East Syracuse-based Aspen and Leonard Green and Partners are violating laws that require clinics to be owned by dentists actively performing procedures onsite to prevent business interests from trumping those of patients, according to court papers filed at U.S. District Court in Albany.
The suit is on behalf of 11 people in 11 states, but their lawyers are seeking class action status that could cover tens of thousands of current and former patients and untold monetary damages.
They argue that the structure of Aspen Dental puts a premium on getting patients to consent to expensive treatment plans through aggressive sales pitches after they've been attracted to the clinics by free exam and X-ray promotions.
Lawyers Brian Cohen and Jeffrey Norton said the goal is to maximize profits for the non-dentist owners of Aspen by using dentists as "sham" owners of clinics, some of which operate too far away, including in other states, for the dentists to practice there. That, they say, violates New York's law against "unlawful corporate practice of medicine."
Aspen's "so-called 'Practice Owners' are nothing more than de facto employees and/or independent contractors" of the company, which controls its 358 clinics' marketing, credit offers, hiring, training and bookkeeping, according to the court papers.
Kasey Pickett, Aspen's director of communication, said the accusations made in the filing were "entirely without merit." She said Aspen doesn't employ dentists or control clinical care, instead providing management support.
A message left with Leonard Green and Partners, a $15 billion private equity firm based in Los Angeles, wasn't initially returned. The court papers say the firm took a controlling interest in Aspen for $547 million in 2010.
There are Aspen clinics in 22 states: Arizona, Connecticut, Florida, Illinois, Indiana, Iowa, Kentucky, Maine, Massachusetts, Michigan, Nebraska, New Hampshire, New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Washington and Wisconsin.
Comments
Fee Market Capitalism
Dig a little deeper and see where the political donations go......
The only time I have heard anything good about Aspen Dental is when I see one of their commercials. Never from anyone who has used them.
I was just there yesterday.They insisted that I get the free xraysI was told if I didn't get them it would cost me $70.00 the visit would not be free.And yes they are all FAST TALKERS.
i left with a piece of paper that said my total was over two grand.I said I will get back to you.NOT
worked ok for me.
Nobody cares what you think or feel since you self proclaim it by your handle. Go away.
never anything wrong with getting a second opinion even on dental work.
Use local dentist, no chain store.
Are some of the chains mandated to do so much work per month?
I went there about a year or so ago and they wanted me to get over $5000 worth of dental work done, oh but I could make payments, yeah at about $500 per month. I said NO!!
Went to Aspen a few years ago w/terrible tooth pain. They put me so far back in the chair, I was nauseous when I got up. There sat a woman w/a clipboard telling me I needed gum planing for
$1000+ Did I want to sign up for payment plan? Aspen dentist told me I had sinus infection, no tooth problem. Found out from competent dentist that tooth was cracked and had to be pulled, gums fine.
Took my husband to Aspen and thought all was going well. I didn't know that even though we didn't choose to do anything they still charged our "care credit" nearly $4000. It took 2 or 3 years to get that off my credit report because they still charged me financing after taking 4 days to remove the charge. We will never even visit there or recommend it to anyone ever!
Went to Aspen years ago. Fell for the "free" gimmick(stupid me). As it ended up, was told lies about condition, outrageous prices, tried the "pressure tactic" to "up-sell" treatment, fear of God thing. Had the common sense to walk out after sitting across desk from so called sales expert with his pitch. These people and the corporation could make the transition to used car sales in the blink of an eye! CAVEAT EMPTOR people.
Would you go to McDonalds to get your teeth cleaned? I didn't think so, then why not go to a local Dentist? We don't need Aspen Dental in Sandusky, our dentists around town are top notch!
same junk with wally world eye care and pearl vision never trust your vision to "fast food" offices.
Went to one in Toledo,bad experience.I filed a complaint with Toledo Better Business Bureau and got all my credit back !
Agreed! We normally use a local dentist but needed work in a hurry. Next time we will just suffer until we can get in with the best!
Why would anyone go there, some of you ask. One word--insurance. Some insurances will pay 80% or more of the cost of expensive procedures (root canals, etc) done at Aspen, but only 25% done by a private practice dentist. Hopefully this lawsuit will help change that.