Doctor Fined for Restricting Negative Reviews

Disability InsurersEmployersLawyersMVA InsurersDoctor Fined for Restricting Negative ReviewsPostedOctober 7, 2024October 7, 2024July 10 , 2024 fromMedscapeA Seattle plastic surgeon, Dr. Javad Sajan, and his practice, Allure Esthetic, will pay $5 million in a settlement with the state of Washington for violating consumer protection laws. According to a July 1 consent decree, the settlement includes $1.5 million in restitution to 21,000 patients and $3.5 million to the state. This case addresses concerns about patient rights, truthful advertising, and consumer protection in healthcare.The dispute arose from allegations that Dr. Sajan and his practice suppressed negative reviews through illegal means. Washington State Attorney General Bob Ferguson brought the lawsuit, claiming the practice “forced” patients to sign nondisclosure agreements (NDAs) before receiving care. U.S. District Judge Ricardo S. Martinez ruled that Allure Esthetic’s actions violated the federal Consumer Review Fairness Act (CRFA).Violation of Patient Rights and Manipulation of ReviewsPatients were allegedly required to sign NDAs from 2017, stating that they should contact the business directly rather than post negative reviews. The lawsuit further claimed that the clinic threatened legal action if patients posted negative feedback and, in some cases, offered money or free services to remove reviews. Those who accepted these offers were made to sign a second agreement forbidding future negative reviews, with a $250,000 penalty for non-compliance.Attorney General Ferguson emphasized the importance of consumer trust in reviews, stating, “Writing a truthful review about a business should not subject you to threats or intimidation. Consumers rely on reviews when determining who to trust, especially services that affect their health and safety.”In addition, the state accused Dr. Sajan of instructing his staff to create fake positive reviews. Investigations revealed that Allure Esthetic’s employees used fake Gmail accounts to post these reviews, many of which remain online. The practice also manipulated its social media presence by purchasing followers and using a bot tool to buy thousands of fake likes on platforms like Instagram and YouTube.Broader Implications and Additional ViolationsFurther investigations uncovered that the practice “rigged” local “best doctor” competitions by paying staff and contractors to vote for Dr. Sajan, casting as many votes as allowed on various websites. The practice allegedly edited before-and-after patient photos to make results appear more favorable and withheld thousands of dollars in patient rebates.Settlement Terms and Compliance RequirementsWhile Dr. Sajan’s practice has agreed to the terms of the consent decree, it has not admitted liability. The settlement’s conditions include:Ceasing Influence Over Reviews:Dr. Sajan and his practice must stop posting or influencing consumer reviews and perform a full audit of reviews on third-party platforms like Google and Yelp.Removal of Misleading Content:The practice must remove altered “before and after” photographs from its website and social media accounts.Release from NDAs:Patients who previously signed NDAs are to be notified that they are released from these agreements’ terms.Rebate Program Audit:An independent third-party accounting firm will audit the practice’s consumer rebate program to identify and compensate consumers owed rebates.The practice is also required to develop internal policies and a staff training program on non-deceptive advertising and compliance with consumer protection laws. The attorney general’s office will monitor the practice’s compliance for the next 10 years.Practice’s ResponseIn a statement provided by Dr. Sajan’s attorney, the practice expressed satisfaction with resolving the case. “The cooperative settlement, while not admitting fault and resolving claims asserted by both sides, allows Allure Esthetic to continue to focus on its core mission of providing compassionate care to patients and serving the community.” The practice emphasized that settling was necessary to allocate resources to patient care.=================================================================Considering an IME or document review to resolve an insurance claim, legal file, or workplace health and safety issue?Our specialists provide evidence-based opinions, soget in touchwith Western Medical today to learn more about our services.