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Heart Check America Class Action (Nevada)
The lawsuit also seeks additional class status for Nevada consumers who financed their HCA contracts through Conrad. The lawsuit seeks recovery of money that has been paid for the financed purchase of HCA contracts by Chase or Conrad and recovery of money that has been paid for annual recurring administrative fees under the HCA contract which has been billed and collected by Conrad.  The lawsuit also seeks a declaratory judgment rescinding the HCA as well as the Chase and Conrad contracts.  The lawsuit also seeks avoidance of any outstanding balance or further payments due on the Chase or Conrad account relating to the purchase of the HCA contract, and an injunction preventing any further collection of annual fees relating to the HCA contracts being billed and collected by Conrad. This link will be updated from time to time to keep persons informed of the status of the case, but due to the numbers of putative class members, individualized communication is very difficult. This link is here to assist you, the consumer, by providing answers to some of your common questions regarding the case, but is not intended, nor should it be relied upon as a comprehensive outline of all of your legal rights. In addition, if you have information that you believe is important to the case, you can assist now by providing that information.

CLICK TO VIEW SECOND AMENDED COMPLAINT

What Is A Class Action ?

A class action is a procedural mechanism whereby one or a few persons who have been wronged undertake to represent numerous others who have been similarly wronged. In other words, one or a few “carry the banner” for all the others in Court, and are representing what is know as a “class” of persons who were damaged in the same way. The person or persons who represent the class are known as “representative class members.” There are two persons who presently seek to represent the class in this case. The first is Kenneth Barth. His HCA contract and initial enrollment fee were financed through Chase, and Conrad attempted to collect an annual recurring $199 administrative fee from him. The second class representative is Sandra Lang. Her contract and initial enrollment fee were financed through Conrad, and she is also under an obligation under the HCA contract to pay an annual recurring $149 administrative fee.

Do I Have to Be A “Representative Member” To Participate In The Case ?

No.

If you fit within the class definition(s), you are what is known as a “putative class member.” What this means is that if you fit within the defined class of persons, and the Court at the appropriate time “certifies the class” (i.e., the Court determines that this case should proceed as a class action), you are automatically included in the case as a “class member,” unless you decide affirmatively to exclude yourself from the class. At the time the Court certifies the class, class members will be sent a notice from the Court letting them know that they are in the class and providing information regarding the lawsuit and how they can participate. Court rules provide that the Court will determine whether to certify the class “as soon as practicable after commencement of the action.”

What Do I Have To Do To Be A “Class Member” In This Case

Nothing.

You will be automatically represented in this lawsuit if you fit within the class definition, the Court certifies the class as defined, and you follow the requirements of the class notice to participate.

Do I Have To Pay Any “Out of Pocket Costs” To The Attorney
Representing Mr. Barth or Ms. Lang ?

No.

There are no “out of pocket costs” to be a member of the class. The lawsuit seeks costs or fees associated with the case to be paid by the Defendants at the conclusion of the case if the class representatives prevail at time of trial, and we will seek costs and fees to be paid directly by the Defendants in any settlement that is entered into and approved by the Court.

What Is This Case About ?

As described in the Second Amended Complaint (“SAC”), this case is about various HCA Defendants entering into or assisting the entry into medical service contracts with Nevada consumers for the performance of radiological imaging tests in the Las Vegas area. The SAC alleges that these contracts were deceptive and illegal for various reasons. As alleged in the SAC, radiological imaging tests are required by Nevada law to have an official referral from a licensed medical practitioner justifying the tests as medically necessary or appropriate.

The referral requirement was not disclosed to consumers and it appears that the HCA Defendants were performing these radiological imaging tests without obtaining the required medical authorizations and referrals. Earlier this summer, HCA shut its doors, leaving Nevada consumers holding worthless contracts for which they paid thousands of dollars.

