National Certification Board for Therapeutic Massage & Bodywork (NCBTMB) Commits Consumer Fraud and Unfair and Deceptive Trade According to Dr. Leonard G. Horowitz
The National Certification Board for Therapeutic Massage & Bodywork (NCBTMB) Charged With Consumer Fraud, Unfair and Deceptive Trade by Dr. Leonard G. Horowitz, Editor-in-Chief of Medical Veritas Journal.
The National Certification Board for Therapeutic Massage & Bodywork (NCBTMB) advertises itself as an “independent, private, nonprofit organization founded in 1992, serving America by allegedly assuring body workers, massage therapists and allied health professionals “integrate mind, body and spirit through . . . program[s] designed to make balance an integral part of your daily life.”
Unfortunately, the organization conceals its conflicting interests. Operated on behalf of private for profit entities, this deceitful organzation and has monopolized the industry of certifying body workers, massage therapists, and allied health professionals to the detriment of healthcare consumers and their professional service providers.
A Classic Case of Consumer Fraud and Healthcare Industry Monopoly
What follows is the correspondence between Dr. Leonard G. Horowitz, the Editor-in-Chief of Medical Veritas online journal, the PayPal Company, and officials from the National Certification Board for Therapeutic Massage & Bodywork (NCBTMB) after PayPal accepted an official complaint against the NCBTMB for allegedly defrauding the doctor, and depriving America’s body workers, massage therapists, physical therapists, and allied health professionals, of the most advanced science and educational instruction in the burgeoning field of ‘Energy Medicine,’ as pioneered by Dr. Horowitz in his 12-credit hour online ‘Frequency Rehab Course.’ The doctor paid the NCBTMB for their services in assessing the Frequency Rehab Course that is based upon substantial peer reviewed published science, and to provide certification of the program in accordance with their published Code of Ethics and advertisements.
According to Dr. Horowitz, the NCBTMB reneged “arbitrarily and capriously”on their contract. Below is Dr. Horowitz correspondence with PayPal and NCBTMB respondents.
“Dear PayPal officials:
This mail responds to your Jul 4, 2019 mail below, pursuant to opposing respondent NCBTMB justification for committing the alleged consumer fraud.
A careful read of their response corroborates the legitimacy of my complaint and deserved refund. the NCBTMB justification states in pertinent part: “
Mr. Horowitz submitted a course deemed inappropriate content by the NCBTMB Course Content Agreement.
This express justification evidences the alleged fraud. The NCBTMB repeatedly failed to provide me (and now you too) with the ‘express’ “Course Content” that was deemed objectionable.
I twice requested this express clarification from NCBTMB officials. Both times NCBTMB neglected its ethical and commercial duties requiring candor and fair trade, to provide me as a consumer of their service the information requested that they used/abused to justify their denying my proper course certification and/or my requested refund.
You will notice from their response that I repeatedly appealed for reconsideration, even requesting the organization’s governing board’s clarification of their express concerns, all to no avail.
My further research shows that this organization violated its own published bylaws and ethical code by committing the alleged consumer fraud. They advertise on the Internet:
NCBTMB is organized for the purpose of fostering high standards of ethical and professional practice in the delivery of services through recognized, credible credentialing programs and continuing education approval programs that assure the competency of practitioners of therapeutic massage and bodywork and protection of the public. [Emphasis added.]
You will notice this statement evidences the alleged consumer fraud, because it falsely implies that the NCBTMB relies on “recognized, credible credentialing programs and continuing education approval programs” provided by third parties. The truth is that they rely solely on their own arbitrary and capricious decision making to deny such services for no express reasons. In other words, they simply fraudulently solicit suckers to send in their money promising certification for ‘credible’ continuing education providers, and then rip them off as their reply to you shows: (1) They say the content is not approved for no apparent or express reason; (2) The consumer signed a contract (that in this case is unconscionable); (3) The consumer should revise and resubmit their course to comply with un-identified, arbitrary, and capricious content requirements.
