Complaints

• Initial Complaint

  01/13/2025

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On Jan. 10th, we ordered a sample from Cryos International. The website glitched and it charged us twice. Two orders of $1660. They are saying since it shipped over the weekend (we did not receive it) that they cannot refund us. Although they are only open on Mondays, so we called both them and my credit card company as they opened letting them know the issue. I believe they regularly double charge people.

  

  Business response

  01/28/2025

  We have spoken to the customer and their spouse and believe this is all a misunderstanding.  We have come up with a resolution to the customer directly and feel it is fair with a refund of the second duplicate order once the disputes to both orders are cancelled. 

• Initial Complaint

  07/01/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I previously had shipping issues and was told at that time to order sooner in case of future delays. So, I asked for this recent order to be shipped on 6/21 as we didnt need it until 6/29-6/30. I opened the tank on 6/30 and saw that it expired on 6/27 and needed to be returned by 7/1. This was confusing as it was never discussed that the time in transit counts towards the tanks days. It was also not discussed if opening the shipper compromises the tank, so I didn't open it until it was needed. I received an email from ***** on 6/20 asking if I wanted to upgrade to weekend delivery since the 21st would be a Saturday, but again, it never mentioned at that time that the tank's days would start as soon as it's shipped. If I had known, I would have accepted. On 6/24, I got a "first notice", which confused me, so I sent an email. ******** replied but didnt mention anything about the days for the tank, that I was wrong on what I had purchased, or that I didnt have the 12 day tank as I thought. I received the tank on 6/24 and assumed I would have from 6/24 to 7/1. When I opened the packet and found the paperwork with the two dates, I went to the terms and agreements and reread it. I found a section that says the tank is to be returned within 7 days of the shipping date, but the paperwork states that it's due back by 7/1, which is not 7 days. In my conversation with the wonderful supervisor, she stated that the terms and agreements state that the recipient needs to inspect the items within 24 hours, but it doesnt explicitly state that I need to open within 24 hours. The wording leaves Cryos with some liability. I'm told I cant have a refund or a replacement because it's my fault. I was diagnosed with cancer and have wanted nothing more than to be a father for however long I can. I trusted this company with my dreams, future, and family. Despite the lack of understanding and communication, Cryos loses nothing while I lose $4500 and the chance to try for a family.

  

  Business response

  07/02/2024

  After speaking with the customer and reviewing all details regarding this complaint, Cryos stands firm that there were no faults or deficiencies on Cryos end that would require refund or replacement of the order in question.
  
  This was the customers 4th order. The order confirmation email has been uploaded. This should have been reviewed immediately upon receipt and that would have cleared up the assumption that the customer ordered a ****** tank and not a ***** tank. The customer placed the order themselves online and made all the selections including the tank size. Noted on the order confirmation email in upper case letters to draw further attention id the following statement: PLEASE OBSERVE THAT THIS IS A BINDING CONFIRMATION. IN CASE OF FAULT & DEFICIENCIES IN THIS CONFIRMATION, PLEASE CONTACT US IMMEDIATELY. The customer could have contacted ********************** to update order with a 12-day tank at this point if they reviewed their confirmation for the purchase of 7-day tank.
  
  Regarding the life of the tank. It is noted on our website we have tanks lasting 7 days or 12 days. Life of tank starts on ship date of course. If the tanks life is 7 days or 12 days, it is not possible to stop the tanks timer just while it is being shipped then start it back up upon delivery.Our lab charges the tanks overnight ahead of ship date and then charges on ship date. That is the last time it is in our possession and when the hypothetical timer starts. Even by the customers own logic - that they thought life of tank started on delivery and not on ship date - the tank delivered on 24JUN24 so that is Day 1 meaning it would expire on day 7 30JUN24. The customer didnt open until *******. Past their assumed expiration date and past actual expiration date. The order documentation has warning on first page with tank expiration date and return by date. The order shipped 21JUN24, so the tank expired on day 7 27JUN24. From our Terms of Agreement:  9.Faults and Deficiencies - When the shipment is received from the carrier, the recipient is obligated to examine the ***** for any fault and deficiencies,which may have occurred during transport. If the ***** have been damaged during transport, the recipient is obligated to note such damages in writing to the driver at the time of delivery and provide proof of this notification to CRYOS within 24 hours. Link to TOA: Terms of Agreement (cryosinternational.com) It clearly states it is the customers responsibility to review the goods upon delivery for any faults or deficiencies.This means opening everything including tank, not just the shipper box, as that is where the good as stored until ready to use. If the customer would have followed those instructions, this could have been avoided as the expiration date would have been seen. Cryos could have helped remedy the situation avoiding complete loss if the customer had contacted us at that point when they noticed their mistakes.
  
