Trial begins for fitness influencer accused of scamming thousands of customers

The trial of a Texas fitness influencer accused of scamming thousands of customers and misleading those with eating disorders begins Tuesday.

Brittany Dawn Davis, better known as Brittany Dawn, was sued by the state Attorney General’s Office in February 2022, accused of deceptive business practices by not delivering personalized fitness and nutrition plans.

According to the lawsuit, Davis charged customers $92 to $300 for her allegedly tailored plans and then failed to connect with them for their one-on-one coaching and check-ins, as promised.

Davis began her career in 2014 when she founded the company Brittany Dawn Fitness and quickly gained traction, the lawsuit said. She currently boasts 1.3 million followers on TikTok and about 467,000 on Instagram.

The lawsuit alleges that depending on the plan a customer purchased, they could receive daily or weekly training by email and one-on-one individualized coaching.

“However, the online nutrition and fitness plans delivered to consumers were not individualized,” the lawsuit states.

Trial begins for fitness influencer accused of scamming thousands of customers

Brittany Dawn Davis in a profile photo from her social media account.

realbrittanydawn/Instagram

Neither Davis not her attorney returned ABC News’ request for comment.

However, in court filings, Davis said she denies “generally every allegation” made by the Texas Attorney General’s Office.

According to the lawsuit, one customer only received a single email from Davis with no adjustments made to her plan. Another customer allegedly stopped receiving communication from Davis after two weeks.

Other customers received no responses or, if they did, they were generic, including phrases like “THAT’S MY GIRL! You’re killing it!” or “You’ve got this babe!” according to the lawsuit.

In addition to Davis’ alleged failure to provide coaching and check-ins, the lawsuit also states that she and her company “largely ignored consumer complaints.”

When complaints were addressed, only partial refunds were offered, according to the lawsuit.

A 2019 report from “Good Morning America” found that customers received anywhere from $50 refunds to full refunds if they signed an NDA.

Kenzie Andino told local ABC affiliate WFAA that she paid $300 for one of Davis’ plans in 2017 but says she quickly learned she wasn’t getting what she was promised.

“I knew what customized meant and that was not at all what I received,” she said. “In fact, the first document I received didn’t even have the right name on it. It was someone else’s name.”

Andino’s customized plan was a diet that had her eating just 900 calories a day. She told WFAA she sent Davis a long message addressing her concerns with her eating plan.

“I made sure to let her know that I was concerned,” she told WFAA. “My response that I got within — no lie — 45 seconds of sending it was ‘nice work babe’ and after that, I told her that I was done.”

The lawsuit also accuses Davis of misleading customers with eating disorders.

Davis posted videos on YouTube claiming she overcame her eating disorder with healthy eating and exercise, according to the lawsuit.

Although Davis claims she never accepted customers with eating disorders, at least 14 allege asking for refunds and specifically mention disorders, the lawsuit states.

One customer reported suffering from a restrictive eating disorder and that she was looking to increase her calorie intake only to receive an eating plan that was “significantly lower than what the consumer, who needed to gain weight, had reported,” according to the lawsuit.

After complaints of Davis’ business practices started circulating on social media in 2019, Davis posted a video to YouTube apologizing, but the video was “promptly” taken down, according to the lawsuit.

Davis appeared on “Good Morning America” in 2019 to address the criticism.

“I have such a heart for what I do and being in this industry,” Davis said. “I jumped into an industry that had no instruction manual. I’m basically going through uncharted territory and I’m doing the best that I can to the best of my ability.”

She continued, “I’m using this is a tool to learn and to grow as a professional and to move forward.”

The state is seeking damages between $250,000 and more than $1 million to cover civil penalties, attorneys’ fees and other costs.

The Texas Attorney General’s Office did not immediately return ABC News’ request for comment.

