plainnffs, 3 :17-cy- 5pq

Case 3:17-cv-00522-TSL-RHW Document 1 Filed 06/29/17 of 21

I L E

IN THE UNITED STATES DISTRICT COURTJUN 29 2017

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI 8yART""Q

Ps"JACKSON DIVISION

Gwendolyn Byrd, on behalf of herselfand all of those sirrnlarly situated

Plainnffs,Civil Action No. 3 :17-cy- 5PQ --r~

V.

Wells Fargo, N.:1. d/b/a Wells FargoFinancial Bank; Windows USA, l

d/b/a Windows USA and AlaskanWindow Systems; and Big Four

Companies, Inc.

Defendants.

COMPLAINT

COMES NOW the Plaintiff and prospective Class Represenuitive, under Federal

Rule of Civil Procedure 23, Gwendolyn Byrd, on behalf of herself and all of those similarly

situated, who files suit against the above-named Defendants, and plead as follows:

11- TRY TRJ.-1.1_, DEA4ANOLD

PARTIES

The Plaintiff, Gwendolyn Byrd ("Ms. Byrd"), is an adult citizen of Hinds

County, Mississippi, who resides at: 526 Whitegate Drive, Jackson, Mississippi 39206. Ms.

Byrd may be served via her counsel-of-record in this matter.

2. The first-named Defendant, Wells Fargo, N.A. d/b/a Wells Fargo National

Bank, is a national banking corporation with its principal office address located in Sioux

Falls, South Dakota. Wells Fargo may be served with process through its registered agent

COMPLAINT Page 1 of 21


with the Mississippi Secretary of State's Office: Corporation Service Company, 5760 1-55

North, Suite 150, Jackson, Mississippi 39211.

3. The second-named Defendant, Windows USA, LLC ("Windows USA"),

d/b/a Windows USA and Alaskan Window Systems, is an Arkansas limited liability

company, registered as a foreign company licensed to do business in the state of Mississippi,

with its principal place of business located at: 235 Sunshine Road, Royal, Arkansas 71968.

Windows USA may be served with process through its registered agent with the Mississippi

Secretary of State's Office: CT Corporation System, 645 Lakeland East Drive, Suite 101,

Flowood, Mississippi 39232.

4. The third-named Defendant, Big Four Companies, Inc. ("Big Four") is an

Arkansas limited liability company, registered as a foreign company licensed to do business

in the state of Mississippi, with its principal place of business located at: 235 Sunshine Road,

Royal, Arkansas 71968. Windows USA may be served with process through its registered

agent with the Mississippi Secretary of State's Office: CT Corporation System, 645 Lakeland

East Drive, Suite 101, Flowood, Mississippi 39232.

5. Big Four is, upon information and belief, the Managing Member of Windows

USA, LLC, and it responsible for the decision-making of the business operating as Windows

USA/Alaskan Window Systems, with propinquity of ownership between these two business

entities. Big Four is joindy and severally liable for any damages suffered by the wrongful

actions of Windows USA, LLC, as pleaded in this Complaint.



JURISDICTION AND VENUE

6. This Court possesses subject matter jurisdiction over the claims made in this

Complaint based upon federal question jurisdiction under The Truth in Lending Act

("TILA"), 15 U.S.C. 1601, et. seq., as amended, the Fair Credit Reporting Act ("FCRA"),

and the Telephone Consumer Protection Act ("TCPA"). Further, federal diversity

jurisdiction exists in this matter, as the Plaintiff is a citizen of the state of Mississippi, and all

three Defendants are citizens are Arkansas and South Dakota/California, respectively.

Complete diversity exists between the parties of this action, and the claims of the Plaintiffs,

not counting the potential claims of the proposed Rule 23 Class, exceed $75,000.00.

7. This Court possesses personal jurisdiction over each of the Defendants in this

action based upon their substantial and puiposeful contacts with Mississippi, the forum

state.

8. Venue for this dispute properly lies with this Court, as this litigation involves

substantial alleged acts or omissions which occurred in Jackson, Hinds County, Mississippi

(among other locations, presumably), located within judicial district of the United States

District Court for the Southern District of Mississippi.