  This was the customers 4th order; even more reason why they should have been familiar with the order documentation inside showing the tank expiration and return by date as well as the instructions booklet stating to also check the order at time of receipt. From Instructions Booklet: Upon receipt, open the yellow case by cutting the wire using wire-cutters or scissors, then turning the lock. Check the enclosed paperwork carefully. There will be a packet inside that contains your complete home insemination kit. The ************* team went above and beyond to ensure customer was aware of delivery on Monday when shipping on Friday, to avoid any misunderstandings but it not Cryoss responsibility to contact every customer that orders and go over every single detail of an order if not prompted/asked especially with repeat customers. The customer must do their due diligence as well. There is no way we would have known the customer had those assumptions: that life of tank started on delivery date.
  
  We understand this is costly and very unfortunate mistake and misunderstanding on the customer end, but it was not ********************** fault and cannot hold liability for customers not doing their due diligence and following clear instructions. The high cost is even more reason for the customer to review their order confirmation email and follow TOA. We understand how important this is and therefore as a courtesy have extended a 10% discount and free shipping on their next order to help with the cost. We wish all the best and would still like to be able to assist with their journey towards parenthood.The offer still stands and is noted on the customers account if they should decide to order again.
  

  Customer response

  07/02/2024

   
  Complaint: 21926387
  
  I am rejecting this response because youre placing all blame on me for being a repeat customer and not understanding everything to perfection. Your terms and conditions do not paint a clear picture nor have I had any issues prior to this to even ask questions for better clarity. When I noticed that there was a difference in what I ordered vs what I expected, I checked the invoice and noted that is what I was charged for so I was dealing with that. However, as stated, the main issue is that nowhere in your terms and agreements, in your documents sent inside the shipper, or anywhere else indicated that the 7 day tank would start declining on day of shipping. 
  

  Just because Ive ordered from you before doesnt mean that I understood the delivery even then. You mentioned that *** read everything multiple times and cant be responsible for what I assume, however, like I said nowhere in the shipper paperwork or your terms and conditions says anything about the date of shipping being the start date. You also mentioned that in all caps it says I needed to call as soon as possible to note issues, which I did and I explained that I opened the tank as soon as I was set to use it. Because again, it was never mentioned that I need to open it immediately upon arrival. 
  

  It is clear that you will not accept any liability for your part in failing to document your actual rules and regulations and that taking care of your customers needs is not a priority.You say that your team went above and beyond to make sure I was informed about Saturday shipping. If that is your idea of above and beyond, you may want to revisit that definition. Emailing to ask if I want to pay $90 for an update to Saturday shipping, while again NOT indicating anything about the tank or its life cycle. 
  

  Your company refuses to acknowledge that this is something that was not all at fault of me. You seem very ***** on not providing the resolution I am looking for. You point out all the flaws of me, me, me, but then you do not look at the areas that cryos failed, the areas where the terms and conditions do not spell out what needs to be done, when it needs to be done, etc. 

  Corporate greed at its finest. 