Naval Medical Research Center Begins Phase 1 Testing of Diarrhea Vaccine

Naval Medical Research Center Begins Phase 1 Testing of Diarrhea Vaccine
Dr. Frederic Poly and Dr. Renee Laird, study experts with Naval Health-related Investigation Center (NMRC), pose for a picture in the Enteric Illnesses laboratory. NMRC’s Enteric Health conditions Department, led by Poly, have partnered with the National Institute of Health’s Countrywide Institute of Allergy and Infectious Health conditions to begin phase 1 tests of a new vaccine for Campylobacter jejuni, a foodborne pathogen. U.S. NAVY / Michael Wilson

SILVER SPRING, Md. — Scientists with Naval Professional medical Analysis Centre (NMRC)’s Enteric Illnesses Department have partnered with the Nationwide Institute of Health’s National Institute of Allergy and Infectious Diseases to start off phase 1 tests of a new Campylobacter jejuni vaccine, NMRC introduced in a Dec. 19 release. 
 
Campylobacter jejuni, a foodborne pathogen, is one particular of the most widespread results in of diarrheal health issues in the U.S. and abroad, and can influence readiness of deployed or touring services associates. 
 
Stage 1 tests, at the moment underway at Cincinnati Children’s Healthcare facility Clinical Center, focuses on the security and finest signifies of Campylobacter vaccine shipping. Scientists will vaccinate 60 patients in total as section of Phase 1 tests. This very first phase of screening is predicted to proceed by the conclude of 2023. 
 
Stage 2 tests will include vaccinating groups of grown ups with a dose of the vaccine identified in stage 1, to ascertain its effectiveness in protecting against Campylobacter. NMRC scientists anticipate to get started period 2 screening by 2025 at the earliest, based on funding and the facilities out there. 
 
Diarrhea is a regularly transpiring disease throughout armed service functions, even with modern preventive medicine efforts. The affect of serious diarrhea can be debilitating and impair a assistance member’s capacity to do their position. Acute diarrheal disease for the duration of deployment is normally accountable for reduction of obligation times, negatively has an effect on mission readiness and may well be lethal in the worst situations. 
 
“With genuinely infectious diarrhea, you get cramping, and if you have cramps, you simply cannot definitely function,” mentioned Dr. Frederic Poly, head of NMRC’s Enteric Illnesses Section, who has been associated with the venture since 2005. “You can acquire a fever you’re going to get dehydrated and you’re heading to get rid of cognitive perception. These are all indications that will negatively influence how you function.” 
 
Next recovery from original an infection and bouts of diarrhea, people today can nonetheless working experience very long-term results of infection. 
 
“With Campylobacter, there’s potential downstream effects, like irritable bowel syndrome or Guillain-Barré syndrome, which can lead to respiratory and neurological concerns,” observed Lt. Yuliya Johnson, a microbiologist with NMRC. “It does not materialize to every person, but there is still an linked threat we hope to mitigate by establishing a vaccine.” 
 
According to Poly, this vaccine will be the initial created for use against Campylobacter, and if successful, has the prospective to profit civilian and pediatric populations as nicely. Vaccination at a youthful age can control developmental problems brought about by diarrhea that may well otherwise have an effect on physical and psychological progress in kids. 
 
Poly, NMRC’s most new senior civilian of the quarter for science, prospects the NMRC Enteric Disorders Department. The division, composed of 23 full time microbiologists, molecular biologists, biochemists and immunologists, researches treatment plans for the prevention of infectious bacterial diarrhea. 
 
This past 12 months, the section concluded advancement and medical evaluation of a prophylactic against a further navy suitable enteric pathogen, ETEC (enterotoxigenic E. coli). The enteric disorders lab is also working on the improvement of an oral prophylactic to protect against an infection from several other intestinal pathogens. 
 
NMRC and its instructions are engaged in a wide spectrum of exercise from simple science in the laboratory to area scientific studies in austere and remote parts of the environment to investigations in operational environments. In help of the Navy, Maritime Corps and joint U.S. warfighters, researchers review infectious diseases, organic warfare detection and protection, battle casualty care, environmental health and fitness fears, aerospace and undersea drugs, professional medical modeling, simulation, operational mission aid, epidemiology and behavioral sciences. 

