ANA Discussion Forum
General Category => Hearing Issues => Topic started by: JB914 on January 15, 2015, 07:56:13 pm
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Just got this email. And they owe me $2000 for an overcharge. >:(
Dear Customer,
As you may know, the Centers of Medicare and Medicaid Services (CMS) recently made decisions to restrict coverage of novel solutions for hearing loss, with consequences for patients, clinicians, and future innovation. In the wake of these decisions and after pursuing all alternatives, Sonitus Medical has ceased operations with deep regret.
The company is still exploring a transaction for the assets of the business, and depending on the outcome of that process, you may be contacted by a future owner. Due to the constraints of this process, we are unable to respond to customer inquiries or to complete any orders that are not yet shipped.
We appreciate your belief in the importance of a novel nonsurgical option, and it has been a privilege to provide service to you.
Best regards,
Sonitus Medical
Makers of the SoundBite Hearing System
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I got the email too. I was making payments so I guess I stop the automatic payments. Interesting that this happened so quickly and can not contact anyone.
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I already had to have my microphone replaced. :( Hopefully there will be a way to still get that fixed in the future.
I got an EOB from my insurance that showed i overpaid by $2700. I have been trying for the past 45 days to get my $2700 back. I was told a few weeks ago by the head of Finance at Soundbite they would either credit back my card or issue a check. Never happened.
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That is terrible. My audiologist was shocked by it all. They are trying to figure out what to do
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I was making payments so I guess I stop the automatic payments.
Be careful about that.
They might not be selling and servicing anymore but I'll bet dollars to donuts they'll enforce existing receivables.
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Interesting thought
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I still wouldn't pay them. They're not going to be around to uphold their end of the bargain, let them pound salt on their collections.
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If they are not in business and have not notified us of who is taking over the company who do you pay
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I sent both mouth pieces back for repair in December and got the email that they were no longer in business. They kept my devise I paid out of pocket for. Needless to say I am quite upset and can't afford to replace it with anything else. My audiologist was just as shocked. They didn't get any warning or notice either. I guess this leave me out several thousand dollars.
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I am not a SoundBite wearer. However, I have followed this product since it was introduced.
If I had invested money in this product and they had my device for repairs, I certainly would follow all avenues possible to either receive my repaired device or my money back. If they are able to sell the company to another company, the new company surely would have to honor repairs in progress. If they are in bankruptcy, you should be able to recover some of the money spent.
What a mess for the unsuspecting patient/consumer!
Medicare/medicaid has never paid for hearing aids that were not implanted in a person's body. I am not quite sure why Sonitus thought CMS would change its mind for this removable device.
Just my thoughts .....
Clarice
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I am not a SoundBite wearer. However, I have followed this product since it was introduced.
If I had invested money in this product and they had my device for repairs, I certainly would follow all avenues possible to either receive my repaired device or my money back. If they are able to sell the company to another company, the new company surely would have to honor repairs in progress. If they are in bankruptcy, you should be able to recover some of the money spent.
What a mess for the unsuspecting patient/consumer!
Medicare/medicaid has never paid for hearing aids that were not implanted in a person's body. I am not quite sure why Sonitus thought CMS would change its mind for this removable device.
Just my thoughts .....
Clarice
This is good general advice but a buy-out company may not (is unlikely to) accept outstanding repair and warranty liabilities of the failed company. Nothing to lose by trying, though.
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OMG this is awful. My daughter got one last Spring...we actually got payment from our insurance...but what is distressing to me is there will never be further development...or replacements if needed in the future. I am very sad,...very upset!
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Yes, it is sad
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OMG this is awful. My daughter got one last Spring...we actually got payment from our insurance...but what is distressing to me is there will never be further development...or replacements if needed in the future. I am very sad,...very upset!
This is what bothers me the most, I now have the device, but, no way to get it repaired.
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I found the following article online but haven't been able to confirm the bankruptcy filing mentioned in the last paragraph. I checked PACER which is the US Court case search portal and came up empty. I'll check again at some point. It's just possible that it hasn't been entered into the court system yet.
Those of you who are making payments on your Sounbite might be paying finance companies and not Sonitus. If you are paying directly to Sonitus and bankruptcy has been filed then the money is being supervised by the US Bankruptcy Trustee and will be used to pay off the company's secured creditors after which there is likely to be nothing left to apply to unsecured creditors or warranty work.
The company may have closed its doors and is not conducting normal business or warranty work but they aren't "out of business" with regard to receivables. There is still a business entity there for the purpose of collecting incoming revenue and is likely to remain until all remaining revenue is collected and the company is officially dissolved under the US Bankruptcy laws.
Sonitus Medical to Hold Auction After Closing Its Doors
Published on February 10, 2015
Sonitus Medical, San Mateo, Calif, announced on February 9, 2015 that it has closed its doors, and the company facility and its equipment will be up for auction in the next 2 weeks. According to Sonitus, this is an opportunity for hearing healthcare clinics and hearing aid manufacturers to purchase metrology equipment and testing tools at lower-than-market prices. A global online auction of all Sonitus Medical’s items will be held on February 18 and 19, 2015.
