Wells Fargo and Window Company Hit with Lawsuit

May 18th, 2017 by Tara Taffera

Homeowners in Jackson, Miss., have filed a lawsuit against Wells Fargo and an Arkansas window company for being “victimized by the deceptive, fraudulent, unconscionable, high pressure, in-home sales, advertising, financing and business practices of the Defendants …”

The co-defendant listed on the court documents is The Window Source LLC. But when DWM magazine reached out to the company for comment, its president, Keith Kailian, says that Gettysburg, Pa.-based The Window Source was errantly named.

“According to the exhibits in the case the homeowner had a contract with ‘The Window Source of Arkansas’ located at 101 Millcreek Rd. in Hot Springs, Ark,” says Kailian.“…The ‘Window Source of Arkansas’ was a dba registered in Arkansas, by Morph Properties LLC. Morph Properties LLC was an independently owned and operated window dealer of the Window Source LLC at the time of the contract.” He adds that Morph Properties is no longer a dealer of The Window Source LLC and currently makes its own windows doing business as WinChoice USA. “The Window Source LLC just became aware of the lawsuit and our attorney will be contacting the plaintiff’s attorney to correct the error.  The Window Source LLC has never had a business relationship with Wells Fargo …”

In any event, the plaintiffs, Wilbert and Esther McCoy, filed the suit May 12, 2017, in the U.S. District Court for the Southern District of Mississippi Jackson Division, and are seeking to certify the case as a class action lawsuit.

Among the complaints in the lawsuit, the couple alleges that the company promised its perspective customers “over 50 percent on their monthly home electric bills, but no such savings occur.”

Second, it claims the company “misrepresent[s] the alleged increase in the appraisal value of the homes of its customers that will be realized following the installation …”

The lawsuit also takes issue with “an elaborate referral scheme of $50/$50 cash.” “Specifically, this allegation refers to the exclusive financing relationship that exists between [the window company] and Wells Fargo, whereby customers are led to believe that they are applying for a traditional, closed-end loan only for the amount of the ever-shifting price quoted by [the window company] sales representative,” the complaint reads. “In fact, the Defendants, without any authorization or agreement from their customers, sign their customers up for what it turns out to be a Visa Home Projects credit card, issued by Wells Fargo.”

According to court documents, the loan option plan “fraudulently represented that it would create a credit agreement whereby the McCoys would be approved for closed-end financing of $5,301.85 at a fixed interest rate of 7.9 % APR, when it is, in fact, provided by a Visa Home Projects Program credit card that carries an interest rate of 28.24% APR.”

This is not the first time Wells Fargo has been sued by a homeowner, along with a window company. A lawsuit, brought by a Waynesboro, Va., couple, also alleged they were “tricked into signing a credit card agreement rather than a closed-in loan form,” according to an article in The Clarion Ledger.

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  1. How can they get away with the signing youbup for the credit card if you sign papers for a closed-In Loan?? And how could someone tell the difference? Where would we look?

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