Further Objection to Alleged Consumer Fraud, and Un-fair and Deceptive Trade
My further research showed that the NCBTMB operates as a “front” company for the AMERICAN MASSAGE THERAPY ASSOCIATION (AMTA). The AMTA is the parent company and sole member of the NCBTMB. Their Articles of Incorporation date to 1960 in Wilmington, DE. These Articles state, “Its principal office or place of business is located at 900 Market Street, in the City of Wilmington, County of New Castle, and the resident agent in charge of said office and upon whom legal process may be served shall be CORPORATION SERVICE COMPANY (CSC), 900 Market Street, Wilmington, Delaware, 18999. (That is the same corporate agent used by the National Certification Board for Therapeutic Massage & Bodywork (NCBTMB)). The “mission” of the AMTA as written is:
“To advance the science of massage therapy, physical therapy and related techniques; to raise the standards of those professions so as to merit the respect and confidence of all people and benefit mankind; to foster a spirit of cooperation and exchange of ideas and techniques among its members; to promote all legislation that is not detrimental to the members of the association; and to carry on any other activity in connection therewith.”
“IN FURTHERANCE AND NOT IN LIMITATION of the privileges of this corporation it shall be lawful to purchase or acquire in any lawful manner, and to hold, own, mortgage, pledge, sell, lease, transfer, or in any manner dispose of, and to deal and trade in real estate, goods, wares, merchandise and property of any and every class and description, and in any part of the world.”
Further, the AMTA boasts having “51 chapters” across the U.S., and more than 90,000 members. The AMTA advertises itself as an online course provider, advancing massage therapy professional training programs to “[l]earn how to integrate mind, body and spirit through . . . program[s] designed to make balance an integral part of your daily life.” For this 4 credit-hour course, the AMTA charges $60.00 for members, and $100.00 for non-members.
The NCBTMB’s agent, CORPORATION SERVICE COMPANY’s (CSC) parent company is the Williams Company, Inc. (a.k.a., WMB, formed by Christopher L. Ward an early banking industry leader, and Josiah P. Marvel, an attorney and previous leader of the American Bar Association, The Delaware Bar Association, and the Delaware State Chamber of Commerce).
6. Today, CSC and WMB are substantially controlled by the SENATOR INVESTMENT GROUP, LP, with 18 percent of its shares invested in medical companies that profit from diseases, drugs, vaccines, not cures, nor pioneering developments from emerging science in natural healing and self-care arts and sciences.
Nor do these corporate investors backing the National Certification Board for Therapeutic Massage & Bodywork (NCBTMB)’s fraudulent policies and practices give a hoot about actually “Avancing massage therapy professional training programs to ‘[l]earn how to integrate mind, body and spirit through . . . program[s] designed to make balance an integral part of your daily life.” In fact, just the opposite is evidenced by the NCBTMB’s reply to my PayPal Complaint.
By denying NCBTMB’s deceitful response, PayPal can not only service justice in this case, but also PayPal would honorably serve to defend consumers, body workers, and allied professionals nationwide from unfair competition and deceptive trade in the healthcare and continuing education industries.
On Jul 4, 2019, at 2:54 PM, Sherri Kane <firstname.lastname@example.org> wrote:
———- Forwarded message ———
From: email@example.com <firstname.lastname@example.org>
Date: Thu, Jul 4, 2019 at 1:50 PM
Subject: Your PayPal case PP-D-31583525: request for additional information
To: Sherri Kane <email@example.com>
Hello Healthy World LLC,
We received the case you filed for the following transaction:
Dispute Case ID: PP-D-31583525
Transaction Amount: $250.00 USD
Dispute Amount: $250.00 USD
Transaction ID: 8B375812SC2538747
Transaction Date: March 20, 2019
We Need a Bit More Information
Please send us the following documentation and any other relevant information to support your case within 3 days. Without sufficient information, we may not be able to resolve this dispute in your favor.
The merchant’s response was:
Mr. Horowitz is not entitled to a refund per the NCBTMB Refund Policy, as he signed and agreed to on his Approved Provider Application. Furthermore, Mr. Horowitz submitted a course deemed inappropriate content by the NCBTMB Course Content Agreement. The course was rejected and he was asked to revise his course to fall within appropriate guidelines. He refused to do so. In addition, per his request, the course also went to the NCBTMB Approved Provider Committee for additional consideration. It was denied due to inappropriate content.
Again, Mr. Horowitz was offered an opportunity to revise his courses, and refused to do so. Lastly, Mr. Horowitz electronically signed and checked all related boxes pertaining to the NCBTMB Refund Policy and Course Content Policy. Mr. Horowitz was made aware of both policies ahead of submitting his Application.
If you received your service, please let us know. If you still have not received the service, please update us with this information along with a response to the merchant’s rebuttal.
To assist us with the investigation of your dispute, we ask that you provide us with a reply to the merchant’s rebuttal by 07/11/2019.
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