California demand letters for MD credential misuse, false advertising, signature stamp fraud, and post-termination name exploitation
One of the most common—and legally problematic—issues in California med-spa and aesthetic clinic disputes is the unauthorized use of a physician's name, credentials, license number, or signature after the physician has terminated the supervisory relationship. This practice creates multiple legal violations and exposes both the med-spa operator and the facility landlord to civil liability and regulatory enforcement.
When a physician ends their affiliation with a med-spa but the business continues to use the physician's identity in marketing, patient intake forms, or consent documents, it constitutes fraud, false advertising, and potentially criminal identity theft. Physicians whose names are misused and landlords hosting such businesses have strong legal remedies.
| Affected Party | How They're Harmed | Legal Remedies Available |
|---|---|---|
| Physician (whose name is misused) | Reputational damage; liability if patients injured and believe physician supervised; Medical Board complaints filed against physician | Cease-and-desist, injunction, defamation, fraud, identity theft claims, Medical Board complaint against med-spa |
| Patients | Deceived about who supervises their care; may not consent if aware of unlicensed practice; injured by unqualified providers | Medical malpractice, fraud, CLRA consumer protection claims, rescission of consent |
| Landlord / Facility Owner | Premises liability exposure; regulatory investigations; lease breach; reputational harm | Lease termination, unlawful detainer, indemnity claims, contribution from med-spa if sued |
| Replacement Physician | May unknowingly accept role while former physician's name still used; exposed to liability for predecessor's acts | Contract rescission, fraud claims against med-spa, indemnity |
Scenario 1: Post-Termination Website Use
Physician resigns as medical director on August 1. On December 1, physician discovers the med-spa's website still lists them as "Medical Director" with their photo and credentials. The business claims they "forgot to update the site."
Scenario 2: Signature Stamp Fraud
Physician provides a signature stamp for chart review during the supervision period. After termination, RN staff continue using the stamp on patient consent forms and prescriptions, creating the appearance of ongoing physician involvement.
Scenario 3: Ambiguous Termination
Physician gives "30 days' notice" but the med-spa interprets this as "continue until we find a replacement." Physician believes supervision ended; med-spa continues using physician's name for 6 more months while searching for a new MD.
Scenario 4: Misleading Marketing
Med-spa website no longer lists physician as "Medical Director," but social media posts, Google Business profile, and Yelp page still feature physician's name and credentials from months ago. Business argues they "don't control" third-party platforms.
B&P § 2052 – Unlicensed Practice of Medicine: Using a physician's name to conduct medical procedures without that physician's actual supervision constitutes unlicensed practice. The med-spa is "holding out" the physician as supervising when they're not, enabling unlicensed RN/NP/PA practice.
B&P § 2261 – False Statements Re: Medical License: Making false statements regarding holding a medical license or the qualifications of a licensee is a misdemeanor. Representing that Dr. X supervises your practice when Dr. X does not is a § 2261 violation.
B&P § 2262 – False Name / Impersonation: Using another person's name or credentials to practice medicine or represent oneself as qualified to practice is a misdemeanor. Applies when med-spa uses physician's signature stamp or name on consent forms after termination.
B&P § 17500 – False Advertising: Advertising that is untrue or misleading regarding the nature, qualifications, or affiliation of persons providing services is unlawful. Prominently featuring a physician as "Medical Director" after their termination is false advertising, actionable by the Attorney General, district attorney, or private parties.
Civ. Code § 1572 – Fraud in the Inducement: Fraud consists of:
Med-spas using terminated physicians' names commit fraud against patients and potentially against replacement physicians who are unaware of the ongoing misuse.
Civ. Code § 1708.7 – Interference with Professional Reputation: Courts recognize a tort for intentional interference with professional reputation. If med-spa's misuse of physician's name causes reputational harm (e.g., negative reviews blaming physician, Medical Board complaints), physician may recover damages.
Penal Code § 530.5 – Identity Theft: Willfully obtaining another person's identifying information (name, professional license number) and using it for an unlawful purpose (conducting medical practice without supervision) is identity theft.
Penal Code § 529 – False Personation: Falsely representing oneself as another person (or representing that another person is involved when they're not) to obtain a benefit or to deceive is a misdemeanor.
The Medical Board of California can discipline both physicians and unlicensed persons:
If med-spa's misuse of physician's name causes reputational harm, physician may have defamation claims:
Libel (written defamation): False statements on website, marketing materials, or patient forms that harm physician's reputation. Example: Website states "Dr. X supervises all procedures" when Dr. X does not, and patients later leave negative reviews blaming "Dr. X" for complications.
