Auto Fraud Legal Center Sues SmileCare

Auto Fraud Legal Center has filed a class action against Coast Dental Services, Inc., otherwise known as SmileCare in San Diego County Superior Court: Simon v. Coastal Dental Services, Inc., Case No. 37-2014-00030167-CU-CO-CTL. The action is based on SmileCare’s failure to comply with California law when helping patients obtain credit cards to pay for dental services. California law, in Bus. & Prof. Code Section 654.3,requires SmileCare to provide the following to its patients before it can help a patient obtain a credit card to pay for dental services and/or provide any dental services (1) a written notice called “Credit for Dental Services” that includes all of the information required by the law (2) a written treatment plan that includes all of the anticipated services to be provided and the estimated costs for each service, whether insurance will cover any of these costs, and that the patient has the right to see if his insurance will cover any of the costs before treatment is provided, an (3) a list of the treatment and services to be rendered, the estimated costs for the treatment and services, and which treatment and services are being charged.

The lawsuit alleges that SmileCare failed to give this information to Plaintiff Irene Simon and other patients who obtained dental services from SmileCare since September 9, 2010, and who obtained a credit card arranged for by SmileCare to pay for dental services.

Ms. Simon alleges that she went to a SmileCare facility in La Mesa because she had a toothache. Ms. Simon had two teeth pulled and impressions taken for three crowns. She was shocked to receive a credit card bill for over $4,000.00 for these dental services. In addition, SmileCare advised Ms. Simon that she owed it almost $1,800.00 for dental services that were not charged to the credit card. Ms. Simon never received any of the disclosures required by Bus. & Prof. Code Section 654.3. She is seeking relief on behalf of herself and other individuals similarly situated to her. The lawsuit also alleges that SmileCare violated the Consumers Legal Remedies Act, Civil Code Section 1750 et seq., and the Unfair Competition Law, Bus. & Prof. Code Section 17200 et seq., for failing to comply with Bus. & Prof. Code Section 654.3.

Attached is a copy of the Complaint filed. This matter is being handled by Gregory T. Babbitt, who can be reached at 858-348-1005 x. 104, or