Some of the items available for purchase from Sonitus Medical include electronic test and measurement equipment, clinical audiometers, battery analyzers, test chambers, microscopes, scanners, test benches, office furniture, and more. A complete list of hearing healthcare assets available for purchase can found on the Sonitus Medical page on the Silicon Valley Disposition (SVD) website.
Sonitus Medical is the maker of the Soundbite Hearing System, a non-surgical bone conduction hearing device intended to be used as an alternative to hearing aids for people with single-sided deafness. The company reportedly filed for bankruptcy in mid-January 2015.
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My charger just broke and I'm freaking out. What do I do?
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got email today from Sonitus:
Dear SoundBite Customer,
As you know from an earlier communication, Sonitus Medical, Inc ("Sonitus" or "Company") was forced to discontinue operations as of this past January 9, 2015 in the wake of decisions by the Centers of Medicare and Medicaid Services (CMS) to restrict coverage of novel solutions for hearing loss. We are now aggressively pursuing a sale with the goal of finding a home for our technology and support for SoundBite customers. We do not have a specific timeline for these activities, but are targeting a final resolution in the next 60 days and ask for your continued patience.
As part of this process, the Company has entered into a process on February 4, 2015 known as an Assignment for the Benefit of Creditors (“ABC”) to protect the assets of the Company and expedite the sale process. Within 30 days from the date of the ABC you will be receiving an official email regarding the process and the potential for future support. Due to the constraints of this process and with our apologies in advance, we are no longer staffed to respond to ongoing inquiries at this time.
Best regards,
Sonitus Medical
Makers of the SoundBite Hearing System
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JB
I got the same email yesterday. Very setting not knowing how to get repairs made.
got email today from Sonitus:
Dear SoundBite Customer,
As you know from an earlier communication, Sonitus Medical, Inc ("Sonitus" or "Company") was forced to discontinue operations as of this past January 9, 2015 in the wake of decisions by the Centers of Medicare and Medicaid Services (CMS) to restrict coverage of novel solutions for hearing loss. We are now aggressively pursuing a sale with the goal of finding a home for our technology and support for SoundBite customers. We do not have a specific timeline for these activities, but are targeting a final resolution in the next 60 days and ask for your continued patience.
As part of this process, the Company has entered into a process on February 4, 2015 known as an Assignment for the Benefit of Creditors (“ABC”) to protect the assets of the Company and expedite the sale process. Within 30 days from the date of the ABC you will be receiving an official email regarding the process and the potential for future support. Due to the constraints of this process and with our apologies in advance, we are no longer staffed to respond to ongoing inquiries at this time.
Best regards,
Sonitus Medical
Makers of the SoundBite Hearing System
[/quote]
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Good news on my charger, I received a tip from another member that it might be that I shorted the power adapter and not the actual docking station (all 3 lights weren't working), so I tried with a different 5V-USB wall charger and it works again! I'm still pretty anxious about the future of Soundbite support, but at least I'm not without the device until they get their act together.
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I have never received an email and thought that it was odd that somebody called me to tell me that they were no longer taking automatic payments from my checking. They wondered if I could start mailing them the checks. I have 3 payments left of $83.33 equaling $249.99. Whom ever called stated I owed over $300 and gave me an address in Mountain View CA. This address is a business consulting/ liquidation firm listed as
Sherwood Partners, Inc.
1100 La Avenida Street, Building A
Mountain View, CA 94043
Phone: 650-454-8001
Fax: 650-454-8040
E-mail: info@shrwood.com
I think I will be giving them a call. If there is no longer a company to service my Soundbite then I see no reason to pay my balance.
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I think I will be giving them a call.
Make sure you insist that they provide documentation that authorizes them to collect for Sonitus or the bankruptcy court (if applicable) before you do anything else.
If there is no longer a company to service my Soundbite then I see no reason to pay my balance.
Wrong.
You have a contract. You are bound by it. One way or another there will be a successor entity that's entitled to the money.
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They have not filed bankruptcy but have hired a liquidation firm as alternative to bankruptcy.
"Sherwood Partners is one of the leading advisory firms in alternative solutions to bankruptcy. These wind-down services are called Assignments for the Benefit Of Creditors (ABCs) or Managed Liquidations. " states their website
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They have not filed bankruptcy but have hired a liquidation firm as alternative to bankruptcy.
I would still be looking for some written documentation before sending any money.
But that's just me.
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I called the firm and they were very surprised to hear from me since they blocked their number and the person who called gave me a fatuous name. They said that they would have the person in charge of that account email a document of such and call if there is an further questions. Thanks for the advise.
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I keep on watching my email and spam folder. Nothing yet. I will keep you posted.
Sue
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OMG this is awful. My daughter got one last Spring...we actually got payment from our insurance...but what is distressing to me is there will never be further development...or replacements if needed in the future. I am very sad,...very upset!
This is what bothers me the most, I now have the device, but, no way to get it repaired.