False Light: Portraying physician in a misleading manner that would be offensive to a reasonable person. Example: Med-spa's Instagram features Dr. X's photo next to promotional posts for "discount Botox specials" after Dr. X terminated, creating false impression Dr. X endorses low-cost, high-volume practice.
| Statute / Claim | Who Can Bring | Remedies Available |
|---|---|---|
| B&P § 2052 (Unlicensed Practice) | Medical Board; District Attorney; Private party (injunction) | Cease-and-desist order; criminal prosecution; civil penalties; injunction |
| B&P §§ 2261, 2262 (False Credentials) | Medical Board; District Attorney | Misdemeanor conviction; fines; cease-and-desist |
| B&P § 17500 (False Advertising) | Attorney General; District Attorney; Private party (UCL) | Injunction; civil penalties; restitution; corrective advertising |
| Civ. Code § 1572 (Fraud) | Physician; Patients; Landlords | Compensatory damages; punitive damages (if malice/fraud); rescission |
| Penal Code §§ 529, 530.5 (Identity Theft) | District Attorney (criminal); Physician (civil damages under § 530.5(c)) | Criminal prosecution; civil damages (actual damages × 3, minimum $10,000); attorney's fees |
| Defamation / False Light | Physician | Compensatory damages; presumed/punitive damages if libel per se; corrective statement |
Physician identity misuse cases require meticulous documentation of how and when the misuse occurred, and proof that the physician terminated the relationship.
Med-spas often update their websites after receiving demand letters, then claim the physician's name was "already removed." Counter this by using web archives:
Archive.org Wayback Machine (web.archive.org):
Google Cache:
Archive.is / Archive.today:
Patient intake forms and consent documents often bear the physician's signature stamp or name, providing strong proof of misuse. However, accessing patient records raises HIPAA and CMIA confidentiality issues:
To recover damages, you must prove quantifiable harm caused by the identity misuse:
| Plaintiff | Potential Damages | How to Prove |
|---|---|---|
| Physician | Reputational harm; lost income from refusing other opportunities; Medical Board defense costs; emotional distress | Expert testimony on reputational value; evidence of lost job offers; invoices for attorney's fees defending Board complaint; medical records for emotional distress treatment |
| Patient | Medical expenses for treating injury; pain and suffering; fraud damages (return of fees paid) | Medical bills; expert testimony on causation; proof patient would not have consented if aware of unlicensed practice |
| Landlord | Premises liability defense costs; property value diminution; lost prospective tenants; regulatory investigation costs | Attorney invoices; appraisal showing property value drop; evidence of prospective tenants declining due to med-spa reputation; consultant fees for OSHA compliance audit |
Date: [Current Date]
To: [Med-Spa Business Name]
[Med-Spa Address]
Attn: Owner / Legal Department
From: [Physician Name], M.D.
[Physician Address]
[Phone / Email]
RE: CEASE AND DESIST – UNAUTHORIZED USE OF MY NAME AND MEDICAL CREDENTIALS
Dear [Med-Spa Owner]:
I demand that you immediately cease all use of my name, credentials, photograph, and professional identity in connection with your med-spa business.
Background: From [Start Date] through [Termination Date], I served as Medical Director for [Med-Spa Name] pursuant to a written supervision agreement. On [Termination Date], I provided written notice terminating the agreement effective [Effective Date], a copy of which is attached.
Despite this clear termination, you have continued to use my name and credentials without authorization.
Unauthorized Use Identified:
Legal Violations: Your unauthorized use of my identity violates:
Harm to My Professional Reputation: Your continued misuse of my identity exposes me to:
IMMEDIATE DEMANDS: Within 7 days of this letter, you must:
Consequences of Non-Compliance: If you fail to comply within 7 days, I will pursue all available legal remedies, including:
I am not making threats—I am documenting the legal violations and my intent to pursue all remedies if you do not cease immediately. I have retained legal counsel and am prepared to act.
Confirm compliance in writing to the address above within 7 days.
Sincerely,
[Physician Name], M.D.
California Medical License No. [XXXXX]
Enclosures: Termination letter dated [Date]; website screenshots; Google Business screenshot
Date: [Current Date]
To: [Tenant Med-Spa Name]
[Suite Address]
Attn: [Owner]
From: [Landlord Name / Property Management]
[Address]
RE: NOTICE OF LEASE BREACH – FRAUDULENT MISREPRESENTATION OF MEDICAL DIRECTOR
Dear [Tenant]:
This letter constitutes notice of material breach of your Lease Agreement and demands immediate corrective action to prevent unlawful medical practice in our facility.
