Advanced Hearing Technologies Class Action

Craig v. Advanced Hearing Technologies, Inc.
Case No. CV2009-01-0196
Butler County Common Pleas Court
Hamilton, Ohio

Ohio Residents who purchased hearing aid(s) from Advanced Hearing Technologies, Inc. or were sued by Advanced Hearing Technologies, Inc. between January 1, 2006 and January 20, 2009.

 

This lawsuit was filed on January 20, 2009 in the Butler County Common Pleas Court in Hamilton, Ohio against Advanced Hearing Technologies, Inc. by class representatives approved by the Court to represent themselves and others who purchased hearing aids from or were sued by Advanced Hearing Technologies, Inc. from January 1, 2006 through January 20, 2009.

The alleged facts set out in the complaint are as follows:

Alden Craig claims he purchased a hearing aid from Advanced Hearing Technologies.  He signed a form contract which did not tell him of his right to cancel the contract and return the hearing aid within 30 days as required under Ohio Law.  He was later sued by Advanced Hearing Technologies in Small Claims Court located in Ft Wayne, Indiana even though he was an Ohio resident and he purchased the hearing aid in Ohio.  Advanced Hearing Technologies took a default judgment against Mr. Craig and then filed post judgment collection proceedings requiring him to appear in court in Ft. Wayne Indiana.  When he did not appear he received a citation for contempt. 

Mr. Craig contacted an attorney who filed a motion to vacate the default judgment and dismiss the case against Mr. Craig for lack of jurisdiction.  Said collection action was dismissed. 

Mr. Craig passed away in May, 2009 and his son, David Craig, as administrator, was substituted for Mr. Craig as class representative. 

In addition, the court permitted the addition of another class representative, Paul Jacob. 

The alleged facts regarding Mr. Jacob’s claim are set out in his motion to be added as a class representative.

He claims he also purchased hearing aids from Advanced Hearing Technologies.  He also had a form contract which did not tell him of his right to return the hearing aids within 30 days.  He returned the hearing aids.  However, Advanced Hearing Technologies also sued him in Ft. Wayne Indiana to attempt to collect the account.  Mr. Jacob hired an attorney who filed a motion to dismiss the case against him for lack of jurisdiction.  The Ft. Wayne collection case was dismissed against him.

The Plaintiffs claim Advanced Hearing Technologies violated the Ohio Consumer Sales Practices Act by:

1.      Using a contract which does not tell the consumer of his right to return the product within 30 days;

2.      Failing to include the audiologist’s license number;

3.      Suing Ohio resident customers in Indiana in an effort to collect its account;

4.      Adding $600 in attorney fees to its complaint; 

5.      Taking default judgments against Ohio resident customers and filing post judgment proceedings ordering the Ohio resident customer to appear in court in Ft. Wayne, Indiana; and

6.      Filing contempt citations if the Ohio resident customer failed to appear in the collection action in Fort Wayne, Indiana.

The Plaintiffs requested the court make this a class action including all Ohio residents who had similar experiences between January 1, 2006 and January 20, 2009.  The Plaintiffs request the court declare these practices to be deceptive and/ or unconscionable in violation of the Ohio Consumers Sales Practices Act.  Further, that the court issue an order preventing Advanced Hearing Technologies from committing the same deceptive acts in the future.  The Plaintiffs have also asked for statutory damages, economic damages, non economic damages, treble economic damages, attorney fees and court costs. 

This case has been certified as a class action suit.  In a non-class action suit, an individual claim brought under the Ohio Consumer Sales Practices act provides for penalties of $200 per violation in statutory damages or compensation for economic damages, compensation for noneconomic damages up to a maximum of $5,000 and attorney fees.  In some cases, where the act or practice was previously determined by the court or by rule to be deceptive, treble economic damages may be awarded. 

Advanced Hearing Technologies, Inc. denies all claims and is contesting the suit.

The Butler County Common Pleas Court granted the Plaintiffs motion to certify the class on December 1, 2009.

 

Members of the Class are those Ohio residents who purchased hearing aids from Advanced Hearing Technologies or were sued by Advanced Hearing Technologies between January 1, 2006 and January 20, 2009.

In a class action, claims common to a group, called class members, are litigated together.  The results bind all class members.  Class member’s rights will be affected by this lawsuit. 

You are a class member if you either purchased a hearing aid from Advanced Hearing Technologies, Inc between January 1, 2006 and January 20, 2009 or you were sued by Advanced Hearing Technologies, Inc in Indiana during this time.

 

If you are a class member and do not exclude yourself you will remain a class member.  You will be represented by Lead Plaintiffs and Lead Counsel, Pro Seniors.  You will share in any judgment and be bound by the Court’s decisions, whether favorable or unfavorable.  YOU NEED DO NOTHING TO REMAIN A MEMBER OF THE CLASS. 

You will not be personally liable for attorney’s fees or other expenses. 

You may not bring your own suit for the same claims.  However, if you wish, you may be represented in this class action by your attorney at your own expense.

If your address has changed, or changes in the future, please send your new address to Pro Seniors either by mail to 

Advanced Hearing Technologies Class Action Litigation
Notice Administrator
c/o Pro Seniors, Inc.
7162 Reading Road, Suite 1150
Cincinnati, OH 45237

Or call (513) 458-5502 and leave a detailed message

Or email at AHTClassAction@proseniors.org.

 

Class members can  be excluded from the class.  If a class member excludes himself from the class, that member will not share in any recovery, but he will not be bound by the decisions made in this case.  You may pursue your own claim against Defendants, at your own expense.

To Be excludeD, you must MAIL by APRIL 30, 2010 a signed, dated statement (with your name, address and phone number) stating you want to be excluded from the class.

Mail this statement on or before April 30, 2010 to

Advanced Hearing Technologies Class Action Litigation
Notice Administrator
c/o Pro Seniors, Inc.
7162 Reading Road, Suite 1150
Cincinnati, OH  45237 

do not call the Court or the Clerk about this case.

 More Information:  All papers filed in this case can be inspected at:  Clerk’s Office, Butler County Common Pleas Court, 315 High Street, 5th Floor Hamilton, Ohio 45011.

 

The class was certified as a class action on December 1, 2009.

Notice to all class members was mailed on or about February 5, 2010.

The deadline for class members to OPT OUT is April 30, 2010.

Plaintiffs’ will report to the court May 18, 2010 as to all class members who have opted out.

The case is in the discovery process, which means Counsel for Plaintiffs is gathering from Advanced Hearing Technologies information through requests for documents and depositions of key employees of Advanced Hearing Technologies to support its claims.  

A trial date has not been set.

Settlement negotiations continue.  All class members who have not opted out will receive notice of any proposed settlement.  Further, there will be a “fairness” hearing at which time the Judge will be asked to approve the settlement.  If your address changes, please notify Pro Seniors of any change in your address so that you can receive notice of any settlement or further proceedings: 

By mail-

Advanced Hearing Technologies Class Action Litigation
Notice Administrator
c/o Pro Seniors, Inc.
7162 Reading Road, Suite 1150
Cincinnati, OH 45237

By phone - (513) 458-5502 and leave a detailed message

By email - AHTClassAction@proseniors.org.

IF YOU ARE A DEBTOR IN A CHAPTER 13 OR CHAPTER 7 BANKRUPTCY PROCEEDING THAT WAS PENDING ON OR AFTER JANUARY 20, 2009, SEND A COPY OF THIS NOTICE TO YOUR BANKRUPTCY ATTORNEY.