14 January 2023

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Massachusetts reaches $3.5M settlement with Aspen Dental over deceptive advertising claims

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The Massachusetts Attorney General’s Office announced on Jan. 5 a $3.5 million settlement with Aspen Dental Management, Inc. resolving claims that the company used bait-and-switch advertising campaigns affecting thousands of Massachusetts consumers. 

According to a news release, the consent judgment settles a lawsuit filed by Attorney General Maura Healey in December 2021 alleging that Aspen Dental violated the state Consumer Protection Law and assurances Aspen Dental made to the AG’s Office in a 2014 settlement addressing similar conduct. 

According to the lawsuit, Aspen Dental engaged in numerous deceptive advertising and marketing practices, including charging patients for services advertised as “free,” as well as advertising that it worked with “all” insurance when it did not accept MassHealth, the Massachusetts Medicaid program that includes dental coverage. 

The consent judgment follows an April 2022 court order that prohibited Aspen Dental from running “all insurance” advertisements without adequate disclosures.  

“Deceptive advertisements like these can harm our most vulnerable patients looking for affordable dental care,” said Acting AG Bessie Dewar in the news release. 

The AG’s lawsuit alleged that Aspen Dental deceived consumers into purchasing dental services and products at more than 25 Aspen Dental-branded dental offices in Massachusetts. According to the lawsuit, Aspen Dental also sent consumers to collections over bills for services it had advertised as “free.” 

Under the terms of the settlement, Aspen Dental will pay $3.5 million in part by returning up to $750,000 to patients who paid for new patient examinations, x-rays and oral cancer screenings at Aspen Dental-branded offices.  

The settlement also prohibits Aspen Dental from using advertisements that misleadingly offer “free” services, state that Aspen Dental works with “all” insurance, reference guarantees or denture prices, or indicate that Aspen Dental offices have “no hidden fees.” It also contains restrictions related to communications concerning oral cancer screenings and debt collection.