Suit Says Windows USA Tricks Consumers with ‘Deceptive’ Sales Tactics
by Erin Shaak
Last Updated on May 8, 2018
Byrd v. Wells Fargo, N.A. et al
Filed: June 29, 2017 ◆§ 3:17-cv-00522-TSL-RHW
Wells Fargo, N.A., Windows USA, LLC, and Big Four Companies, Inc. are on the receiving end of a proposed class action lawsuit that claims they deceived consumers into installing new windows.
Mississippi
Wells Fargo, N.A., Windows USA, LLC, and Big Four Companies, Inc. are on the receiving end of a proposed class action lawsuit that claims they deceived consumers into installing new windows through “high-pressure” sales tactics and false promises of savings. The plaintiff, a blind Mississippi woman, says she met with a Windows USA representative in her home and was promised 60-70% savings on her electric bill and an increased appraisal value of her home if she installed Windows USA’s Alaskan windows. The suit claims that the plaintiff did not save any money and was tricked into signing up for a Wells Fargo Visa Home Projects Program credit card instead of a fixed-interest loan, as was supposedly presented in the demonstration. The plaintiff was allegedly led to believe that her interest rate would be fixed at 10.99%, but found out later that the credit card she unknowingly signed up for had an interest rate of 27.99% APR, according to the suit.
The complaint claims that the defendants violated the Fair Credit Reporting Act by “knowingly, incorrectly, and maliciously” reporting the existence of a new credit card that the plaintiff did not authorize.
In addition, the suit argues that the defendants used an automated dialing service to place calls to the plaintiff’s cellular telephone and market its referral program, despite the plaintiff’s demand that it stop calling. According to the complaint, “these multiple and continual unconsented telephone communications” violate the Telephone Consumer Protection Act.
The plaintiff claims that she relied on false representations and paid an unfairly high price for “sub-par” windows and has suffered “severe financial damages.”
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