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Health insurance terms to learn as open enrollment begins

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It’s open enrollment season, the time each year when millions of American workers and retirees must choose a health plan, whether new or existing.

But picking health insurance can be a dizzying venture. Health plans have many moving parts — which may not come into focus at first glance. And each has financial implications for buyers.

“It is confusing, and people have no idea how much they could potentially have to pay,” said Carolyn McClanahan, a certified financial planner and founder of Life Planning Partners, based in Jacksonville, Florida. She is also a medical doctor.

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Making a mistake can be costly; consumers are generally locked into their health insurance for a year, with limited exception.

Here’s a guide to the major cost components of health insurance and how they may impact your bill.

1. Premiums

The premium is the sum you pay an insurer each month to participate in the health plan.

It’s perhaps the most transparent and easy-to-understand cost component of a health plan — the equivalent of a sticker price.

The average premium for an individual is $7,911 a year — or $659 a month — in 2022, according to a report on employer coverage from the Kaiser Family Foundation, a nonprofit. It’s $22,463 a year — $1,872 a month — for family coverage.

However, employers often pay a share of these premiums for their workers, greatly reducing the cost. The average worker pays a total $1,327 per year — or, $111 a month — for individual coverage and $6,106 — $509 a month — for family coverage in 2022, after factoring in employers’ share.

Your monthly payment may be higher or lower depending on the type of plan you choose, the size of your employer, your geography and other factors, according to KFF.

Health insurance terms to learn as open enrollment begins

Low premiums don’t necessarily translate to good value. You may be on the hook for a big bill later if you see a doctor or pay for a procedure, depending on the plan.

“When you’re shopping for health insurance, people naturally shop like they do for most products — by the price,” said Karen Pollitz, co-director of KFF’s program on patient and consumer protections.

“If you’re shopping for tennis shoes or rice, you know what you’re getting” for the price, she said. “But people really should not just price shop, because health insurance is not a commodity.

“The plans can be quite different” from each other, she added.

2. Co-pay

Many workers also owe a copayment — a flat-dollar fee — when they visit a doctor. A “co-pay” is a form of cost-sharing with health insurers.

The average patient pays $27 for each visit to a primary-care doctor and $44 to visit a specialty care physician, according to KFF.

3. Co-insurance

Patients may owe additional cost-sharing like co-insurance, a percentage of health costs that the consumer shares with the insurer. This generally kicks in after you’ve paid your annual deductible (a concept explained more fully below).

The average co-insurance rate is 19{bf0515afdcaddba073662ceb89fbb62b6b1bf123143c0e06b788e1946e8c353f} for primary-care and 20{bf0515afdcaddba073662ceb89fbb62b6b1bf123143c0e06b788e1946e8c353f} for specialty-care services, according to KFF data. The insurer would pay the other 81{bf0515afdcaddba073662ceb89fbb62b6b1bf123143c0e06b788e1946e8c353f} and 80{bf0515afdcaddba073662ceb89fbb62b6b1bf123143c0e06b788e1946e8c353f}, respectively.

As an example: If a specialty service costs $1,000, the average patient would pay 20{bf0515afdcaddba073662ceb89fbb62b6b1bf123143c0e06b788e1946e8c353f} — or $200 — and the insurer would pay the remainder.

Co-pays and co-insurance may vary by service, with separate classifications for office visits, hospitalizations or prescription drugs, according to KFF. Rates and coverage may also differ for in-network and out-of-network providers.

4. Deductible

Fatcamera | E+ | Getty Images

Deductibles are another common form of cost-sharing.

This is the annual sum a consumer must pay out of pocket before the health insurer starts to pay for services.

Eighty-eight percent of workers covered by a health plan have a deductible in 2022, according to KFF. The average person with single coverage has a $1,763 deductible.