REQUEST FOR CLASS CERTIFICATION UNDER FEDFERAL RULE OFCIVIL PROCEDURE 23

9. Ms. Byrd, on behalf of those similarly-situated, seeks certification as the class

representative for a class action lawsuit, under Rule 23 of the Federal Rules of Civil

Procedure.

10. The class sought to be certified under Rule 23 of the Federal Rules of Civil

Procedure, with Ms. Byrd as the class representative, is all of those who have been



victimized by the deceptive, fraudulent, unconscionable, high-pressure, in-home sales,

advertising, financing, and business practices of the Defendants, as it relates to operation of

the business marketed as Windows USA/Alaskan Windows Systems (and for which Wells

Fargo provides exclusive, and deceptive, financing). Presumably, any individual who has

bought from, or otherwise has been financially-injured by, the business practices described in

this Complaint is a potential member of the Rule 23 class sought to be certified in this civil

action.

11. Ms. Byrd, as victim of the deceptive, fraudulent, unconscionable, high-

pressure, in-home sales, advertising, financing, and business practices of the Defendants, as

it relates to operation of the business marketed as Windows USA/Alaskan Windows

Systems (and for which Wells Fargo provides exclusive, and deceptive, financing) has been

financially-injured by the business practices described in this Complaint.

12. Ms. Byrd, as the prospective class representative, and the prospective

members of this class, under Federal Rule of Civil Procedure 23, have shared similar injuries,

and have suffered from similar forms of financial injury as a sole and proximate result of the

deceptive, fraudulent, unconscionable, high-pressure, in-home sales, advertising, financing,

and business practices of the Defendants, as it relates to operation of the business marketed

as Windows USA/Alaskan Windows Systems (and for which Wells Fargo provides

exclusive, and deceptive, financing).

13. Specifically, as relates to the appropriated of this proposed class certification

under Rule 23(b)(2) of the Federal Rules of Civil Procedure, the Defendants have acted

and/or refused to act on grounds generally applicable to the class, making appropriate



declaratory and injunctive relief with respect to Ms. Byrd, and the class as a whole. The

proposed class members are entitled to injunctive relief to end the Defendants' common,

uniform, and deceptive trade, sales, advertising, and financing practices.

14. Further, the proposed class is so numerous that joinder would be

impracticable. Although the precise number of members of the proposed class is currently

unknown, this number is far greater than can be feasibly addressed through joinder.

15. The class members of the proposed class also share common questions of fact

and law. Among these common questions of fact are law are: (1) whether the Defendants'

policies or practices, as relate to the operation of Windows USA/Alaskan Window Systems

(and Wells Fargo, as to the financing) are deceptive, unlawful, unconscionable, and

fraudulent; (2) whether the Defendants' policies and practices violate the TILA, 15 U.S.C.

1601 et.seq., as amended (and the corresponding, duly-promulgated federal regulations to

enforce this statute), as well as the FCRA (based upon the false and inaccurate reporting of

the financing of these financed window-sales transactions as open-ended credit card

accounts, instead of closed-end loan accounts with the major credit reporting bureaus), and

the TCPA (based upon explicitly-unauthorized calls made by the Defendants through

automatic-dialing-systems for the purpose of harassing customers into giving referrals to the

Defendants for further in-home sales demonstrations); and (3) whether monetary damages,

injunctive relief, and/or other equitable remedies for the class are warranted.

16. Ms. Byrd, the proposed class representative, has suffered injuries, and has

claims, that are typical of all customers (victims) of the deceptive trade practices described in

this Complaint.



17. Ms. Byrd, as the proposed class representative (the Class Plaintiff), will fairly

and adequately represent and protect the interests of the members of the class. Ms. Byrd,

and her counsel, are prepared to take this litigation through trial, and appeals, to fully and

adequately represents the interests of the members of the proposed class(es) contained in

this Complaint.

FACTS

18. Ms. Byrd suffers from severe degenerative Retinitis pigmentosa (RP). She is

blind.

19. At all times related to the facts pleaded in this lawsuit, Ms. Byrd was

completely blind and unable to read printed documents without assistance or a braille

translation.

20. Ms. Byrd, due to her blindness, completely and entirely relied upon the

representations and reading of what was contained in the text of the transaction-

documents presented to her by the Defendants in this Complaint by the Defendants, and

their agents.

