May 2009

Attorney to review complaints against ProAdjuster

Responding to numerous complaints against ProAdjuster, the World Chiropractic Alliance (WCA) has recruited nationally known attorney Carlos F. Negrete to investigate claims and explore the possible need for a mass civil lawsuit. ProAdjuster markets a complex computerized system to provide mechanical adjustments.

"At this point, we are gathering information from field doctors and possible victims," Negrete stated. "We have received disturbing and alarming reports that raise questions about the company, even though our investigation is not complete. We are gathering more information from doctors who have used the equipment before making a final determination of how to proceed."

Many of the complaints involve alleged failure of ProAdjuster to honor the terms of its sales and lease agreements. Several doctors claimed they were hit with inflated leases saddled them with excessive and burdensome monthly payments. The lease contract includes the equipment as well as supporting materials such as marketing tools, DVDs, etc., which -- according to some users -- were never provided. "The majority of the DCs never got their associate or the total marketing materials," stated one doctor who contacted Negrete, who requested that the identity of all doctors providing information be kept confidential.

In many cases, the leasing companies threatened collection actions or even lawsuits if the doctors stopped making their lease payments, even though they felt they were victims and were disputing the charges.

According to more than one report, the leases were supposed to have no prepayment penalty, yet a number of doctors who tried to pay off the lease early were hit with large penalty charges. "One key was that he (Dr. Maurice A. Pisciottano, President and CEO) promised we could pay off the $90,000 investment early without penalty. After one year of being in the program, I tried to pay it off only to find my $90,000 lease would now take $135,000 to pay off," one doctor explained.

According to other reports, buyers were allegedly told that the lease interest rate was to be 10 percent but later discovered it was 19 percent, with penalties for prepayment and thousands of dollars in hidden charges.

Still others complained that the company greatly inflated the cost of the program by upselling the equipment to include consulting services. "(Dr. Pisciottano) bundled his consulting services (lifetime) into the lease. Pro-adjusters sell used for less than $15,000 but Dr. Moe sells them new with his consulting services for $85,000+. Our lawyer tells us that it is illegal to bundle consulting services with a physical item and then pass off liability to a leasing company."

The current spate of complaints goes far beyond the general criticism leveled against the company for its continued claims for the superiority of mechanical adjustments over manual adjustments. The company marketing material states that "instead of utilizing the doctor's judgment as to what areas are hyper-mobile or hypo-mobile, the ProAdjuster measures precise levels of motion."

"Telling the public that a doctor's judgment is not to be trusted is harmful to our entire profession," stated World Chiropractic Alliance founder and CEO Terry A. Rondberg, DC. "There are ways to promote one's product without calling into question the ability of a chiropractor to detect and correct subluxations without the use of a machine."

The WCA is assisting Negrete in gathering information on ProAdjuster. "Before anyone makes any accusations or contemplates legal actions, it's important to get the facts. Since the WCA's newspaper, The Chiropractic Journal, reaches all licensed DCs in the country, we believe we are in a unique position to help gather these facts."

Negrete is asking doctors who have purchased the ProAdjuster equipment to provide the following:

1. Are you satisfied with your purchase of the ProAdjuster package or do you regret your decision? Why?

2. Were any promises (such as being able to return your equipment) made to you at the time you decided to purchase the packaged that were not kept?

3. How much did you pay for your ProAdjuster package?

4. What are the payment terms of your lease?

5. What leasing company leased your equipment?

6. Did they receive the training support you were promised?

7. Did you receive all the magazines and other support material you were promised?

8. Were you told that you would have a trained ProAdjuster employee/associate placed in your office? If so, was it provided?

9. Were you told that there would be no prepayment penalty in your lease?

10. Did you attempt to prepay your lease and discover that there was a penalty?

You are encouraged to participate in this investigation and provide information or documents that you may have. The WCA will continue to report on the investigation and developments.

If you have information, or would like to contact Mr. Negrete concerning the ProAdjuster litigation you can contact victimrelief@proadjusterlitigation.com  or write to the Law Offices of Carlos F. Negrete, 27422 Calle Arroyo, San Juan Capistrano, CA 92675. Your identity and information will be kept confidential.