The deductible meshes with other forms of cost-sharing.

Here’s an example based on a $1,000 hospital charge. A patient with a $500 deductible pays the first $500 out of pocket. This patient also has 20{bf0515afdcaddba073662ceb89fbb62b6b1bf123143c0e06b788e1946e8c353f} co-insurance, amounting to $100 (or, 20{bf0515afdcaddba073662ceb89fbb62b6b1bf123143c0e06b788e1946e8c353f} of the remaining $500 tab). This person would pay a total $600 out of pocket for this hospital visit.

When you’re shopping for health insurance, people naturally shop like they do for most products — by the price.

Karen Pollitz

co-director of the program on patient and consumer protections at the Kaiser Family Foundation

Health plans may have more than one deductible — perhaps one for general medical care and another for pharmacy benefits, for example, Pollitz said.

Family plans may also assess deductibles in two ways: by combining the aggregate annual out-of-pocket costs of all family members, and/or by subjecting each family member to a separate annual deductible before the plan covers costs for that member.

The average deductible can vary widely by plan type: $1,322 in a preferred provider organization (PPO) plan; $1,451 in a health maintenance organization (HMO) plan; $1,907 in a point of service (POS) plan; and $2,539 in a high-deductible health plan, according to KFF data on single coverage. (Details of plan types are in more detail below.)

5. Out-of-pocket maximum

6. Network

Portra | E+ | Getty Images

Health insurers treat services and costs differently based on their “network.”

“In-network” refers to doctors and other health providers that are part of an insurer’s preferred network. Insurers sign contracts and negotiate prices with these in-network providers. This isn’t the case for “out-of-network” providers.

Here’s why that matters: Deductibles and out-of-pocket maximums are much higher when consumers seek care outside their insurer’s network — generally amounting to about double the in-network amount, McClanahan said.

There’s sometimes no cap at all on annual costs for out-of-network care.

“Health insurance really is all about the network,” Pollitz said.

“Your financial liability for going out of network can be really quite dramatic,” she added. “It can expose you to some serious medical bills.”

Some categories of plans disallow coverage for out-of-network services, with limited exception.

For example, HMO plans are among the cheapest types of insurance, according to Aetna. Among the tradeoffs: The plans require consumers to pick in-network doctors and require referrals from a primary care physician before seeing a specialist.

Similarly, EPO plans also require in-network services for insurance coverage, but generally come with more choice than HMOs.

POS plans require referrals for a specialist visit but allow for some out-of-network coverage. PPO plans generally carry higher premiums but have more flexibility, allowing for out-of-network and specialist visits without a referral.  

“Cheaper plans have skinnier networks,” McClanahan said. “If you don’t like the doctors, you may not get a good choice and have to go out of network.”

There’s crossover between high-deductible health plans and other plan types; the former generally carry deductibles of more than $1,000 and $2,000, respectively, for single and family coverage and are paired with a health savings account, a tax-advantaged way for consumers to save for future medical costs.

How to bundle it all together

Mstudioimages | E+ | Getty Images

Cheaper plans have skinnier networks. If you don’t like the doctors, you may not get a good choice and have to go out of network.

Carolyn McClanahan

certified financial planner and founder of Life Planning Partners

“Understand the first dollars and the potential last dollars when picking your insurance,” McClanahan said, referring to upfront premiums and back-end cost-sharing.

Every health plan has a “summary of benefits and coverage,” which presents key cost-sharing information and plan details uniformly across all health insurance, Pollitz said.

“I’d urge people to spend a little time with the SBC,” she said. “Don’t wait until an hour before the deadline to take a look. The stakes are high.”

Further, if you’re currently using a doctor or network of providers you like, ensure those providers are covered under your new insurance plan if you intend to switch, McClanahan said. You can consult an insurer’s in-network online directory or call your doctor or provider to ask if they accept your new insurance.

The same rationale goes for prescription drugs, Sun said: Would the cost of your current prescriptions change under a new health plan?