Depending on what any future problem with your daughter's device might be, all is not lost. The Soundbite, for all it's novel design, has many components common to the hearing aid industry and a competent hearing aid repair facility may be able to help you. The BTE component is very similar to such units in the industry and many simple repairs are possible. The charger is a fairly simple device and like most electronic devices, the cables and connectors are the most likely causes of failure but can be checked and possibly repaired by an electronics repair technician or other person familiar with battery chargers and small power supplies.
Good Luck!
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I stopped my automatic payment so I am interested also in who I pay or if the item can be returned since they are out of business.
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I stopped my automatic payment so I am interested also in who I pay or if the item can be returned since they are out of business.
That probably was not a good idea. I noted earlier that Sonitus is not "out of business." It still exists, it just isn't doing any new business nor providing services for old business.
You still have a contract to pay for the items you purchased and you've just breached it.
I doubt if your contract allows you to cancel and return the items. Read it.
If your contract is with Sonitus I suggest you contact that Sherwood Partners mentioned earlier and make arrangements to continue paying lest you end up with a collection agency on your tail and trashed credit.
If your contract is with a third party finance company, call that company and make arrangements to continue your payments or pay off the balance.
I would caution anybody reading this that Sonitus is entitled to its money for items already sold and has a right to enforce those contracts.
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Just my two cents as I have "no dog in the hunt",,,,
But as I see it, Jack is saying " you are breaching your contract by not paying for what you got,, Soundbite,, but they have breached your contract by not upholding their end in providing any support for item they sold you ,and "quitting business ",,, plus I wouldn't be paying anyone without written evidence from a court as to why I should be paying someone else instead of whom I contracted with.... All too strange!!
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My contract says after one year I can return item if not satisfied. I will contact the mentioned company. What a mess.
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What company do I contact about payments?
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Until Sherwood Partners, Inc. provides documentation that authorizes them to collect for Sonitus I will not pay. It was been four days and I still have heard nothing. No email, no call. And as far as the automatic payments go, Sonitus was the only company to be authorized to deduct money from my account. This is why my withdrawals stopped. It was not on my part. I will let everybody know on what I hear.
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Just my two cents as I have "no dog in the hunt",,,,
Neither do I, but I have a substantial amount of "legal" background and I'm willing to share my knowledge of the contractual and business issues similar to those raised by the Sonitus situation.
But as I see it, Jack is saying " you are breaching your contract by not paying for what you got,, Soundbite,, but they have breached your contract by not upholding their end in providing any support for item they sold you ,and "quitting business ",,,
Unfortunately, that's not how contracts work. The company has to have made a specific promise in the contract and it is that promise that has to be broken for the company to be in breach. If there is no provision in the contract for ongoing "support" then failing to provide that support is not a breach, nor is going out of business. On the other hand the party making payments on the purchase is still obligated to continue to make the payments.
I wouldn't be paying anyone without written evidence from a court as to why I should be paying someone else instead of whom I contracted with
I agree with that but would caution anybody who is withholding payment to put that money aside and not spend it. There may come a day when you have to pay it.
My contract says after one year I can return item if not satisfied. I will contact the mentioned company.
Are you sure that's what it says? It's usually the other way around. Perhaps you can quote that provision word for word so you can make sure.
What company do I contact about payments?
That Sherwood Partners would be my guess.
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Until Sherwood Partners, Inc. provides documentation that authorizes them to collect for Sonitus I will not pay. It was been four days and I still have heard nothing. No email, no call. And as far as the automatic payments go, Sonitus was the only company to be authorized to deduct money from my account. This is why my withdrawals stopped. It was not on my part. I will let everybody know on what I hear.
No kidding. WhoTF is Sherwood partners and why should you send them money? I could be Sherwood partners for all you know. With all the fraud going on, sherwood could be something made up by the North Koreans. Send money to Sherwood and then get a notification that some other entity is collecting for sonitus and where does that leave you?
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No kidding. WhoTF is Sherwood partners and why should you send them money? I could be Sherwood partners for all you know. With all the fraud going on, sherwood could be something made up by the North Koreans. Send money to Sherwood and then get a notification that some other entity is collecting for sonitus and where does that leave you?
I think the point has been well made NOT to send money to Sherwood Partners without documentation of them being authorized to collect on behalf of Sonitus.
However, contact with Sherwood Partners is recommended to determine any liability for future payment instead of sitting back complacently and being sandbagged by a collection agency at some unspecified future date.
The decision to be proactive or passive is that of the beholder.
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I contacted Sherwood Partners. They are working on who owes what etc. They take only checks for payment not credit cards. They told me to wait until I get a formal repy about what is going to happen. They hope someone buys the product. They seemed nice but do know know them. So I am waiting to hear what happens next. I am not sending any money until I get a legal document about payments. They are suppose to send out another email concerning the company.
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A thought occurred to me.
If any of you paid by credit card within the last 30 to 90 days (YMMV) you might be able to dispute the charge with your credit card company and get the item reversed.
Make sure you carefully read and follow your credit card company's rules about how to do this.
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They told me they canceled all credit card automatic payments.
