relates in any way to any acts or omissions of LOUNSBURY. MRSBUGI further represents and warrants that there are no liens of any kind that are attached to or are subject to any payments made pursuant to this agreement.
4. No Prior Assignment.
Each of the parties hereto represents and warrants that he, she, or it has the full right, power and authority to enter into the releases set forth in Section 3 above, and that he, she, or it has not assigned, conveyed, encumbered, or in any manner transferred all or any portion of the claims covered by such releases. Each party acknowledges and agrees that this warranty and representation is an essential and material term of such releases, without which the consideration relating hereto would not have been delivered by any party to any other.
5. Legal Advice.
Each of the parties hereto has received independent legal advice from his, her, or its attorneys with respect to the advisability of making the settlement provided for herein and with respect to the advisability of executing this Agreement and the releases set forth above.
6. Waiver of Unknown Claims.
It is expressly understood that Section 1542 of the Civil Code of California provides as follows:
1542. GENERAL RELEASES; EXTENT
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
The provisions of Section 1542 of the Civil Code of California and any similar provisions in other jurisdictions, if in any way applicable, are hereby waived by the parties to the Agreement, and each of them, and they acknowledge that this waiver is an essential and material term of the releases set forth above, without which the consideration relating hereto would not have been delivered by any party to any other.
7. Discovery of Additional Facts.
The parties hereto agree and acknowledge that they, or any of them, may hereafter discover facts different from or in addition to those they, or any of them, now know or believe to be true with respect to the matters released herein, and the parties agree that these releases shall be and will remain effective in all respects notwithstanding such different or additional facts. Except as otherwise expressly provided herein, it is the intention hereby fully, finally and forever to settle and release all such matters, and all claims relative thereto, which do now exist, may exist, or heretofore have existed between the parties hereto and the matters specified herein. In furtherance of such intention, except as otherwise expressly provided herein, the releases given herein shall be and will remain in effect as full and complete mutual releases of any such matters notwithstanding the discovery or existence of any such additional claims or facts relative thereto.
8. No Representations.
Except as expressly provided in this Agreement, no party or any officer, agent, employee, representative or attorney of or for any party, has made any statement or representation to any other party regarding any fact relied upon by the other party in entering into this Agreement, and no party has relied upon any statement, representation or promise of any other party, or of any other officer, agent, employee or attorney for the other party, in executing this Agreement or in making the settlement provided for herein, except as expressly stated herein. To the extent that any party relies upon any statement, representation or fact not set forth in this Agreement, it does so at its own risk.
9. Factual Investigation.
Each party has made such investigation of the facts pertaining to this settlement and the releases set forth herein and all matters pertaining hereto as it deems necessary. In entering into this Agreement, each party assumes the risk of any mistake. The releases set forth in this Agreement are intended to be final and binding between the parties hereto, regardless of any claims of misrepresentations, promises made without the intention of performing them, mistake of fact or law, or any other circumstances whatsoever.
10. Representations by MRSBUGI.
MRSBUGI hereby represents, warrants and guarantees the following matters to LOUNSBURY as a material inducement to the agreement of LOUNSBURY set forth herein:
(1.a) No consent, approval or authorization of a court or any other person or entity is required as a condition to the effectiveness of this Agreement.
(1.b) No bankruptcy or insolvency proceeding is pending against MRSBUGI or any entity to which MRSBUGI is a general partner, officer, or director.
11. Confidentiality
Each party to this Agreement represents, warrants and agrees that it will not knowingly cause to be communicated, divulged, published or disclosed any or all of the terms or conditions of this Agreement to any person, firm, corporation or entity, whether natural or fictitious, other than their attorneys or accountants.
If either party to this Agreement receives a request or demand for disclosure of the terms and conditions of this Agreement, the party will promptly notify the other party of the request or demand. The other party may then, at its own and sole expense, bring whatever action or seek whatever remedy it determines is appropriate to protect the confidentiality of this Agreement. Any notice, request for consent, consent, or related documentation relevant to this paragraph shall be provided to the partys current counsel.
The confidentiality clause is mutually beneficial to both parties and no additional consideration is being paid for confidentiality purposes other than an allocation of $100.00.
12. Notices.
Any notice, request, demand, or other communication given pursuant to the terms of this Agreement shall be deemed given upon delivery, if hand delivered, or fortyeight (48) hours after deposit in the United States mail, postage prepaid, and sent certified or registered mail, return receipt requested, correctly addressed to the addresses of the parties indicated below or at such other address as such party shall in writing have advised the other party.
To Doctor: Heather Lounsbury
2901 Wilshire Blvd, Suite 233
Santa Monica, CA 90403
To Claimant: MRSBUGI
13. Attorneys Fees.
Except as otherwise provided herein, if a dispute should arise between the parties including, but not limited to arbitration, the prevailing party shall be reimbursed for all reasonable expenses incurred in resolving such dispute, including attorneys fees (the reasonableness of such fees shall be determined based on the number of hours spent, customary hourly billing rates, and the reasonableness of the number of hours spent) but exclusive of such amount of attorneys fees as shall be a premium for result or for risk of loss under a contingency fee arrangement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the Effective Date.
CLAIMANT
___________________________________
MRSBUGI
DOCTOR
___________________________________
Heather L, L.A.c.
UPDATE #2: SENT RESPONSE E-MAIL
"Heather,
After reviewing the document with my legal counsel, I have been advised not to sign it as is essentially a gag order. If I sign the agreement, I would be waiving all rights to proceed with any actions against you and protect myself in the process. Worst case scenario, suppose paperwork gets misplaced between you and the collections company and their harassment continues. If I signed the agreement, I would not have any recourse. Right now, the document is 100% in your best interest, not in mine. I would like to request you come back with a more fair agreement for both of us that protects each of us equally.
At this point, I have put any further action on hold (i.e. I am refraining from sending a formal letter with copies of all correspondence to the California Attorney General, etc.). I really don't want to escalate the situation any further, and I really do want to work with you to come up with an amicable solution. I would like to propose the following:
I would to respectfully request you to withdraw the bogus invoice for which there is no proof of debt from the Rash Curtis collection agency and to have Rash Curtis cease all collection efforts. When I receive confirmation that the invoice has been withdrawn and collection efforts stop, I will immediately update my reviews to accurately reflect your ultimate helpfulness and professionalism in handling the matter. Right now, my experience has been a negative and stressful one so I have honestly expressed it in my online reviews. When things are resolved amicably and my experience is significantly better/stress reduced, I will update accordingly.
Does this sound fair to you? I welcome your response and am glad that we are communicating and attempting to resolve things together. I hope that we can happily resolve things to move forward in the new year in a positive way, toward success, peace and joy, and leaving negativity behind.
Regards,
Ivy"
FINAL UPDATE: VERDICT IN, ATOT FTW!!!!!!!!!!!
"Thank you for your response. I've contacted Rash Curtis already to remove my claim against you. This was done only a minute ago.
I would appreciate you updating your reviews as you mentioned in your email below.
Please let me know, if you have any questions."
Amazingly awesome, epic win 110% thanks to the help, support, advice and encouragement of you amazing folk here in ATOT.
I'm going to call the collection agency tomorrow to confirm the claim has been removed and then update the reviews. THANK YOU all for your feedback, collective wisdom, sage IANAL advice, and overall support as friends and a community.
Merry Christmas and Happy Holidays to all!
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