NEW YORK, June 20, 2018 /PRNewswire/ — On Tuesday, consumer protection law firm Schlanger Law Group LLP filed a class action complaint against West Creek Financial, Inc. in the U.S. District Court for the Eastern District of New York. The complaint alleges that West Creek employed deceptive, unfair, and deficient rent-to-own agreements and otherwise violated New York law in its financing and servicing of rent-to-own agreements.
The named plaintiff, Rawle Daisley, agreed to finance a laptop computer and speakers from Electronics For Best in 2017. Mr. Daisley alleges that although he did not sign any documents with defendant West Creek Financial, the company soon thereafter began debiting his bank account in connection with the purchase.
The complaint alleges that West Creek, in its dealings with Mr. Daisley and thousands of other similarly situated consumers, violated New York Personal Property Law Section 501 (which deals with rent-to-own transactions) and New York General Business Law Section 349 (which bars deceptive conduct in consumer transactions) in several ways, including:
- Failing to inform consumers of their substantive rights as required by law;
- Applying a payoff formula that does not comply with Section 504, and which disadvantaged consumers;
- Failing to customarily provide receipts for periodic payments as required by Section 504(1);
- Failing to provide an early purchase option chart as required by Section 501(12);
- Failing to provide notice of its maintenance and repair or replace obligations under Section 504(b), and using a form agreement that placed those maintenance obligations on the consumer; and
- Failing to include required provisions in its contract advising the consumer of the right to review the agreement for up to 48 hours before signing
The complaint also seeks rescission based on the allegations of West Creek’s false statements, concealment, non-disclosure, and deception.
The case is Rawle Daisley v. West Creek Financial, Inc.
If you have entered into a rent-to-own contract and believe you were treated unfairly, call 212-500-6114 or visit www.consumerprotection.net.
About Schlanger Law Group LLP
Schlanger Law Group LLP is a consumer protection law firm with offices in Manhattan and upstate New York. We are dedicated to protecting consumer rights through class action litigation and sophisticated, zealous advocacy under the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Truth in Lending Act (TILA), and other state and federal consumer financial protection statutes.