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I'm wondering if there is a suggested course of action for my situation. I paid for mine in full, still under warrantee and both mouthpieces were defective. I was instructed to send them in for repair which I did back in December, 2014. I haven't received any communication since then and did not receive the mouth piece back. Situation is quite unfortunate and frustrating. I made the last payment in December!
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I'm wondering if there is a suggested course of action for my situation. I paid for mine in full, still under warrantee and both mouthpieces were defective. I was instructed to send them in for repair which I did back in December, 2014. I haven't received any communication since then and did not receive the mouth piece back. Situation is quite unfortunate and frustrating. I made the last payment in December!
Other than calling up to try and find out what happened to your items, there isn't likely to be any other course of action.
You are, unfortunately, an unsecured creditor and at the bottom of the list of all creditors that have claims against the company.
You could try a lawsuit in small claims court for breach of contract but my guess is that the defendant will hang you up in court for six months to a year and will just ignore any judgments.
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So Jack, this is the email I received. The link to "proof of claims" is about a company called Luvocracy. Isn't this email for people that Sonitus owes not the other way around? Now what? This is not my forte.
Dear Customer:
Please note that Sonitus Medical, Inc. (“Sonitus”) has undertaken an assignment for the benefit of creditors (“Assignment”) as of February 4, 2015 and appointed an Assignee. “Proof of Claim” notices are a required formality of an assignment process
Under California law, the Assignee is required to send a notice regarding the Assignment, along with a “Proof of Claim” form. A copy of the document evidencing the Assignment is available at: http://www.proofofclaims.com/Sonitus/documents/. This notice is a required formality within 30 days of the start of an Assignment in California to determine monies owed by Sonitus. The Assignee is required to provide a mechanism for any party who maypotentially have a claim against Sonitus to file their claim. That mechanism is a Proof of Claim.
Why you were sent a Proof of Claim
:
A Proof of Claim is being sent to all parties who have interacted with Sonitus during the last couple of years to ensure that if they believe they have a claim, it is accounted for. This is not a confirmation that you necessarily have a claim against Sonitus.
Proof of Claim’s are exactly what they sound like. If you believe Sonitus owed you money prior to February 4, 2015 (Assignment date) and has not paid you, you’ll need to fill out a Proof of Claim form online before August 10, 2015. A Proof of Claim is available at: http://www.proofofclaims.com/Sonitus/. The language on the Proof of Claim form is formal and legalistic, but it is a necessary part of the process as we work to resolve the situation.
Please do not reply to this email. Replies to this message are routed to an unmonitored mailbox and device
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So Jack, this is the email I received. The link to "proof of claims" is about a company called Luvocracy.
I get an error message when I try either of those links so I don't know where the Luvocracy is coming from.
When I googled proofofclaims.com I came up with the instructions for a proof of claim:
http://www.proofofclaims.com/PDF/pocinstructions.pdf
And a sample proof of claim form that can be printed out:
http://www.proofofclaims.com/PDF/pocform.pdf
But here's the online form already prepared for Sonitus:
https://adobeformscentral.com/?f=F9NKXh03uZ7UZHgg%2Av1OmA#
Isn't this email for people that Sonitus owes not the other way around?
Yes.
But notice is sent to all customers because a customer can potentially become a creditor. For example, if you needed warranty work and the company wouldn't perform it you'd have to get your repairs done elsewhere, pay for them, and file a claim with Sherwood Partners.
If you paid for your product and didn't get it you file a claim for the amount you paid.
At the moment you do not appear to need to fill out the form but I've posted the correct links in case anybody else has to.
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Thank you so much Jack for looking into this for me. Your advice and help are greatly appreciated. Now I just wait for the document stating that they are able to collect on Sonitus' behave. (Saving those payments)
PS I love AZ. We have traveled there for years. We have good friends in Scottsdale. My daughter just moved to San Tan Valley. We plan on snowbirding there in a few years.
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PS I love AZ. We have traveled there for years. We have good friends in Scottsdale. My daughter just moved to San Tan Valley. We plan on snowbirding there in a few years.
I moved to AZ from NYC in 1972. San Tan Valley is another country compared to where I live in North Phoenix. ;D
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I warned you all back in 2012 and people didn't believe. The chair of GW ENT was very angry at me for these posts as was Dr. Monfared.
http://www.anausa.org/smf/index.php?action=search2
Mei Mei
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I warned you all back in 2012 and people didn't believe. The chair of GW ENT was very angry at me for these posts as was Dr. Monfared.
http://www.anausa.org/smf/index.php?action=search2
Mei Mei
That link doesn't work but here's a link to one of the pages discussing SoundBite in 2012 that contains your prophetic admonition:
http://www.anausa.org/smf/index.php?topic=10753.15
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Thank you....I just feel badly for all these people that got duped. I asked the DC Local Support Group to invite my audiologist to present all the options but they never call him so I dropped out of the DC Group. They instead were having the GW doc keep coming so I was not that happy with the DC Group. I instead prefer the NYC and Boston Group nearby relatively so for good and impartial information. The GW docs are not speaking to me.