  Sincerely,
  
  *************************

  

  Business response

  07/03/2024

  The response has been reviewed but Cryos' stance remains the same. Truly an unfortunate situation and while we emphasize and are saddened that the customer's goods were destroyed; it was not due to a fault or deficiency on Cryos' end. As detailed in previous response, the *** is clear that the recipient is obligated to examine the ***** for any fault and deficiencies upon delivery, which may have occurred during transport. If the ***** have been damaged during transport. To access the goods, you must open the shipping container and the tank within. The goods cannot be inspected from the outside of the shipping container. What is the tank was empty inside, how would you know if you don't inspect the goods. Following the requirements would have easily prevented this mishap. Even if this was the first order and there was no prior knowledge that order documents has warning with tank expiration and return by date, following the *** would ensure the recipient does review everything while we still have time to assist. The *** must be accepted at time of checkout and agreed that you have read and understood everything. Will not let you check out without accepting this acknowledgement. This is to ensure recipients know their responsibilities upon delivery. These are such important and valuable goods that is why it is an obligation in the ***, not just a suggestion. We have already advised this instruction to open the tank is in your instruction's booklet as well. 

  The tanks are indicated as 7-day or 12-day tanks everywhere on our website. Again, we even specify in the shipping section that life of tanks starts on ship date in case there is any doubt. The tanks are not 7-day tanks plus 1-2 shipping days. That means the life of the tank is for 7 days only. The lab can only charge the tank while it is in their possession, that means once it leaves our facility that 7-day tank has started its life cycle. That is standard protocol. Nothing different that Cryos is doing that would merit further explanation. We can only sympathize that it was misunderstood on the customer's end that a tank that is specified to only last 7 days could last longer than the 7 days to include shipping time. Despite the misunderstanding, again if the *** instructions had been followed the order documents would have cleared up any misunderstanding.

  Our condolences for the unfortunate situation but we will not be replacing or refunding in this case since the loss of goods is due to *** instructions not being followed. The courtesy offer of 10% discount and free shipping on next order remain approved on the customer's account.

  Customer response

  07/09/2024

   
  Complaint: 21926387
  
  I am rejecting this response because: In your original response, you stated that it is not your responsibility to know what I assume and what I dont, correct? But wasnt it your assumption that I understood the information because I had ordered from you before? You ASSUMED that since I had read the paperwork and ordered before,I knew that the time of the tank starts on the day of shipping. So, it's acceptable for Cryos to assume something of me, but when I assume something, I am at fault. Do you have a signed paper showing me agreeing to the tank's duration starting at the shipping time? Do you have a document I signed that acknowledged that the tank's duration began on shipping? Do you even have a document that says the tank duration begins the day of shipping?

  
  I spoke to your supervisor, who was a wonderful woman and was very understanding, and she mentioned that it was said in the terms and agreements that I needed to open the tank immediately to inspect. I read that section, and it says When shipment is received from the carrier, the recipient is obligated to examine the goods for any fault and deficiencies, which may have occurred during transport. If the goods have been damaged during transport, the recipient is obligated to note such damage in writing to the driver at the time of delivery and provide proof of this notification to cryos within 24 hours

  
  Now, where it does say note damaged in writing to the driver, it does not spell out you must open at the time of delivery and check for issues and it would be unfair of you to assume that every person reading that understands that you mean that you expect the recipient to open the dry shipper, then open the Cryos tank and inspect the vials in front of the ***** Driver. Anyone who is going through these kinds of processes and procedures has their reasons and needs and I would hate to think that you want patients and clients to offer up their personal and medical information by exposing these personal vials to a stranger. Please hold on, I need to open this document,then check the dates and numbers on these obvious sperm vials.

  
  I can understand that the company is a company and that the end goal is to make money. The company was not opened just to help people,because if it were, there would be no rhyme or reason to charge $1000+ when its often impossible for people to pay those fees, and when they do, they take out loans, max out credit cards, and claw their way to be able to afford it. If the goal was simply to help those who need it. So, I know that all I am is a few dollar signs to you, I am just another person behind the 16-digit card number, Im just a nameless and faceless number on a piece of paper, but this is my life. This is my money, my livelihood, and my ONLY attempt to have a family.
  I feel that I have more than explained Cryos fault in this and the lack of explanation and understanding of their terms and conditions. It also says in the terms and conditions that if we cannot agree, we can submit to dispute to a certified mediator. I am not beyond doing that. If there is no resolution you are willing to give other than 10% off and free shipping, then I will send a demand for mediation and will request that the Orange ********************** of ************************************ appoint one.
  
