CHICAGO – Two orthodontist offices allege a Chicago company wrongfully removed money from their bank account after it falsely claimed it served an orthodontist.
Glen Ellyn Orthodontic Associates PC and Tinley Park Orthodontic Associates PC filed a complaint on Oct. 18 in Cook County Circuit Court against Align Technology Inc.
According to the complaint, Align falsely claimed it served orthodontist Douglas Price a summons and complaint at an Orland Park office at a time when the office was locked and closed. The suit states that false claim was used to obtain a judgment against him in a California court for $48,669.
The suit states the defendant mailed dozens of copies of a letter dated Aug. 31 to third-party payors and others stating that the plaintiffs were a defendant and debtors in the California suit and should pay $48,669 due to Align.
On Oct. 5, the plaintiffs allege they learned that their account at the bank had no money because of the defendant's letters.
The plaintiffs hold Align Technology responsible because the defendant allegedly had no right to the money in the account and wrongfully took possession.
The plaintiffs request a trial by jury and seek temporary and permanent injunction, return of funds, award of punitive damages, and other relief. They are represented by Richard M. Kates in Chicago.
Circuit Court of Cook County case number 18-L-011308