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My local group had a SoundBite demo about 2 years ago. I tested one, it didn't work. The demonstrator was having trouble with a couple of the others. I wasn't impressed with the gimmick in the first place.
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Can someone explain this, please! You probably received the email from Sonitus with the attachment to submit a proof of claim and documentation to Luvocracy LLC. The address is a PO Box in Mountain View, CA and their email appears to be for Sherwood Partners. I googled Luvocracy LLC and I don't understand how they are involved and who needs to fill out a claim form. Can someone explain this to me? I have a Soundbite, paid in full, and a warranty without a company to honor it.
Thanks!
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Can someone explain this, please! You probably received the email from Sonitus with the attachment to submit a proof of claim and documentation to Luvocracy LLC. The address is a PO Box in Mountain View, CA and their email appears to be for Sherwood Partners. I googled Luvocracy LLC and I don't understand how they are involved and who needs to fill out a claim form. Can someone explain this to me? I have a Soundbite, paid in full, and a warranty without a company to honor it.
Thanks!
I don't know where people are getting that Luvocracy LLC from.
A person or business would fill out a claim form if that person or business was a creditor of Sonitus.
Notice is sent to all customers because a customer can potentially become a creditor.
For example, if you needed warranty work and the company wouldn't perform it you'd have to get your repairs done elsewhere, pay for them, and file a claim with Sonitus (Assignment for the Benefit of Creditors), LLC.
If you paid for your product and didn't get it you file a claim for the amount you paid.
If you are, or expect to become, a creditor of Sonitus, please go to the following link:
http://www.proofofclaims.com/Sonitus/documents/
There you will see links to four documents that you can read on your computer if you have Adobe Reader (or probably any pdf reader).
Those documents are:
Sonitus - Notice: This is the notice to creditors about the assignment from Sonitus Medical, Inc. to Sonitus (Assignment for the Benefit of Creditors), LLC (an unrelated company apparently created to handle creditors so Sonitus Medical, Inc doesn't have to). The notice provides an address for the claim form and a deadline date of 8/10/15 to submit one's claim.
Sonitus - General Assignment Agreement: This is the contract between Sonitus Medical, Inc and Sonitus (Assignment for the Benefit of Creditors), LLC.
Sonitus - Proof of Claim Form Instructions: Self Explanatory.
Sonitus - Proof of Claim Form: Self Explanatory.
Note: There is also an online form at:
https://adobeformscentral.com/?f=F9NKXh03uZ7UZHgg%2Av1OmA#
Sherwood Partners is not mentioned in any of the documents. However, my guess is that Sherwood Partners created the LLC because the address for Sherwood Partners (1100 La Avenida Street, Building A, Mountain View CA 94043
http://www.shrwood.com/Contact-Us
Is the same as Sonitus (Assignment for the Benefit of Creditors), LLC according to California's Secretary of State's LLC search.
Entity Name: SONITUS (ASSIGNMENT FOR THE BENEFIT OF CREDITORS), LLC
Entity Number: 201503510516
Date Filed: 02/04/2015
Status: ACTIVE
Jurisdiction: CALIFORNIA
Entity Address: 1100 LA AVENIDA ST BUILDING A
Entity City, State, Zip: MOUNTAIN VIEW CA 94043
Agent for Service of Process: MICHAEL A MAIDY
Agent Address: 1100 LA AVENIDA ST BUILDING A
Agent City, State, Zip: MOUNTAIN VIEW CA 94043
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If they had my property, and refused to send it back, I would be looking at this:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9 (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9)
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If they had my property, and refused to send it back, I would be looking at this:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9
And you'd get nowhere. The police would tell you it's a civil matter (breach of contract) and wouldn't likely to take a report. Even if they did take a report, there would be no action on it.
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If they had my property, and refused to send it back, I would be looking at this:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9
And you'd get nowhere. The police would tell you it's a civil matter (breach of contract) and wouldn't likely to take a report. Even if they did take a report, there would be no action on it.
It depends on the cop and the department. I worked for a slack department with slack cops who would try to bushel just about anything off as a "civil matter". I was a square peg there and often pursued such matters. I had the whole detective bureau and no less than 3 supervisors all the way up to deputy chief try to get me to bushel off a report I had already written one time where a group of scum were defrauding an old lady who suffered from dementia. All three suspects ultimately plead out to 24 month prison terms and it was their second offense against the same woman. In a county where murder could be plead out to simple assault, 24 months on a plea is a big deal. So much for what "everybody" thinks.
Also, you don't need the police to file a criminal complaint. I'm surprised you don't know this. All you need is an affidavit to the court clerk and you can file your own. Also, there is the Attorney General's office. You'd be surprised at how a phone call from an AG's office can get the "impossible" done in minutes.
Better to light a candle than curse the darkness I always say.
Intentionally withholding the property of another is THEFT in any state. Add in any interstate correspondence regarding same and it may be mail fraud which can get action for the Postal Inspectors involved. You'd be surprised how quick that device sitting on a shelf can suddenly end up in the mail on it's way back to it's rightful owner.