21. Windows USA's/Alaskan Windows Systems' sales, advertising, and financing

(via Wells Fargo) model is based upon deceptive, fraudulent, unconscionable, high-pressure,

in-home sales, advertising, financing, and business practices. To put in bluntly: the products,

the sales practices, the referral-program, and especially, the financing-scheme devised and

perpetuated by the Defendants is a fraud and a scam.

22. First, Windows USA/Alaskan Windows Systems knowingly, or in a (grossly)

negligent manner, and as a matter of standard and customary practice, misrepresent the



alleged savings that its customers will realize on their monthly utility bills. Although the in-

home (and incredibly and unconscionably high-pressure) sales force of Windows USA

promises its prospective customers an immediate savings of 60-70% on their monthly home

electric bills, no such savings occur.

23. Second, Windows USA/Alaskan Windows Systems knowingly, or in a

(grossly) negligent manner, and as a matter of standard and customary practice, misrepresent

the alleged increase in the appraisal value of the homes of its customers that will be realized

following the installation of Windows USA's products. Although the in-home (and

incredibly and unconscionably high-pressure) sales force of Windows USA promises its

prospective customers an immediate increase in the appraisal value of their homes (generally,

120% of the cost of the Windows USA product but always more than the cost of the price

quoted by the sales representative of Windows USA). Despite these explicit promises

(warranties), reasonably relied upon by the prospective customers ofWindows USA, no such

fair-market-value increases, as appraised, occur.

24. Third, the price of the products and installation, of said products, offered by

the high-pressure sales force of Windows USA/Alaskan Windows Systems, is a scheme of

bait-and-switch. The actual price of the products offered by Windows USA is not consistent.

The sales force ofWindows USA, who often refuses to leave prospective customers' homes

(despite these in-home appointments regularly running past 10 P.M.) until the Defendants"

sales and financing agreements are signed, plays fraudulent games regarding the prices of its

products and services. The sales representatives for Windows USA regularly call their

"supervisors" to obtain special, for-you-only, one-night-only, so-called "Savings Vouchers."



The elaborate design around this deception and fraud is consistent with the overall business

practices of the Defendants, as it relates to the sales, advertising, and financing of Windows

USA products, and even the products, themselves.

25. The financing of the Windows USA customer-purchases (derived from

unlawful, deceptive, and unconscionably high-pressure sales tactics, with the sales

appointments, themselves, always induced by an elaborate referral-scheme of $100 Wal-Mart

gift cards) is deceptive, fraudulent, unlawful, and unconscionable. Specifically, this allegation

refers to the exclusive-financing relationship that exists between Windows USA/Alaskan

Windows Systems and Wells Fargo Bank, 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 Windows USA sales representative. In fact, the Defendants actually trick or

otherwise induce, without the required disclosures about the nature of the credit-application

being executed, the customers to apply for what turns out to be a Visa Home Projects credit

card, issued by Wells Fargo bank.

26. As a standard practice, Windows USA's sales force completes all paperwork

that is executed during these late-night, in-home appointments, and then simply gets the

customers to sign the paperwork that was filled out by the Windows USA sales

representative.

27. This practice, pleaded in the paragraph above, is aimed by the Defendants at

deceiving and /or concealing from the prospective customers of Windows USA/Wells

Fargo: (1) the nature and quality of the actual products they are purchasing; (2) the many

terms and conditions that apply to Windows USA's so-called "100% Satisfaction Guarantee"



program; and (3) the financing terms and the fact that a Visa Home Projects Program

credit card is being applied for of the transaction. This practice of the Defendants, among

constituting various other torts, breaches of express warranties and implied covenants, and

statutory-violations, is an unlawful violation of the Truth in Lending Act.

28. On or about September 22, 2015, Ms. Byrd, induced by the unconscionable

and sleazy Wal-Mart Gift Card Referral Program of Windows USA, allowed a sales

representative of that company to make an in-home demonstration of the Windows

USA/Alaskan Windows Systems product(s).

