[co-author: Stephanie Kozol]
On December 29, 2022, Washington Attorney General Bob Ferguson sued Seattle-area plastic surgery provider Allure Esthetic and its owner for falsely inflating Allure’s online ratings in violation of HIPAA, the Washington State Consumer Protection Act, and the Consumer Review Fairness Act. Specifically, AG Ferguson alleged that Allure and its owner:
- Required 10,000+ patients to sign unlawful non-disclosure agreements (NDAs) — before receiving treatment — restricting them from posting negative reviews (anything below four stars).
- Threatened legal action/monetary damages against patients refusing to remove negative reviews.
- Offered incentives to remove negative reviews, such as cash and free services or products, while also “bribing” patients to sign a second NDA that threatened a $250,000 lawsuit if they continued posting negative reviews.
- Altered “before and after” photos to improve procedure results.
- Applied for and kept patient rebates without patient consent.
AG Ferguson’s lawsuit asked the U.S. District Court for the Western District of Washington to:
- Void all signed NDAs and order Allure to inform its patients of their invalidity;
- Bar Allure from enforcing or threatening to enforce its NDAs;
- Mandate penalties of up to $7,500 per violation; and
- Require Allure to pay patient restitution, covering the $100 pre-service consultation fee and any patient-owed cash rebates Allure kept without the patients’ knowledge.
Why This Matters
As stated in AG Ferguson’s press release: “Individuals rely on online reviews to help them find a doctor. According to a 2020 survey, over 70 percent of patients use online reviews as the first step to finding a new doctor. [As such,] patients need accurate information about their doctors to make an informed choice about their medical care.”