There is also "Theft by Deception". This involves creating a "false impression" to commit larceny. The standard needed to charge someone is "Probable Cause". PC is lower than even "Preponderance of Evidence", it's very low standard. Judges know this, people who watch TV shows don't. You don't need "Clear and Convincing" evidence to file a criminal charge. Get the charge filed and see how fast the suspects might look to resolve the situation.
I don't know enough about the intentions of sonitus. There are some suggestions that they were nothing more than a fraud from the getgo. Or, maybe they were legit and just failed due to various business reasons. Either way, if they cost me ten grand and tried to skip out on it, I'd be trying to give them a little payback instead of sending them continued payments and hoping all works out well.
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I don't know enough about the intentions of sonitus. There are some suggestions that they were nothing more than a fraud from the getgo. Or, maybe they were legit and just failed due to various business reasons. Either way, if they cost me ten grand and tried to skip out on it, I'd be trying to give them a little payback instead of sending them continued payments and hoping all works out well.
OK. You know best.
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OK. You know best.
Oh, I'm truly sorry that my real life experiences prosecuting actual real life frauds has your knickers all bunched up. I'll make it a point to deffer to your unchallenged wisdom instead of engaging in the free exchange of ideas next time so as not to upset you :-X
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Hi all,
Although the information you're sharing here is highly valuable, we must reset your tone in which your sharing the information. Everybody is offering wonderful insight and yet I remind everybody to be respectful of others experiences and insights. Please be respectful of one another out here.
I am watching this thread carefully. Thank you
Phyl
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OK. You know best.
Oh, I'm truly sorry that my real life experiences prosecuting actual real life frauds has your knickers all bunched up. I'll make it a point to deffer to your unchallenged wisdom instead of engaging in the free exchange of ideas next time so as not to upset you :-X
OK, you win.
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:( I really feel badly that so many of you got hurt and are still hurting. For future reference to get over the hurt, check out a company and if they say it is a pilot study which they did in the papers GW presented to me or the email, then don't bring the pen to the table as with the Time Share Tables. If it is a Pilot, then you are buying a Beta version as I posted somewhere here before. Other people are getting it for free and then google the Clinical Trials which I did and Voila, up they jumped and Sonitus was in NIH Clinical trials and other people were getting it for free. It smelled bad. So I took my pen and went home. I didn't win the Ms. Congeniality contest but my credit card didn't melt either. Medicine is a business just as cars and mortgages and Time Shares.
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Well I received a bill from somebody. It is the letterhead from Sonitus with a phone number on it. The number 650-739-3188 is a Tracfone Mobile in Palo Alto CA. No answer, imagine that. I was directed to Debbie Johnston's voice mail and asked her to return my call asking for document that they are legally able to collect on Sonitus' behave. Wikipedia stated that they filed bankruptcy Thursday January 15, 2015 once Medicare refused to pay for the device.
The saga continues..........
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Wikipedia stated that they filed bankruptcy Thursday January 15, 2015
Wikipedia is wrong. I check the US Bankruptcy Court search feature (PACER) periodically (including just now) and there is no bankruptcy case listed for Sonitus.
Where Wikipedia makes the erroneous statement it refers to a footnote source that doesn't mention bankruptcy. See for yourself:
https://en.wikipedia.org/wiki/SoundBite_Hearing_System
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Yes, I read it and it states " It ceased operations in mid-January, and is in the process of a liquidation sale." But what about the bill. Anybody else receive a bill?
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But what about the bill.
You should know whether you owe it or not.
If you do owe it, it's your choice to pay it or not pay it.
Just understand that the company is not completely "out of business." It has suspended much of its operations and hired a company to handle its debts. But, from the point of view of its receivables it still has a right to collect for product that it has sold on which payments are due.
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First time poster, but have been reading this forum for a few years now.
I was recently contacted by the same Debbie as another poster in this thread. I actually got my Soundbite device shortly after Sonitus Medical sent their email declaring their ceasing of business operations. I was given the option of paying half of my balance or returning the device and being charged nothing further. I'm trying to decide which to do, with my main concern being a lack of warranty. I'm curious what others have experienced regarding the reliability of the device? I also have to admit that I haven't been blown away by the device, although I think my expectations maybe were too high because it clearly transmits sound - I'm just not seeing it as big of a boost in noisy environments as I had hoped and I haven't had any improvement in directionality. Any thoughts would be welcome! :)
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First,, welcome!
I can't speak to the Soundbite as I have a Cochlear BAHA Device.
I was SSD for three years before getting it this past Dec. Like you, I feel I had too high expectations for it. I am not totally taken with it as some will tell you they are. It gives me sound, as you say, from that side; however, conversation is not that good. If you are SSD, as I suspect,, you won't get directionality from any device that I am aware of due to the fact that you don't have "hearing " on that side so all sound from any device goes to "good"ear to be heard.
Noisy environments are a problem for most hearing devices also.
Just my two cents worth,, I think I would cut my losses and return the device as you know there will probably not be any warranty or repairs in the future,,,,and you could perhaps get something that would be supported in the future and maybe give you better hearing,.,,,,you may be one that likes the BAHA better than I also.