  Sincerely,
  
  *************************

  

  Business response

  07/12/2024

  Cryos response remains the same and we will include further supporting documentation. There was no assumption on Cryos end on what the customer understood or not. This is because the checkout process requires the customer to acknowledge that they have read, understood, and accept the Terms of Agreement in addition the Cryos Privacy Policy and the contents of the customer's chosen donors Summary of Records, including special circumstances that *** be stated about the donor. Customers cannot proceed to payment and finalize the order unless these acknowledgements are checked off. If not checked off, they will turn red to indicate these are required fields. Example attached for reference. Regarding having the delivery driver wait while the customer checks everything, that is not what is being said in the **** Signature is required upon delivery and yes the customer must inspect for any apparent damage during transit but we understand there could be some deficiencies caused during transit that are not immediately apparent or will not present themselves until thawed. It is not stating to pull out your specimens while the driver is waiting. That can be handled privately of course but does not change the fact that it states the goods must be checked. Not only on our ***, but on the website, and on the home insemination instructions booklet. Again, that is accounted for on the *** Section 9. Faults and Deficiencies of the *** states: When the shipment is received from the carrier, the recipient is obligated to examine the ***** for any fault and deficiencies, which *** have occurred during transport. If the ***** have been damaged during transport, the recipient is obligated to note such damages in writing to the driver at the time of delivery and provide proof of this notification to CRYOS within 24 hours. If the ***** have any faults or deficiencies which were not visible when the ***** were received, the CLIENT must inform CRYOS within 7 days after the fault or deficiency has been discovered by the CLIENT and no later than 14 days after delivery has taken place. Otherwise, the CLIENT loses the right to claim the fault or deficiency. CRYOS is only responsible for damage to the ***** if the damage is due to faults, deficiencies or neglect caused by CRYOS. If the ***** include ***** GAMETES and if the CLIENT has informed CRYOS, in writing and on time, of any existing faults or deficiencies for which CRYOS is responsible,CRYOS will replace the ***** GAMETES. If CRYOS replaces within reasonable time,the CLIENT cannot demand a reduction of the purchase price or cancel the AGREEMENT. Attached is the full section.
  
  Life of tank starting on ship date is noted on our website as well. It then proceeds to instruct customers to again once received to open tank and check to ensure straws are correct and in good condition. Attached is screenshot and here is the link: International Shipping & delivery of donor sperm | Cryos (cryosinternational.com)

  Handling the nitrogen tank
  The sperm straws are shipped in a tank charged with liquid nitrogen. A large nitrogen tank will keep sperm straws frozen for 12 days. Life of tank starts on ship date. When ordering online, please indicate in the text field if you want to pay extra for the large nitrogen tank. When you receive the tank, quickly open it to check your straws are correct and in good condition. Close after checking.
  
  We value all our customers and are honored to be a part of their journeys. This is more than just business and numbers. We are very sorry this situation has affected you and your family in such a heartbreaking way.That is never the goal, but it also isnt fair that we accept the loss because simple and clear instructions in place for the customers benefit noted in multiple areas of checkout and website were not followed. This situation by no means brings us joy or satisfaction because we truly want to help everyones family dreams come true.  The ************* team is available to help when situations arise, but customers have to do their part too as written in the **** We could have provided express return label to store and ship for a different cycle or sent an additional empty tank to extend the time. Something could have been done if the customer would have followed the instructions they agreed to on the *** and checked their goods upon receipt. Its very unfortunate that did not happen and that we were unable to intervene and avoid this loss. However, it was not due to any fault or deficiencies on Cryos end. We understand how difficult it must be to accept this loss when it could have been easily prevented. Cryos continues to extend offer for 10%discount and free shipping on the next order. 