29. During this Fall 2015, in-home demonstration, the Wells Fargo/Windows

USA sales representative: (1) promised (expressly-warranted) Ms. Byrd that she would 100%,

without qualification, realize a savings of "at least 50%" on her monthly electric bills, from

the date that the Windows USA products are first installed; (2) promised (expressly-

warranted) Ms. Byrd that she would 100%, without qualification, realize an immediate

increase in the appraised fair-market-value of their home of at least the cost of the windows,

$6,720.77, from the date that the Windows USA products are first installed; (3) filled out all

paperwork (Ms. Byrd, once again, is blind) and, while misrepresenting and/or concealing the

fact that a credit card was being applied for (the financing was always described as an

unsecured, "closed-end loan from Wells Fargo"), instructed Ms. Byrd just to sign all of the

forms without possibly reading them (the sales representative would "read" a lie the

terms of the documents), as it was already late in the night; and (4) promised Ms. Byrd,

without any qualification, that if she is "ever less than 100% satisfied" with the Windows

USA windows, then she would get a full refund.



30. All of the above promises made by the Defendants to Ms. Byrd were not true,

or were deceptive and fraudulent.

31. Ms. Byrd was also provided a deceptive and fraudulent "Estimated Project

Savings" by the Defendants, wHch falsely-represented to Ms. Byrd that she would enjoy an

"Estimated Project Savings (E.P.S.)" of many thousands of dollars, which has not occurred.

The windows are sub-standard and are not what they were represented to be at the time of

purchase.

32. The Defendants also used their customary, yet fraudulent and deceptive,

"Windows USA Finance Term Review and Disclosure" form the central form that

Windows USA and Wells Fargo use to trick, misrepresent, and deceive their prospective

customers as it related to the practices at issue in this Complaint to deceive, mislead, and

defraud Ms. Byrd. It is essential to note several facts about the fraudulent and deceptive

Windows USA Finance Term Review and Disclosure Form that was used to defraud Ms.

Byrd in this transaction: (1) the numbers of payments, and the amount ofpayments, at the

interest rate listed in this form, are intentionally incorrect, for the purpose of inducing

prospective customers to agree to the sale and financing terms; (2) the Finance Term Review

and Disclosure form did not disclose that a Visa Home Projects Program credit card is the

actual financing-vehicle for this transaction; (3) the Finance Term Review and Disclosure

form fraudulently represented that "Financing Provided By Wells Fargo Financial National

Bank", when it is, in fact, provided by a Visa Home Projects Program credit card; and (4) the

Finance Term Review and Disclosure form fraudulently represented that "this

UNSECURED line of credit has been approved as a FIXED interest rate of 10.99%", when



it is, in fact, provided by a Visa Home Projects Program credit card that carries an interest

rate of 27.99% APR.

33. Ms. Byrd never signed, nor consented in any way, to any Wells Fargo Visa

Credit Card Application. If such a document is produced in this litigation that purports to

include Ms. Byrd's signature, then that documents is either a forgery or is the product of

specific fraud-in-the-factum about the nature of the document, itself. This is necessarily true

given the fact that Ms. Byrd has been blind nearly her entire life.

34. Ms. Byrd never agreed to resolve any dispute related to this transaction via

binding arbitration.

35. Ms. Byrd has never agreed, at any time, to waive her rights, under Federal

Rules of Civil Procedure 23, to bring forward a proposed class action lawsuit related to the

transaction at the center of this dispute.

36. A copy of the image of the credit card that was fraudulently and deceptively

issued to Ms. Byrd, unbeknownst to her, is attached, and incorporated into, this Complaint

as Exhibit "1".

37. A collection, for illustrative purposes, of the immense amount ofWindows

USA Referral-Program marketing materials, left with Ms. Byrd, is attached, and hereby

incorporated into, this Complaint as Collective Exhibit "2". These materials illustrate the

high-pressure, unconscionable, deceptive, and just plain sleazy nature of the sales practices

of Windows USA/Alaskan Windows Systems, at issue in this lawsuit.

38. A collection, for illustrative purposes, of the immense amount of Windows

USA marketing materials, left with Ms. Byrd, that promise customers "100% Satisfaction,



"a 100% Guarantee", and which make other false claims regarding the quality of the

products and services of Windows USA is attached, and hereby incorporated into, this

Complaint as Collective Exhibit "3". These materials illustrate some of the many deceptive

and false claims that Windows USA/Alaskan Windows Systems makes to its prospective

customers, and which are at issue in this lawsuit.

39. Ms. Byrd is not 100% satisfied with the quality, or installation, of her

Windows USA/Alaskan Windows Systems products.

40. Ms. Byrd has not realized any noticeable savings on their monthly electric

bills, as promised Windows USA.

