QC Kinetix Facing Class Action Over Alleged Misrepresentations of Non-FDA Approved Medical Treatments

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An Indiana consumer alleges in a proposed class action that she was physically and financially injured by expensive medical treatments misleadingly advertised by QC Kinetix.

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The 28-page case claims QC Kinetix, which is operated by defendant QC Franchise Group, has run afoul of state law by failing to adequately disclose to consumers that the non-surgical alternative pain treatments it offers involve the use of drugs that have not been approved by the Food & Drug Administration (FDA). In further violation of state law, QC Kinetix has accepted loan payments for treatment that were made pursuant to financing contracts that lacked a required notice about loan cancellations and refunds, the filing contends.

The plaintiff claims that when searching for solutions for her joint pain in July 2023, she reviewed QC Kinetix’s website and saw no mention of its treatment lacking FDA approval. After contacting the company, she was referred to QC Kinetix – Champaign, an Illinois franchisee operated by defendant Regenerative Health of Champaign, LLC, the suit relays.

The complaint claims that during the women’s appointment later that month, “QC Franchise Group did not take any images, include [sic] x-rays, MRI’s or CAT Scans, nor did it review any of Plaintiff’s prior medical records regarding the cause of her pain.” The plaintiff also claims that she did not see a medical doctor at any point at QC Kinetix – Champaign.

According to the case, the woman was then subjected to a “high-pressure sales presentation” pushing her to get injections in both hips and both shoulders, even though the plaintiff was not having pain on both sides and her pain originated from nerves in the lower back. The plaintiff says she was eventually convinced to agree to undergo five treatment sessions that would cost a total of $20,000.

QC Kinetix then provided documents to the plaintiff that described the “therapy” she would receive but failed to disclose that the treatments were not FDA-approved, the lawsuit shares. It wasn’t until after the woman received her first treatment session that QC Kinetix employees rushed her to sign additional documents that revealed that the treatments “have not been authorized by FDA” for the treatment of the plaintiff’s condition, the filing says.

Per the complaint, the plaintiff agreed to pay for the treatment with a $20,000 loan serviced by defendants Security First Bank and Med-Den Funding, LLC, which does business as Proceed Finance. The case claims that the loan documents the plaintiff received contained a notice representing that any loan cancellations must be initiated through the medical provider and that it would be up to the medical provider to decide whether any refund would be made or claims honored.

Both of these representations are directly contrary to the notice these financing defendants were required to include under federal regulations but ultimately omitted, the suit alleges.

Proceed Finance and Security First knew there was a “high likelihood that patients would cancel treatment or have claims and defenses against medical providers” and deceptively represented that consumers would have to repay their loans unless the medical provider agreed to a refund as part of “a scheme to obtain and keep the patients’ money regardless,” the filing argues. As such, the complaint claims that Proceed Finance and Security First have demonstrated a pattern of racketeering activity in violation of federal law.

The case goes on to explain that after receiving two of the five scheduled treatments, the plaintiff saw “no benefits” and developed shoulder pain “so severe” it kept her up at night and forced her to start wearing an arm sling.

“Plaintiff refused further treatments due to the extreme pain they were causing, cancelled further treatments, and informed the lender of her decision,” the suit says, sharing that QC Kinetix – Champaign offered her a refund of only $9,000.

The lawsuit looks to represent anyone who contracted for treatment with a QC Franchise Group LLC franchisee in Illinois. The suit also seeks to cover anyone who had financing arranged with Proceed Finance and Security First by a provider of health care goods and services where the financing documents did not include the statement required by the applicable federal regulations if either the medical provider’s address or the individual’s address was in Illinois.  

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