  Customer response

  07/15/2024

   
  Complaint: 21926387
  
  I am rejecting this response because: When you go to your website, Cryos has several sub links that take you to different sections of the website. With that being said, sure, it may mention the life of the tank in the how to, and then under the shipping, however, It is not a requirement that the consumer read every link and every sub link, correct? The terms and conditions does not state that you must read every FAQ, read every page of information, etc. However, at check out, it says you need to read the terms and conditions, which I did. I have also included a PDF file of each screen of checkout, including the shipping page, where the details of shipping are "kind of" shown, but again nothing about the tank or the life of the tank. I understand that you want me to believe this isn't about money to you, but regardless of the facts that I present, you continue to say that Cryos has NO BLAME in this what so ever. When I have more than shown that your shipping details and agreements are not solid, they are not easily understood, and the rest is hidden deep into the website, which again, Cryos ASSUMES everyone reads. As I stated, since we cannot come to an agreement, I will reach out to the Florida Board and request a Mediator. 
  
  Sincerely,
  
  *************************

• Initial Complaint

  03/14/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  This company is literally scamming my bank and myself stating there was a charge back on 12/4/23 ( my bank took $1866 on December 4th as you see from all supported documentation from my bank who is very reputable this fraudulent accusation NEVER took place they do not even have any documentation supporting it no names no evidence of anything that my bank took any money! This information was sent to them and they still insist they are owed $1866 as you see paid in full on 8/23/23 and the merchant dispute from my bank was closed and cryos international never was touched all was paid and in fact two days prior to finding out this horrific case I purchased 2 more vials to send direct to my clinic I will be sure this company never causes someone else this financial crisis! ( fraud ) we are even having the clinic throw the vials out and losing 2 grand because we want nothing to do with a fraudulent business! Please please all beware also you will be hung up on ! You will get no actual proof that any such transaction occurred! Beware ! You will be crying

  

  Business response

  03/18/2024

  Summary of the customer case;
  
  Customer called ********************** *** ************* team to make purchase on *********. It was a rush order requiring same day shipment and as a courtesy the rush order fee was waived, and customer was educated on processing times for next order if needed.
  
  Order shipped to delivery address indicated on 21AUG23. Customer contacted us on ******* claiming goods were thawed and we informed our lab for testing of the tank in question upon tank return. **** was returned and tested at the end of August23 and passed testing. Tank did not fail to hold charge and kept appropriate freezing temperatures, see documentation.
  
  There was no deficiency on Cryos end so we could not offer replacement nor reimbursement. Additionally, the same tank number was shipped multiple times after including internationally without cause for concern and no complaints from other customers about thawed goods.
  
  Customer then disputed the charge and notice was received on 11OCT2023. We submitted rebuttal with proof no tank failure occurred, possible mishandling by the customer. The dispute was won with proof provided. The customer was notified, threatened legal action and we provided information where legal inquiries could be submitted for further escalation if needed. Clients account was flagged for no further purchases since disputed valid charge.
  
  The cardholder/issuer continued to dispute the transaction from 21AUG23 order and pre-arbitration notice was received on 08NOV23. Cryos did respond as we had no further proof to provide than what was provided. After failing to respond,Cryos received notice that our account was debited the $1,866 being disputed and returned to cardholders account.
  
  Customer created a new account with different email address and clinics address instead of their own address and new order was placed on 19FEB24 which shipped out on 21FEB24. The customer and ********************** had further interactions while processing the order for shipment but because a new account was created the flag about disputes on original account was not noticed. Otherwise, the order would have been cancelled and the customer refunded for disputing a valid charge.
  
  In this past week, the debt from AUG23 was sent to collections agency and that is when customers reached out to Cryos again claiming they did not receive the funds and even stating they did not dispute a 2nd time.
  
  We have provided all dispute documents, a letter from payment company stating funds were removed from our account and returned to cardholder, redacted screenshot that our account was debited the disputed $1,866.00, and we even provided the proof that their bank submitted both disputes on their behalf.Document highlighted on pre-arbitration section when 2nd dispute from cardholder where it states the cardholder maintains that they received services not as described from merchant.
  
  We have provided everything the customer has requested and have advised to follow up with their bank to investigate what happened with the credit because we have done beyond our due diligence to prove that there was no initial deficiency from original order in question and despite winning the rebuttal the customer disputed a second time which ultimately resulted in the funds being removed from account and back to the cardholder.
  
  We stand firm that the customer must have their bank investigate further if they truly have not received the funds in question, but we have a satisfactory measure of proof that we do not have the amount in question.
  
