CG Cosmetics Lawsuit: AG Settlement, Complaints, and Cases

A CG Cosmetics lawsuit search turns up several distinct legal problems at the Miami clinic: a Florida Attorney General settlement over deceptive billing that required more than $270,000 in consumer refunds, hundreds of unresolved Better Business Bureau complaints, a Florida appellate ruling over nude patient photos posted to Instagram, and a medical malpractice suit tied to a 2019 breast augmentation and abdominoplasty. The clinic, operated by Guiribitey Cosmetic & Beauty Institute, Inc., remains open at 2601 SW 37th Avenue in Miami.¹

The Florida Attorney General Settlement

CG Cosmetics signed an Assurance of Voluntary Compliance with the Florida Attorney General’s office, agreeing to stop practices the AG characterized as deceptive: failing to disclose transaction terms, charging credit cards without express consent, and failing to return customer money. Under that agreement, the company agreed to refund more than $270,000 to affected consumers.²

Complaints did not stop after the settlement. Angela Sistrunk, a Gastonia, North Carolina resident, said CG Cosmetics charged more than $10,000 to a line of credit opened in her name through the lender Alphaeon for a procedure she never received, split into transactions of $4,501 and $5,500. After a Charlotte television station’s consumer team got involved, the company issued a $9,000 refund. Sistrunk said the outstanding balance kept damaging her credit.²

Sistrunk filed a formal complaint with the Florida AG. The office said that if the complaint is found to have merit and the company violated its earlier voluntary agreement, CG Cosmetics could face a penalty of nearly $1 million. The AG’s office said it was “actively monitoring” compliance and seeking information about the outstanding portion of Sistrunk’s refund.²

Pattern of Consumer Complaints

The Better Business Bureau lists CG Cosmetic Surgery as unaccredited and has issued a “Pattern of Complaints” alert. Over a recent three-year period the BBB logged 257 complaints, with 100 closed in the most recent twelve months. Only 17 of the 257 were marked resolved, and 36 went unanswered by the company.³⁴

The complaints cluster around a few themes. Refund delays are the most common, with consumers reporting waits of months or more than a year after canceling procedures. Others describe generic email replies, unfulfilled promises from management, and difficulty reaching anyone by phone who can resolve a billing problem.³

Some complaints allege deceptive sales tactics: claims that promotional financing rates would expire within 24 hours, pressure to pay deposits via Zelle, and procedures or surgeons being swapped without advance notice. Several consumers said the clinic cited “database issues” or “system updates” as recurring excuses for unprocessed refunds. When the company responds through the BBB, it typically points consumers to an internal “accounting department.” In several cases, the business said a refund had been processed, but the financing company had no record of the transaction, leaving the consumer paying on a loan for services never received.⁴⁵

The Instagram Nude Photo Case: M.P. v. Guiribitey

A patient identified only as M.P. sued Guiribitey Cosmetic & Beauty Institute and its providers after nude images of her body appeared on the clinic’s Instagram page without her consent. Her complaint included claims for commercial appropriation, breach of fiduciary duty, and invasion of privacy.⁶

The clinic moved to force the dispute into arbitration under a “Patient Arbitration Agreement” M.P. had signed before surgery. She argued the agreement was unconscionable because it was presented on a take-it-or-leave-it basis right before the procedure, after she had already paid a nonrefundable deposit, and that her privacy claims fell outside its scope because they had nothing to do with the quality of medical care.⁶

On October 4, 2023, Florida’s Third District Court of Appeal sided with the clinic on arbitration. The court found the clause broad enough to cover “all types of claims” from the patient-provider relationship, including privacy torts, because the arbitration agreement and photo consent form were part of a single, consecutively paginated packet. The court rejected the unconscionability argument, noting M.P. had signed a certification that she agreed “of her own free will.” The panel did reverse the trial court’s outright dismissal, ruling that under Florida’s arbitration statute the case should have been stayed rather than dismissed while arbitration proceeded.⁶⁷

Malpractice Allegations

In 2021, Tosha Wharton and Jonathan Wharton sued CG Cosmetic Surgery and Dr. Alfred Sofer over a 2019 breast augmentation and abdominoplasty. The plaintiffs alleged negligence in post-surgical care that caused permanent scarring, infection, and the need for additional surgeries. CG Cosmetic Surgery was dismissed from the case with prejudice in October 2022, with a subsequent dismissal order in December 2022.⁸

What the Clinic’s Own Payment Terms Say

Before signing anything, read CG Cosmetics’ published payment policy. It requires a nonrefundable $1,000 deposit at booking that the company says will not be returned “no matter the circumstances,” including if you cannot obtain medical clearance. The full balance is due before the procedure date. Cancellations made 30 or more days out are eligible for a refund of amounts paid beyond the deposit. Cancellations 15 to 29 days out are subject to a 50 percent reduction, minus the deposit and a possible $500 post-operative cancellation fee. No refund is available within 14 days of the scheduled procedure.⁹

The policy also imposes a $1,000 rescheduling fee and what the company calls a “0 Tolerance policy” on chargebacks and payment disputes, requiring mediation before a patient contacts their bank or lender. Consumer complaints suggest these terms become especially difficult to navigate when third-party lenders like Alphaeon Credit or Affirm are involved, with patients describing being caught between the clinic and the financing company over who is responsible for issuing a refund.⁹⁵

If You Have a Dispute With CG Cosmetics

Consumers who believe they were charged for services they did not receive, or who have not gotten a refund they were promised, can file a complaint with the Florida Attorney General’s office, which has said it continues to monitor the company’s compliance with the earlier voluntary agreement.² The M.P. ruling is a warning that if you signed an arbitration agreement as part of your intake packet, a Florida court may enforce it against claims well beyond surgical quality, including privacy claims.⁶

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CG Cosmetic Surgery. CG Cosmetic Surgery
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WSOC-TV. Gastonia Woman Says She Was Charged $10K for Cosmetic Procedure She Never Had
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Better Business Bureau. CG Cosmetic Surgery Complaints
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Better Business Bureau. CG Cosmetic Surgery Complaints
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Better Business Bureau. CG Cosmetic Surgery Complaints
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Findlaw. M.P. v. Guiribitey Cosmetic and Beauty Institute Inc
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Law360. Panel Backs Arbitration for Suit Over Nude Instagram Photos
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Unicourt. Tosha Wharton et al vs Guiribitey Cosmetic and Beauty Institute Inc et al
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CG Cosmetic Surgery. Payment and Refund Policy