Good luck to you whatever you decide. I'm sure some other Soundbite owners will be posting too.
Jane
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I would return the device.
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First time poster, but have been reading this forum for a few years now.
I was recently contacted by the same Debbie as another poster in this thread. I actually got my Soundbite device shortly after Sonitus Medical sent their email declaring their ceasing of business operations. I was given the option of paying half of my balance or returning the device and being charged nothing further. I'm trying to decide which to do, with my main concern being a lack of warranty. I'm curious what others have experienced regarding the reliability of the device? I also have to admit that I haven't been blown away by the device, although I think my expectations maybe were too high because it clearly transmits sound - I'm just not seeing it as big of a boost in noisy environments as I had hoped and I haven't had any improvement in directionality. Any thoughts would be welcome! :)
If you've only been paying for a few months and still have a large balance I'd also suggest returning it and getting out from under, especially since you don't appear satisfied with the device's performance.
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Here is the link to Sonitus Proof of Claim form, including unsecured claims:
http://www.proofofclaims.com/Sonitus/documents/
This form MUST be submitted before August 10, 2015.
I sent my form and enclosures with a tracking number, so delivery was confirmed. I enclosed a stamped, self-addressed envelope as suggested, for confirmation they received it, and it has not been returned to me. This does not increase my confidence in the company handling the claims. I intend to continually send faxes requesting response and will resend the entire package if needed. I also included an explanation of why I deserve full reimbursement and why I think Sonitus provided misleading information to me.
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I intend to continually send faxes requesting response and will resend the entire package if needed. I also included an explanation of why I deserve full reimbursement and why I think Sonitus provided misleading information to me.
I seriously doubt that they'll be acknowledging receipt from anybody.
What was your justification for full reimbursement?
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* I feel strongly that I should be reimbursed for the entire Sonitus purchase, including related exam and other charges, because without the ongoing support and replacement that was promised, my investment of over $6,000 has little value. I would never have even considered purchasing such a costly hearing device for less than two years of service.
* I think the principals of Sonitus are directly responsible, because I was assured in 2013 that Medicare approval to cover the system was highly unlikely in the near future. I was told that they had no reason to expect Medicare approval and that I should purchase the system without that expectation.
* Only after I was reassured that Medicare would not cover the purchase if I waited to buy it, I agreed to pay the entire cost myself. So the assertion by Sonitus that they couldn’t continue in business due to Medicare not approving the device for coverage is meaningless at best.
* When I signed my agreement and started payments in 2013, they made it clear to me that they did not anticipate Medicare approval in the near future. So how can they now claim that they are disappointed to inform their clients that unfortunately this is the reason they cannot continue in business?
To arizonajack, why do you say: "I seriously doubt that they'll be acknowledging receipt from anybody." The form requests a stamped, self-addressed envelope for the purpose of confirming receipt.
To anyone: Is there a local, state, or national government agency responsible for overseeing a company handling claims of this type?
Thank you.
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* I feel strongly that I should be reimbursed for the entire Sonitus purchase, including related exam and other charges, because without the ongoing support and replacement that was promised, my investment of over $6,000 has little value. I would never have even considered purchasing such a costly hearing device for less than two years of service.
* I think the principals of Sonitus are directly responsible, because I was assured in 2013 that Medicare approval to cover the system was highly unlikely in the near future. I was told that they had no reason to expect Medicare approval and that I should purchase the system without that expectation.
* Only after I was reassured that Medicare would not cover the purchase if I waited to buy it, I agreed to pay the entire cost myself. So the assertion by Sonitus that they couldn’t continue in business due to Medicare not approving the device for coverage is meaningless at best.
* When I signed my agreement and started payments in 2013, they made it clear to me that they did not anticipate Medicare approval in the near future. So how can they now claim that they are disappointed to inform their clients that unfortunately this is the reason they cannot continue in business?
To arizonajack, why do you say: "I seriously doubt that they'll be acknowledging receipt from anybody." The form requests a stamped, self-addressed envelope for the purpose of confirming receipt.
To anyone: Is there a local, state, or national government agency responsible for overseeing a company handling claims of this type?
Thank you.
I agree with your entire assessment of their conduct.
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Thanks, ANGuy for your validation of my statements. I think those affected should let their experience be known on this forum or elsewhere. The principals of Sonitus and also whoever is supposedly handling claims should feel the pressure. The Assignee is named: Sonitus (assignment for the enefit of creditors), LLC. They certainly must have an obligation to creditors, including those with unsecured claims like the purchasers of the costly Sonitus Soundbite. Where are they? Why are they not doing a simple thing like returning a stamped, self-addressed enveloped enclosed in a claim package as instructed?
Has anyone else completed and mailed the claim form? It is a simple form that can be completed in minutes. However, you may want to include copies of any backup information to support your claim. Be sure to send it with some sort of proof of delivery or receipt.
Here is the link to Sonitus Proof of Claim form, including unsecured claims:
http://www.proofofclaims.com/Sonitus/documents/
This form MUST be submitted before August 10, 2015.