Discovery of Fraud: On [Date], we received a letter from Dr. [Name], a copy of which is attached. Dr. [Name] informed us that he terminated his Medical Director relationship with your business effective [Termination Date], yet your business continues to use his name and credentials in marketing and patient materials.
We verified Dr. [Name]'s claim:
Legal Violations & Lease Breach: Your unauthorized use of Dr. [Name]'s identity violates:
Landlord Liability Exposure: Your fraudulent misrepresentation creates substantial liability for us:
REQUIRED CORRECTIVE ACTIONS (within 5 days):
Consequences of Non-Compliance: Failure to comply within 5 days will result in:
Contact me immediately at [phone/email] to discuss your compliance plan.
Sincerely,
[Landlord Name]
[Title]
Enclosures: Dr. [Name]'s letter to landlord; website screenshot; Medical Board verification; Lease Sections [X, Y, Z]
For physicians, the most urgent remedy is stopping the ongoing misuse of their identity. A preliminary injunction can be obtained before trial if you prove:
Courts typically grant injunctions in identity theft cases because reputational harm is inherently irreparable.
| Claim | Available Damages | Proof Required |
|---|---|---|
| Fraud (Civ. Code § 1572) | Actual damages (lost income, defense costs, treatment for emotional distress); punitive damages if fraud was malicious or oppressive | Evidence of financial harm; expert testimony on reputational value; medical records for emotional distress |
| Identity Theft (Penal Code § 530.5(c)) | Treble damages (actual damages × 3); minimum $10,000; attorney's fees and costs | Proof of unauthorized use of identifying information (name, license number); nexus to unlawful purpose |
| Right of Publicity (Civ. Code § 3344) | Greater of $750 or actual damages; attorney's fees; profits from unauthorized use | Commercial use of name, photograph, or likeness; lack of consent |
| Defamation / False Light | Presumed damages (if libel per se); actual damages; punitive damages if malice | False statement published to third parties; reputational harm; falsity |
| Breach of Contract | Damages caused by breach (if supervision agreement prohibited post-term use) | Contract provision; breach; causation; damages |
Unlike most civil litigation, several statutes provide for attorney's fees recovery in identity theft cases:
This makes identity misuse cases economically viable even for modest damages—attorney can pursue on contingency knowing fees are recoverable.
California allows punitive damages when defendant acted with "malice, oppression, or fraud" (Civ. Code § 3294). In identity misuse cases, punitive damages are available when:
Punitive damages in identity theft cases often range from 2× to 9× compensatory damages, depending on defendant's wealth and egregiousness of conduct.
While rarely pursued, criminal charges for identity theft (Penal Code § 530.5) or false personation (Penal Code § 529) are misdemeanors punishable by up to 1 year in county jail and fines up to $10,000.
To trigger criminal investigation, physician or landlord can file a private criminal complaint with the District Attorney's office. Include:
DA will evaluate whether to prosecute based on severity of harm, number of patients affected, and defendant's criminal history.
Physician identity misuse cases involve specialized knowledge of healthcare licensing law, identity theft statutes, and fraud litigation. DIY cease-and-desist letters often fail because they're either too aggressive (triggering extortion defenses) or too weak (inviting continued misuse).
I represent California physicians, medical facility owners, and landlords in identity misuse disputes. My practice focuses on rapid injunctive relief, fraud litigation, and Medical Board coordination to stop unauthorized use and recover damages.
Week 1-2: Cease-and-Desist
Draft and send demand letter; gather initial evidence (web archives, termination docs); set 7-day deadline for compliance.
Week 3-4: Injunction Filing (if no compliance)
File complaint and motion for preliminary injunction; serve defendant; hearing within 14-21 days; often obtain TRO immediately.
Month 2-4: Discovery
Subpoena patient records (redacted); depose med-spa owner and staff; obtain advertising budgets and revenue figures; expert witness on reputational harm.
Month 5-8: Settlement or Trial
Most cases settle after injunction granted—defendant realizes they'll lose and wants to avoid punitive damages. If trial, typically 1-2 days for bench trial on damages.
Unauthorized use of your professional identity is not a minor nuisance—it's fraud, identity theft, and a direct threat to your reputation and license. I have successfully obtained injunctions and damages for physicians whose names were misused, and defended landlords against premises liability stemming from tenant fraud.
Send me your termination documentation, screenshots of ongoing misuse, and any communications with the med-spa. I'll evaluate your claims and outline an enforcement strategy, including whether injunctive relief is appropriate.
Contingency representation available for physicians. No upfront fees; I recover from defendant via statutory fees (Penal Code § 530.5, Civil Code § 3344). Demand letter: Flat fee $450. Hourly rate: $240/hr. Contingency: 33-40%. Free initial case evaluation.