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Windows USA Deceptive Sales Practices Class Action

The complaint for this class action asserts that the defendants—Wells Fargo, Windows USA, and a company related to Windows—used unfair pressure tactics and outright misrepresentations to lure potential customers in to signing agreements, related to window replacements and their financing, that did not provide what they were said to provide.

The class for this action is all those “who have been victimized by” the sales, advertising, financing, and business practices of the defendants in this case relating to the operation of Windows USA/Alaskan Window Systems.

The complaint charges that Windows used high-pressure tactics in sales, such as scheduling late-night, in-home visits and refusing to leave until an agreement was signed and misrepresenting the terms of the agreements. Since the plaintiff in this case, Gwendolyn Byrd, is blind and unable to read printed documents, the complaint asserts that she relied on representations made by the sales agent and allowed the agent to fill out the paperwork on her behalf.

According to the complaint, what she was promised was a new set of windows that would lower her monthly electric bills by “at least 50%” and an increase in the fair market value of her home, via a closed-end loan, with a full refund guarantee if she were “ever less than 100% satisfied”. Unfortunately, the complaint says, none of this was true.

The complaint alleges that the “Windows USA Finance Term Review and Disclosure” form was intentionally deceptive, misrepresenting several things: (1) the number and amount of payments, (2) that she was applying for a credit card rather than a closed-end loan, (3) that the funding source was not “Wells Fargo Financial National Bank,” and (4) that the interest rate was 10.99% when in fact it was 27.99%. In addition, the complaint says, Byrd has not seen any noticeable savings on her electric bills nor an increase in the value of her home.

The complaint alleges that the defendants in this case have violated the Truth in Lending Act, committed fraud, breached warranties, and been guilty of gross negligence. It also finds violations of the Mississippi Consumer Protection Act, the Fair Credit Reporting Act (for reporting the existence of the credit card), and the Telephone Consumer Protection Act (for subsequent calls to Byrd). 

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Windows USA Deceptive Sales Practices Class Action

June 29, 2017

The complaint for this class action asserts that the defendants—Wells Fargo, Windows USA, and a company related to Windows—used unfair pressure tactics and outright misrepresentations to lure potential customers in to signing agreements, related to window replacements and their financing, that did not provide what they were said to provide.

windows_usa_complaint.pdf

Case Event History

Windows USA Deceptive Sales Practices Class Action

June 29, 2017

The complaint for this class action asserts that the defendants—Wells Fargo, Windows USA, and a company related to Windows—used unfair pressure tactics and outright misrepresentations to lure potential customers in to signing agreements, related to window replacements and their financing, that did not provide what they were said to provide.

windows_usa_complaint.pdf
Tags: Deceptive Sales Practices, Misrepresentation of Terms of Sale, Misrepresenting Terms of Loan, Misrepresenting Type of Loan, Truth in Lending