WHEELING – An Ohio County chiropractic business is suing a referral service because it "cold called" potential clients in violation of the agreement.
Nardone Chiropractic filed a lawsuit May 14 in Ohio Circuit Court against Northeast Management Network, of Huntingdon Valley, Pa.
The plaintiff company says the defendants solicited their business on March 25, 2008.
According to the lawsuit, the defendants offered a referral service that would provide "legitimate leads to quality patients" to Nardone and offered an unconditional money back guarantee.
The defendants further allegedly said it didn't engage in "cold calling" people.
Nardone claims it directed the company to provide leads to patients covered by Blue Cross-Blue Shield Insurance and prohibited any Medicaid and Medicare referrals.
Eventually, the plaintiff agreed to utilize the defendants' services. The defendants charged $100 per referral and Nardone claims it made a $4,000 upfront pre-payment.
Since entering the agreement, Nardone says it has not received a single qualifying referral.
Sometime in August 2008, Nardone says it received a call from Diane Mey, described as an individual consumer.
Mey told the plaintiffs she'd received a telemarketing call from them – purportedly through the defendant company. Mey said she was on the federal "Do Not Call" registry.
Nardone says it was forced to settle with Mey for $1,500 to avoid being sued. At the same time, the plaintiffs moved to terminate its agreement with the defendants, the complaint says.
Since then, Nardone says it has been unable to contact the defendants.
The plaintiffs are suing on grounds of breach of contract, breach of warrant, fraud and unjust enrichment.
The plaintiffs are seeking compensatory damages.
Daniel M. Balgo is representing the plaintiffs. The case is before Ohio Circuit Judge Martin Gaughan.
Ohio Circuit Court case number: 09-C-153