Thursday, January 17, 2002
Lawsuit: hair today, gone tomorrow
Man claims hairpiece faulty
By Marie McCain
The Cincinnati Enquirer
Hair Club for Men television ads boast that your hair will look better than ever. You'll be able to water ski. Swim.
Or have a beautiful woman run her fingers through your newly flowing locks and she'll never know it's not yours.
Founder Sy Sperling says in the ads he's so sure of the quality of Hair Club for Men's nonsurgical hair transplants that he's not just the founder, he's also a client.
But an Amelia man says the hairpiece he purchased from the Florida-based company was of such poor quality that it fell off within months while he worked as a welder.
In a lawsuit filed Wednesday in Hamilton County Common Pleas court, Robert Herbert is suing the Hair Club for Men for the $3,174 he paid for his hair transplants and $1 million in damages, claiming pain and suffering.
His attorney, Derek Gustafson, said Wednesday that Mr. Herbert entered into a contract with a Cincinnati-based office of the company on March 31.
The lawsuit contends that despite an oral promise to refund his money if he wasn't happy with the results, the company has failed to do so.
Mr. Herbert's suit says the Hair Club's claims were false and misleading and made with actual malice or implied malice and in direct disregard of plaintiff's legal rights.
He is also suing Hurley State Bank, also known as Medcash, a Tennessee-based financial institution that helped him to finance his purchase at 21.53 percent interest.
According to the lawsuit, the terms of Mr. Herbert's contract implied that there would be no interest if he financed his purchase and that he could pay it off in 12 months.
Mike Smith, a director with Hair Club for Men, said he hadn't seen Wednesday's lawsuit and that he had not been notified by the Cincinnati office of an unhappy customer.
We have an agreement that we put everything in writing, Mr. Smith said. We state that results may vary depending on the person.
Sometimes people (are unhappy and) don't bring it to anybody's attention. It's easy for us to give the guy his money back, he added. It's not a big deal.
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