Many consumers financed the purchase of their HCA contracts. To date, there are three lenders who have been identified who financed the purchase of HCA contracts. They are Chase Bank (“Chase”), through one of its financing products known as “ChaseHealthAdvance,” GE Money Bank (“GE”) through its financing product known as “Care Credit,” and Conrad Acceptance Corporation (“Conrad”). It appears that HCA personnel processed all the necessary paperwork on behalf of consumers to get them qualified to finance the purchase of one of HCA’s contracts through all three lenders. At the time the original court Complaint was filed, initial investigation had uncovered that Conrad only was involved in the collection of the recurring annual administrative fee. However, new information indicates that Conrad in fact was also financing some Nevada consumers for the purchase of their HCA contracts. This is the reason the Complaint in the lawsuit has been amended to include allegations surrounding Conrad’s involvement with respect to financing some of the HCA contracts, and seeking recovery from Conrad for payments made for the financed purchase of the HCA contracts and initial enrollment fees.

The lawsuit seeks to have those amounts already paid towards the financed purchase of one of HCA’s contract returned to the consumer, to have any remaining balance forgiven, and to delete the trade line from the consumers’ credit bureaus, whether or not it contained any derogatory information. At the present time, this relief applies only to those who financed the purchase of their HCA contracts through either Chase under its “ChaseHealthAdvance” revolving credit account, or Conrad.

Additionally, under the HCA contracts, consumers also paid a one-time enrollment fee of $199.00. The lawsuit seeks to recover this amount from HCA, Chase or Conrad if this enrollment fee was part of the amount financed by Chase or Conrad.

Finally, under the HCA contract, the consumer also agreed to pay a recurring “annual fee” for each year of contract term. It has been discovered that Conrad has been billing, collecting and/or attempting to collect the annual fee from Nevada consumers, regardless of the company that extended them credit, and regardless of whether they paid cash or financed their contracts. The lawsuit seeks to have this annual fee returned and to prevent Conrad or HCA from continuing to bill the consumer for such fees in the future.

Why Are Those Who Financed Their HCA Contracts With GE Care Credit Not Included In The Class For Purposes Of Recovering Amounts Financed To Pay the Purchase Price And Initial Enrollment Fees For Their HCA Contracts?

The reason those consumers who financed the purchase of their HCA contracts through GE’s Care Credit are not being included in this lawsuit for purposes of recovery of amounts paid for the HCA contract and initial enrollment fee is because of a recent ruling by the U.S. Supreme Court. That case held that a consumer contract containing a binding arbitration provision including a ban against class actions prevents a consumer from participating in a class action lawsuit relating to that contract. It appears at this time that GE’s revolving credit agreement with its “Care Credit” product, as it relates to this case contains an arbitration clause with a class action ban. By comparison, Chase’s and Conrad’s agreements do not contain similar provisions.

What If I Paid 100% Cash Up Front For My HCA Contract Or Paid It Via Another Existing Credit Card Or Credit Account; Am I In The Current Class ?

No for some purposes and yes for other purposes.

If you paid for your HCA contract with an existing credit card or credit account, or if you paid 100% cash for your HCA contact in advance, you are not in the class to the extent the case seeks return of any cash funds paid directly to HCA for the purchase of your HCA contract, including the initial enrollment fee. Only those who financed their purchase of an HCA contract through Chase or Conrad are in the class at this time with respect to seeking reimbursement towards any amounts paid for purchase of the HCA contract and the initial enrollment fee.

However, whether you paid cash or financed your HCA contract, if your were billed or paid the recurring annual administrative fee by Conrad, then you are part of the class with respect to payment of this annual fee.

What If I Financed My HCA Contract Through GE Care Credit And Not Chase Or Conrad; Am I Part Of This Lawsuit?

No for some purposes, and Yes for other purposes.