  Attached are all the documents pertinent to this case and email communication with customer provided everything they requested as proof.
  
  Since we can only upload 5 attachments to this response, we will send the further documentation to the BBB.
  
  
  

  

  Business response

  03/18/2024

  addtional documentation which has also previously been provided to the customer.

  Customer response

  03/18/2024

  Response : yes 8/23/24 is the one and only time I made a merchant dispute! I have a very reputable bank here in ******** and no funds were ever charged back because that would be illegal the documents they are providing are false and not from us ! The only document which still isnt accurate but would be correct is in August which they got paid in full as we provided proof ! The dispute was closed October 23rd and we went about our lives and realized we maybe made the mistake as we are not drs so I used my work email and purchased 2 more vials of sperm had it sent directly to my clinic anyone with common sense had they known they owed any moneys or disputes after August is definitely going to go to another sperm bank especially it was not the same donor my wife and I are seeing therapists from the mental anguish causing severe anxiety never in my wildest dreams did I think a business would go to this lengths I spoke to their business partner who handled this billing dispute who does not have the proper documentation proving this second and 3rd dispute from my bank or chargeback as well and also not BBB affiliated. We just want this nightmare to end we told our fertility clinic to dispose of the sperm as we want nothing to do with this facility but again keep in mind if we made two or three disputes and knew we owed $1866 nobody would order a second time from the facility there are other banks that do work with their customers and want whats best not  cause them to lose work hours Going to the bank daily just to find out the same answer my bank wrote a letter after August nothing was ever taken any further along with all our bank statements showing 0 chargebacks at this point if they want to continue this it would be between my banks legal team and them ! Thank you ********************* ! 

  Customer response

  03/18/2024

   
  Complaint: 21431899
  
  I am rejecting this response because: see message above please in response to why I cant accept it those documents are NOT real this DID not occur ! I been living at my bank no further action was ever taken place after august which they received the entire $1866 ! My bank states if they would like to take this any further they will have to take it up with the banks legal team ! They did NOT send ANY disputes after August as well and since the companies billing department is blaming teachers federal credit union with two different debit card numbers its imperative they reach their legal team none of this occurred ( see above ?? message ) thank you have a blessed evening . 
  
  Sincerely,
  
  *********************

• Initial Complaint

  12/18/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Ordered Sperm from this company twice. Both times this was not what I payed for, meaning the quality was low. The second time I got a call from the fertility clinic stating the sample was much less than what I bought and motility was low at 14%. They requested paperwork from my clinic but responded that the Sperm had been washed prior to measuring the parameters. That is an excuse because the sperm would have been worse off of ICI. They don't want to reimburse the money which is **** $. Planning to *** them and have them pay for the procedure as well since their faulty sample caused the procedure to fail. Considering the amount of money spent infertility this people talking advantage of myself and ordered is immoral and disgusting. We all come from a place of desperation and longing and they should reimburse me way more for the emotional damage. I won't let this go until I get my money back. Buy somewhere else, this is not a reputable bank.

  

  Business response

  12/22/2022

  We wish the customer would have reached out to us through our customer care department as we do have a motility guarantee and will gladly work with her to replace or refund her recent purchase. Typically, we ask the clinic to provide us with a report and we did request additional information upon receipt, but they have not responded yet. We are in contact with them. The reason we do this is that they sometimes thaw and/or process our straws improperly. In order to have a successful procedure we need to make sure they are processing the sample correctly. We noticed both a time factor and that they washed the sample before doing the *** which could be the reasons for the low count. However, we realize this is not the patient's fault and will happily work with the patient directly.

