Public Mediation

Snore No More CPAP Store-Dispute-#1729074

R. D. vs. Snore No More Cpap Store
6260 N. Port Washington Rd, Glendale, Wisconsin, 53217, United States
Amount Involved: Other terms
Complaint(s): Bad business practices
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: 1 non-monetary items.
    • Claim #: 1729074
    • Amount Involved: N/A
    • Filed On: Dec 19, 2012
    • Posted On: Dec 30, 2012
    • Complaint(s):
      • Bad business practices
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"Since being diagnosed with sleep apnea in 2010, I've needed to use a CPAP at night, which requires periodic replacement parts to prevent respiratory tract infections. Timely replacement supplies (every 3-6 months) had been a chronic problem for Snore No More CPAP store when I went to the location in Milwaukee (4404 W. Oklahoma Ave Milwaukee, WI 53219) They would rarely have all the parts I needed, the only person who could fill the order split her time between two locations, and even when I called ahead, they often didn't have everything I needed in either store. So I asked instead for the parts to be mailed, back in August 2012. They sent me a form in September authorizing direct payment from my insurance company which I signed and sent back, thinking this form was required for me to get my supplies, I didn't notice that the top of the letter was called a "delivery ticket." I never received the supplies. After waiting for quite some time, I contacted them by e-mail, when I noticed that they had been paid by insurance, and they were billing me for my small co-pay of $7. They responded by insisting that I did get the supplies, as evidenced by this form I signed, so I called to complain. They continued to insist that I did receive these supplies, implying that I was prevaricating, and hung up on me while I was mid-sentence. I called back and got hung up on again, then put into someone's voice mail box. As a final insult, they emailed me and told me that I was no longer welcome as a customer, in spite of the fact that they are the ones who took unearned money from my insurance company. This isn't just bad customer service, since these are medical supplies that are necessary for significantly lowering my risk of sudden death at night, their dishonest business practices are dangerous. Since they billed and got paid for these supplies by my insurance company, I'm not eligible for those replacement parts for another 6 months, parts I never received."
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Exhibits View
Additional Communication Between Claimant and Snore No More Cpap Store Hide
  • Dec 24, 2012, Snore No More CPAP Store (responding party) added:

  • As we have discussed with Dr DeSilva, we never hung up on you as we explained the phone lines were haveing a problem and he got disconnected once. We have told him over and over that we are SORRY for the problem, and misunderstanding. We have sent him supplies AGAIN at No Charge to him or his insurance company. What more can we do?

  • Dec 24, 2012, Claiming party added:

  • This response is disingenuous, and dishonest. If in fact, their (not the) "phone lines were haveing (sic) a problem..." then why not call me back to apologize? I didn't "get disconnected," they rudely hung up on me, and there was at no point any apology issued, in any way, shape or form. This is why I felt insulted and why I still feel angry. What was told to me "over and over" was that I received the supplies already, in spite of my repeated assertion that I did not. Since I did not receive the original shipment, to call the supplies just sent (not again, but for the first time) "at no charge" is patently specious, they took the insurance money already. I did not ask for reshipment after their email dictating to me "that you go else where (sic) for your supplies in the future." I did do that, and now that I have those supplies from an honest medical supply company, the Snore No More CPAP Store should refund the money they took from my insurance company, stop insulting my intelligence, and actually admit and apologize for their error and wrongdoing.

  • Dec 24, 2012, Claiming party added:

  • Here is the actual wording of their alleged "apology" sent by e-mail. Keep in mind that the "proof of delivery" paperwork I signed was sent by itself in a business envelope, not inside any shipment or box. The form does not clearly state that I accepted some delivery, but since it was sent by itself, my misunderstanding that the form was only for the store to be able to get directly paid by insurance was a reasonable assumption for me to make. I signed that form thinking this is what I had to do to get my supplies. They never made any attempt to see if I actually got the shipment, which, by the way, are important medical supplies to maintain my health.

    "The only proof of delivery we have is the signed paper work (by you) that we then in turn can bill from. IF you did not get the supplies, you should have never signed for them. No one is calling you a liar, but this is the ONLY proof we have for ALL of our patients. I will send the supplies again, but ask that you go else where for your supplies in the future. "

    This e-mail was sent after they kept hanging up on me, while I was talking (never when they were telling me that I was wrong), so I did indeed go elsewhere for my supplies, immediately. These respiratory supplies are very important for my health, it's quite unreasonable for them to expect me to wait to see if they would finally ship the supplies, ordered originally in August, especially given the tone of their final e-mail, as well as their antagonistic telephone demeanor.

What Claimant Wants Hide
Message from Claimant: I did finally receive a delivery from you (in a box marked as food), but you must not tell the insurance company that I have received a second shipment of supplies, "free of charge," as this is not the case. This is the first and only shipment, if you continue to insist that I recieved this same shipment twice, I will be ineligible for my next due replacements. Since you finally made good on my order (from four months ago), you do not owe the insurance company, or me, any money. You do owe the insurance company an honest explanation and you stil owe me a real apology.
What By When How Much
1. Acknowledge that I did not get anything for free Jan 08, 2013 N/A
Non-cash: 1 items
  • 0
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Respondent's Counteroffer

There has been no response to this claim from Snore No More CPAP Store. This claim will remain posted until resolved
Offer History
Dec 19, 2012
Claimant's Terms of Settlement to Snore No More CPAP Store
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  • Comment: by Sarah Baxa — Online mediator
    • On: 01-01-2013
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  • It seems as though medically speaking you have resolved your issues with supplies and your health is fortunately no longer in jeopardy. It seems reasonable for them to issue an apology but you may have to resign yourself to never receiving one. It seems that tensions had risen too high during a period of time and although a business should make their customers happy, emotion can blur the correct course of action. If an apology is still desired, I would write a letter to them again requesting an apology. My suggestion for you when writing this letter, since it seems the subject can still bring up those feelings of anger, disappointment and indignation at the accusation of dishonesty and theft, is to finish the letter and wait a few days. Reread it to see if there are words or sentences in there that could be inflammatory. I am certainly not saying they are in the right but put yourself in their shoes. They may feel just as justified in this situation as you do. I hope you are able to get the sincere apology you are seeking and if you don't, that you can move on from this unfortunate incident. If this is how they treat their customers, they will not be in business for long. Good luck.
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