If you financed the purchase of your HCA contract through GE’s Care Credit revolving line of credit, you are not currently in the class to the extent the case seeks return of those payments made for the purchase of your contract and the initial enrollment fee that were financed. Only those who financed their purchase of an HCA contract through Chase or Conrad are currently in the class for damages and injunctive relief relating to the purchase price of their contracts and the enrollment fee that were financed.

However, whether you paid cash or financed your HCA contract, if you were billed by or paid to Conrad the recurring annual administrative fee, then you are part of the class with respect to the billing and/or payment of this annual fee.

Why Are Those Who Financed Their HCA Contracts With GE Care Credit Not Included In The Class For Purposes Of Recovering Amounts Financed To Pay the Purchase Price And Initial Enrollment Fees For Their HCA Contracts?

The reason those consumers who financed the purchase of their HCA contracts through GE’s Care Credit are not being included in this lawsuit for purposes of recovery of amounts paid for the HCA contract and initial enrollment fee is because of a recent ruling by the U.S. Supreme Court. That case held that a consumer contract containing a binding arbitration provision including a ban against class actions prevented consumers from participating in a class action lawsuit relating to that contract. It appears at this time that GE’s revolving credit agreement with its “Care Credit” product, as it relates to this case contains an arbitration clause with a class action ban. By comparison, Chase’s and Conrad’s agreements do not contain similar provisions.

If I Financed My HCA Contract Through GE’s Care Credit, What Alternatives Or Remedies Do I Have To Recover Amounts Financed To Pay For My HCA Contract And Initial Enrollment Fee?

While you currently are not part of this pending lawsuit for purposes of recovering amounts financed with GE to pay for your HCA contract and initial enrollment fee, that does not mean that you don’t have any legal recourse or remedies relating to those damages. It just means you can’t be part of this currently pending class action with respect to those damages.

We are currently assessing this situation and looking into possibly representing those consumers who financed their HCA contracts through GE, on an individual basis against GE and HCA through the arbitration process, however a decision on this has not yet been made.  If you financed your contract through GE, we would encourage you to send us your information via email to gowesq@cox.net and to call 626-600-1792 and please leave your full name, address and telephone numbers so we can assemble a list of GE consumers.   You can provide your information by responding to the questionnaire below. It should be noted that by sending us any information it is not an acceptance of actual representation of you in your individual capacity against GE.   No representation of any consumer in any individual capacity against GE is implied by the mere receipt of information from you.    Only when and if a retainer agreement is signed between us and the consumer  who financed the purchase of their HCA contract with GE will it be deemed actual representation of any consumer on an individual basis.  A decision to represent GE Care Credit consumers in their individual capacity has not yet been made, but please check back to this link periodically for more information.

If I Paid 100% Cash For The Purchase Of My HCA Contract, What Alternatives Or Remedies Do I Have ?

Cash consumers are not currently in the class for purposes of recovering amounts paid to HCA for their contracts or initial enrollment fees. You might be in the class only with respect to amounts paid to Conrad if Conrad billed and/or collected recurring annual administrative fees from you. This does not mean that you do not have a valid claim against HCA -- it just means you are not one of the persons within the definition of the identified classes set forth in the SAC. The reason why cash consumers are not in this case is because the class is limited to those who financed the purchase of their HCA contracts or were billed by or paid to Conrad recurring annual administrative fees. If you paid 100% cash for your HCA contract, you should seek independent legal representation with respect to any rights you may have against HCA. Unfortunately, this office is not in a position to represent those who paid cash for their HCA contracts.

If I Still Have An Outstanding Balance On My Credit Account For The Purchase Of My HCA Contract, Should I Continue To Pay It Off ?

At this point, we have no position on this. We will keep you posted. However, if you choose to stop paying, your credit could be adversely affected during the pendency of the action. However if the Plaintiffs prevail on their claim for rescission, it would include deletion of any credit derogatories on the consumers’ trade line or deletion of the entire trade line at the three major credit reporting bureaus. On the other hand, there is no guarantee, even if the Plaintiff prevails or settles prior to a trial, that you will receive 100% of what you paid to the finance company.