• Initial Complaint

  08/08/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I am a storage customer of Cryos. I initially froze as a directed donor with an affiliate, Cryos NY, in 2012. When they closed in 2015, I (and others?) were transferred to Cryos International "to continue to service your contract," (in their own words) but this has not been my experience. Cryos have refused to allow me to use my specimens, claiming that they don't support donation, and that I had done no health testing, and that their records said that I had only frozen for the benefit of my married partner. All of this was fiction: I hadn't even been married at the time! I have never signed any contract with Cryos international; my contract was with Cryos NY and it was explicitly for directed donation. Cryos International never informed me of any change in policies, nor did they give me the option to transfer out to choose another facility that would honor my contract. When I transfer out to another cryobank, Cryos International sends false documentation with the transfer intended to make it impossible for me to be a donor. They state that it is their policy to send the same statements about all of their customers regardless of the truth, to prevent directed donation. Cryos International has not followed HIPAA regulations in releasing my information to me, claiming that my records are either proprietary or missing, although they do find them later when transferring to another cryobank. They also do not follow HIPAA requirements in correcting my information, since despite my efforts to inform them otherwise they are still continuing to falsely claim that my samples were frozen for the benefit of my married partner, who didn't exist. I want Cryos to perform to the original contract that they took over, to release the original documentation for me as a directed donor, and to correct the misinformation that they have propagated to other cryobanks. As I am no longer fertile, this is my only hope for helping to start new families.

  

  Business response

  09/12/2022

  Business Response /* (1000, 5, 2022/08/19) */ Contact Name and Title: Betsy Herp Director Contact Phone: 4072031175 Contact Email: bhe@cryosinternational.com Thank you for bringing this issue to our attention. We have reached out to the customer and we are working directly with them to resolve it.

• Initial Complaint

  02/17/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  Going through IVF as a childless couple is heart wrenching and we had to purchase eggs from a donor due to my age. We purchased 6 eggs from Cryos in the fall of 2021 with the understanding that we would obtain a day 5 embryo to transfer for IVF with a 74% chance of pregnancy per transfer according to their website claims and guarantees. The first batch of eggs from Paulette had a fatal issue; no eggs fertilized with direct injection of sperm. This is so rare and due to poor egg quality. I no longer trusted their product and requested a refund from Cryos. Upon review, Cryos declined to give a refund. They only offered to replace 6 eggs and repeat the genetic testing which had been done with the first batch. The second batch was from Raina and yielded one slow developing embryo. The embryologist at the clinic didn't consider it a viable blastocyst until day 6 (which does not meet the Cryos day 5 guarantee). The blastocyst was transfered but didn't result in a pregnancy in January 2022. I was devastated. Not one normally developing embryo out of a dozen eggs, several months wasted, and over $14,000 gone. My clinic reached out to Cryos independently because they felt another replacement was indicated. After Cryos review/escalations, staff claimed to have fulfilled their requirements and won't supply a viable batch of eggs to result in at least one day 5 blastocyst. As a consumer, I feel their website claims of egg quality and pregnancy rates are not accurate and that we have been fleeced of money during an emotional time. These lengthy delays have cost us emotions and time and additional money for medications/clinic fees. I have attached pdfs of our receipts and the Cryos guarantee. I feel the integrity of the company an issue. I want a refund, as I had requested prior. It would be possible for us to use those funds to purchase eggs from a more reputable vendor and have a true attempt at a family which was our original intention.

  

