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Not all Heart Check America customers included in class action lawsuit
Las Vegas, NV (KTNV) - Many customers of a medical imaging company in the Valley were relieved to hear legal action was being taken after that company suddenly closed up shop. But Action News is learning not everyone is included in that class action lawsuit.
"My health is great, but i was just curious about it," said Dave Cherkis.
That's what Dave Cherkis says sold him on signing up with Heart Check America. The company had a booth at a convention Cherkis attended and offered him a free heart scan. So he stopped by their Sahara office in October 2010 and signed up to get a full body scam and a virtual colonoscopy.
"All together the whole contract was roughly $3,000," explained Dave.
Fast forward 10 months and Heart Check America's Las Vegas office is now closed, along with locations in several states. The closings came after officials in Nevada and Colorado found the company was scanning patients without a doctor's order, which is against state law.
"I just don't like to be taken advantage of and they took advantage of me," said Dave.
There is a class action lawsuit against Heart Check America. It was filed by a Las Vegas man alleging deceptive trade practices and breach of contract. But not everyone can be part of that lawsuit.
"If they financed their contract through chase advance health or through Conrad acceptance and were making payments to either of those entities they automatically fall into the definitions of the class," explained Attorney George West III.
But Cherkis financed his contract through GE Money Bank Carecredit. According to West, CareCredit customers have a contract clause that prevents them from being part of the class action suit.
"That does not mean that they don't have certain remedies at their disposal," explained West.
West says they're looking at representing customers with contracts through GE CareCredit on an individual basis, through arbitration. Cherkis says he has since closed his Carecredit account. But he's still fighting to get his money back. While he waits for the legal process, he hopes his experience is a lesson for other consumers.
"Be aware of what you sign. I'm one of those trusting people I sign papers yeah I'll read it later," said Dave.
We couldn't reach anyone at Heart Check America for comment. GE CareCredit says they encourage any Heart Check America customers who financed through them to call the number on the back of their card. Click here to visit Attorney George West III's web site for more information on the legal action being taken against Heart Check America.