QUESTIONAIRE

Thank you for taking the time out of your day to fill out this questionnaire regarding the Heart Check America (“HCA”) class action litigation pending here in Nevada. If you would rather “cut and paste” these questions to your email and answer them, that would be acceptable as well. We realize this is a time of anxiety for you and your family. To help assist our office in this case, it would be extremely helpful if you could answer the following questions and send your answers back via email, preferably, to gowesq@cox.net. You can also fax your documents and questionnaire to 702-664-0459. Please ensure when you send any email information that the subject line on the email reads in all capitals “HCA CLASS ACTION.”  This will make it much easier to identify these emails. Again, it should be noted that unless you fit within the class of persons in this case, and if the class is certified by the Court, unless you fall within the definition of the class, by sending us information or the questionnaire as an individual consumer who is not in the class definition, no representation of a consumer on an individual basis is implied or assumed simply by sending or by receipt of this information.  All representation of any consumer on an individual basis can only be established by entering into a written retainer agreement with us. 

Full Name(s) :

Home Phone :

Cell Phone :

Email Address:

Current Address :

1. What was the purchase price of your HCA contract ?

2. How many years were the services under your HCA contract to be performed ?

3. When did you enter into your HCA contract ?

4. If you financed the purchase of your HCA contract, which lender did you finance it through; ChaseHealthAdvance, GE Care Credit, Conrad Acceptance, or Other?

5. How much have you paid to date on the account ?

6. How much of a balance is outstanding ?

7. If financed, have you continued to make the monthly payments ?

8. If financed, have you stopped making payments or are you behind on payments ?

9. If you stopped or failed to make payments towards the financed purchase of your HCA contract, has the finance company tacked on late charges, additional interest or put your account into collection ?

10. Has an entity by the name of Conrad Acceptance actually charged or attempted to charge you your $ 199.00 “annual fee” under your HCA contract at any point in time in 2011 ?

The answers to these questions will be very helpful in prosecuting the case, and we may be contacting you in the future.

Also, it would be helpful to send any and all documents you have from HCA and the finance company you financed through, including your contracts and any correspondence from HCA or the finance company. We do not need monthly statements. You may scan any documents and send them via email to gowesq@cox.net or fax them to 702-664-0459. Again, please ensure when you send any email information that the subject line on the email reads in all capitals “HCA CLASS ACTION.” This will make it much easier to identify these emails.

Due to the overwhelming demand for information brought on by recent and continued media coverage of the case, it is completely understandable to want to know more about this case. However, given this overwhelming demand, our office is unable to get back to everyone on an individualized basis, but we would like to maintain contact information on you, and will do our best to remain in contact with you and answer your questions and as to the current status of the case and that is why we set up the website link.

You can check the status of the lawsuit on our website, www.caaaf.net. We will keep it updated periodically to remain current on case status via the website. Our office is and has been involved in numerous class actions involving car dealers, condo developers, telecommunications companies and other consumer protection based class actions both here in Nevada and in other jurisdictions. Our office emphasizes consumer class action protection in all forms.

There are numerous persons who may be involved in this putative class action, which unfortunately precludes individualized communication with most putative class members. We hope you can understand why individualized communication is very difficult give the numbers involved, but rest assured, you will be kept up to date via the website on anything significant that may occur on the case.

However, please rest assured that the case has been filed in the District Court for the Eighth Judicial District Court for the State of Nevada seeking class status for all those as defined in the class. Click here to view or download the SAC. Currently, the class is defined as Nevada residents who purchased an HCA “long term” contract (meaning more than one year), and had their HCA contract purchase financed by Chase or Conrad and/or who were also charged a recurring annual administrative fee by an entity by the name of Conrad Acceptance at any time in 2011. The case will proceed accordingly and we will be proceeding as quickly as we can. We appreciate your inquiry, and thank you for your time, patience and understanding.