  Business response

  03/23/2022

  Business Response /* (1000, 5, 2022/02/24) */ Our guarantee for egg purchases is stated clearly on our website It is a standard guarantee given by most egg banks in the United States. We feel that we have already met the guarantee with this customer as she has been given a replacement set of eggs from a different donor. She got embryos from this second set of eggs and one (grade 5AB) was transferred by her physician, however she did not get pregnant. Unfortunately, we are unable to guarantee a pregnancy for our customers. There are so many factors at play like chemistry, sperm quality, uterine quality, etc. that are involved in creating a child. We wish her the best of luck on her path to parenthood, we know how difficult it can be. Consumer Response /* (3000, 7, 2022/02/27) */ (The consumer indicated he/she DID NOT accept the response from the business.) CRYOS EGG GUARANTEES: The Cryos Donor Egg One Blastocyst Guarantee stipulates a day 5 blastocyst OR pregnancy per 6 egg batch so Cryos does offer a pregnancy guarantee. In addition to this egg replacement scheme (aka The Donor Egg One Blastocyst Guarantee), Cryos makes additional guarantees on a different website page which apply to any 6 egg batch they send out (including replacement batches): "with a blastocyst rate of 47 percent that beats industry standards, Cryos guarantees that on average anyone purchasing six of its donor eggs will have results of more than one high-quality embryo, yet most patients are getting two or more." I did not receive more than one high-quality embryo among 12 eggs! Moreover, I don't believe it is even possible to guarantee any individual egg purchaser what will happen "on average" but this appears to be what Cryos is doing here. In its response to my initial complaint, Cryos asserted that complex vagaries complicate embryo hatching and pregnancy to a degree that little is certain. In the website advertising copy that drew me to them to spend money, you see there is no such circumspection. CRYOS EGG RESULTS: I purchased 6 eggs and no embryos resulted so I requested a refund which Cryos denied. In the 6 egg replacement batch--only ONE embryo survived past day 5. This abnormally slow developing embryo was a 5AB DAY 6 blastocyst (the 5 in grade 5AB does not stand for the day it became a blastocyst but describes its appearance) which was a "good" embryo morphology but not high quality and did not result in a pregnancy. ATTEMPTS TO RESOLVE DISCREPANCY BETWEEN GUARANTEES AND RESULTS: My Cryos reference clinic and I attempted to work with Cryos on a fair resolution at multiple points during this IVF process. In fact, my Cryos reference clinic informed me they will no longer use Cryos moving forward: "Cryos just didn't do the right thing by you and we care about our patients." Cryos' response to the BBB complaint reflects their continued refusal to work toward a fair resolution. EGG BANK PRACTICE STANDARDS: It is important to note that I did not sign an agreement with Cryos about how to resolve a dispute or that I would agree to the Donor Egg One Blastocyst Guarantee resolution. Cryos guarantees do not preclude a refund for a flawed product. I was informed by my Cryos reference clinic that other egg/sperm banks they use would have immediately sent out a third batch of eggs free of charge--this is the standard of care, best business practice, and clinician expectation under the circumstances. Cryos can show they do know how difficult the path to parenthood can be by acting ethically with a full refund. BOTTOM LINE: 1--Cryos sells a product with quality/efficacy guarantees but their eggs didn't meet those specifications TWICE. 2--I no longer trust Cryos and want to sever this relationship. 3--A full refund is fair because I am holding Cryos responsible for their guarantees but am not asking Cryos to pay for my additional failed cycle costs. Business Response /* (4000, 9, 2022/03/03) */ We stand by our guarantee. The customer purchased 6 eggs. She did not get a blastocyst. Our guarantee was not met therefore, we replaced her 6 purchased eggs with another set of 6 donor eggs. She got a blastocyst from the second set of eggs and the embryo was transferred. Our guarantee was met. Consumer Response /* (4200, 11, 2022/03/06) */ (The consumer indicated he/she DID NOT accept the response from the business.) The Cryos reply is deceptive. Cryos does not assert just one simple guarantee on its website as its brief reply suggests. The reality is Cryos doesn't stop with just one blastocyst/pregnancy OR replacement cohort per 6 eggs guarantee, Cryos asserts additional guarantees on its website, designed to lure the consumer: --That their blastocysts are high quality, which according to the Cryos website definition is a normally developed day 5 blastocyst --That more than 1 but usually more than 2 of these day 5 blastocysts happen with ANY 6 Cryos eggs (not just the first batch of 6 eggs) while using the word "guarantee" in the same sentence. I asked for a full refund after the first 6 eggs because I knew something was not right. I should have received a refund at that point, not more defective eggs. Now I have been BURNED TWICE--the second time with even greater consequences (e.g., clinic/medication fees, wasted insurance benefits, emotional turmoil). The chain of events I have reported is not the emotionally overwrought complaint of a disappointed patient, these are scientific findings and opinions of a Cryos reference clinic. Cryos has 2 other recent customer complaints on the BBB website complaining about products which didn't match Cryos guarantees/information published on their website. My fellow Cryos customers and I want better business practices and for Cryos to rectify issues in the manner that best suits the customer. None of the other egg banks used by my clinic or in my area have ANY complaints so it is entirely possible to do the right thing in the egg bank industry. Please refund $14,580.00 to my credit card at your earliest convenience.

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