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So do I. And I can understand everybody's anger and frustration from having spent a lot of money on a product that will no longer be serviced.
I just hope nobody thinks I'm defending the company.
All I'm trying to do is point out legal issues and realities that I'm aware of and I can guarantee that you won't like them.
Once the company liquidates all its assets it will pay off secured creditors first. Next in line are unsecured creditors to whom the company owes money from the purchase of goods and services.
Customers who have purchased product are generally not creditors unless they have purchased a service agreement that the company cannot honor and nobody else can because of the uniqueness of the product.
Those unsecured creditors MIGHT get offered pennies on the dollar but nobody is getting a full refund for any product that they have already fully paid for. It just isn't going to happen no matter how valid your reasoning appears to be.
It's just as if you bought a truck from GM, paid it off, and GM went out of business. (It didn't but it came close.) I don't think anybody would realistically imagine that they would get a full refund on the truck just because GM could no longer provide warranty service.
As for those customers who still have a balance due, those contracts are legally enforceable despite the financial condition of the company. They are called receivables and are a company asset that has value.
Those of you who have been offered the option of sending back the product with no further charges or paying only half the balance owed while keeping the product would be wise to choose whichever option makes better financial sense to you.
You might wonder why the company wants the product back if they are going to be out of business. Simple. Salvage value. There are companies that specialize in salvaging the elements that go into producing this equipment and will pay some for thousands of them. Even a few dollars per item can translate into thousands of dollars.
As for the acknowledgments in the stamped self addressed envelopes, you might get them eventually but I wouldn't hold my breath. They are probably just sitting in a pile while other things are being taken care of first. Besides, the deadline for a claim is August so I wouldn't expect any response until after that and not right away either. It's just the way those things work - very slowly.
As for the involvement of government agencies, yes, every state has some sort of consumer protection agency with which you can file a complaint if it makes you feel better. But that's about all it will do as the company is not doing anything illegal (as far as I can tell) that would necessitate a government agency getting involved.
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Sonitus going out of business is not the same as GM going out of business. If GM went out of business, there would be countless other companies competing to sell replacement parts and service to GM car owners. My Sonitus Soundbite will eventually sit in a drawer until I decide my $6,000 purchase is totally useless and discard it. In addition, as I said previously, I think it was misleading of Sonitus to confirm that Medicare would not pay for my device, thereby prompting me to pay the full price without insurance. So they knew from the start they would not have Medicare approval. They took in a lot of money from a lot of people during the time they had that knowledge until they closed their doors.
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I suffered a sudden and complete hearing loss in my right ear in my late 40's while Soundbite was still in it's research phase. I found a little article in an audiologist's magazine while at an appointment and immediately started emailing Sonitus begging them to let me be a part of their trial/testing phase for the Soundbite. My job (law enforcement) obviously has a hearing requirement, and I was removed from my position of 20 plus years immediately because of my hearing loss. I drove hundreds of miles multiple times to become a guinea pig for the Soundbite, and still paid thousands of dollars to be one, but I did get my job back after I could pass a hearing test with the Soundbite in. I'm not sure what this means for me now. My Audiologist wrote to me that they would continue to be able to make adjustments to them if I needed that, but could not repair or replace any parts. The batteries in the soundbite wear out quickly and wont hold a charge after a while. Hopefully I will be able to find someone that may be able to take them apart and replace them. I feel fortunate that the Soundbite saved my job, but now I'm pretty nervous about what's going to happen when they stop working. I can't believe they went under so quickly. ??? ???
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I'm pretty nervous about what's going to happen when they stop working.
I suggest that NOW would be a good time to explore other methods in preparation for the inevitable demise of your Soundbite equipment.
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I'm not surprised.
My doc's office made the decision to not carry the Sound Byte or offer it to their patients as they didn't feel it was "going" anywhere.
I totally agreed with them.
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I have had a Soundbite system for about 2 years and have found it moderately helpful. Recently my ear piece has stopped transmitting sound to the mouth piece. My audiologist was unable to repair it and has left me with no further ideas as to how to get it repaired. Has anyone had any success in finding a way to get Soundbite components repaired or replaced? I had previously tried a Cross hearing system for SSD but had not liked it and I would like to avoid any system the requires surgical implants.
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hi kendemario,
my 10 year old son got SoundBite two years back too and now has "outgrown" the mouth piece. so we are stuck with it !!
But we are all set to try out the TranEar 380, that is designed for ssd. appointment is set for 27th oct. hopefully it will work for my son...
there are couple of options that do not involve surgery - TransEar (one ear piece goes deep in ea canal on bad side) & CROS (two ear pieces,one in each ear)
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Has anyone had any success in finding a way to get Soundbite components repaired or replaced?
You could try an internet search for Soundbite parts or components and call around to see if the companies with old Soundbite ads still have items on hand that they'd be willing to sell cheap.
Otherwise, I'm afraid you are out of luck with Soundbite.
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One of our members has some surplus Soundbite stuff for the asking.
See:
http://www.anausa.org/smf/index.php?topic=22520.0;topicseen