41. Ms. Byrd has not realized any increase in the fair-market-value of her home as

a result of the installation of the Windows USA/Alaskan Windows Systems windows, as

promised by Windows USA.

42. Ms. Byrd has been deceived, tricked, and defrauded into signing up for a Visa

Home Projects Program credit card, as a result of the wrongful and deceptive acts of the

Defendants. Ms. Byrd never consented to this credit card, nor applied for it, in any way.

43. Windows USA misrepresents and deceives its prospective customers regarding

the so-called state-of-the art, high-tech nature of its windows, which, in reality, are nothing

more than over-priced double-pane windows. This deception occurs for the purpose of a

wrongful pecuniary gain by the Defendants.

44. The Defendants have knowingly, incorrectly, and maliciously reported the

existence of this unauthorized Wells Fargo Visa Home Projects credit card to the major

credit-reporting-bureaus within the United States. This knowingly inaccurate and malicious



false-reporting of an open-ended Wells Fargo Visa credit card on the credit history of Ms.

Byrd is an egregious, repeated, and continual violation of the Fair Credit Reporting Act.

45. Also, following this (fraudulent) transaction, and following Ms. Byrd's clear

instructions for the Defendants to stop calling (harassing) her cellular and home telephone

numbers with unconsented requests for referrals for future sales appointments of friends

and family, the Defendants, via automatic-dialing-systems, continued to make unconsented

marketing telephone calls to Ms. Byrd. These multiple and continual unconsented telephone

communications constitute willful and malicious violations of the Telephone Consumer

Protection Act (TCPA).

46. Ms. Byrd has suffered severe financial damages as a result of the wrongful and

deceptive acts committed by the Defendants, and pleaded in this Complaint.

(REMAINDER OF THIS PAGE LEFT BLANK)



COUNT ONE VIOLATIONS OF TRUTH IN LENDING ACT. AS AMENDED,15 U.S.C. 1601 ET. SEQ.

47. Ms. Byrd incorporates by reference all allegations of all previous paragraphs

and further alleges as follows:

48. The Defendants have committed systemic, continual, repeated, knowing,

intentional, and malicious violations of the Truth in Lending Act, as amended, 15 U.S.C.

1601, et. seq. In particular, the Defendants have engaged in a pattern of deceptive, fraudulent,

unconscionable, high-pressure, in-home sales, advertising, financing, and business practices,

as it relates to operation of the business marketed as Windows USA/Alaskan Windows

Systems (and for which Wells Fargo provides exclusive, and deceptive, financing).

49. The above wrongful acts have solely and proximately caused Ms. Byrd severe

financial damages.

50. BASED UPON THE ABOVE-PLEADED ALLEGATIONS, Ms. Byrd, on

behalf of herself and all of those similarly situated, demands that she, as the Class

Representative, be awarded damages in an amount that shall be proved to finder-of-fact at

trial. However, these pleaded-damages include, but are not limited to: actual damages,

compensatory damages, punitive damages (in an amount not less than $5,000,000.00), all

attorneys' fees, all costs of litigation, expenses, all legal pre-and-post-judgment interest, and

all other relief that is appropriate under the Truth in Lending Act, or that the Court finds to

be just and equitable under the facts to be proven at trial.

COUNT TWO FRAUD






intentional, and malicious misrepresentations of materials facts for the purpose of financial

gain. In particular, the Defendants have engaged in a pattern of deceptive, fraudulent,





financial damages.






attorneys' fees, all costs of litigation, expenses, all legal pre and post-judgment interest, and

all other relief that the Court finds to be just and equitable under the facts to be proven at

trial.

COUNT THREE BREACHES OF CONTRACT (EXPRESS WARRANTIES)



56. The Defendants have violated the terms of the express promises made to Ms.

Byrd, and upon which Ms. Byrd reasonably relied, regarding the following: (1) the quality

and performance of the Windows USA products; (2) the financing terms and structure of



the transaction at issue in this Complaint; (3) the increase in the fair-market-value of Ms.

Byrd's home, which never occurred; (4) the immediate "at least 50%" savings that Ms. Byrd

would enjoy on her monthly electric bills; and (5) the no-strings-attached, 100% satisfaction

guarantee of Windows USA, which is a sham.

57. The above violations of express contractual terms have solely and proximately

caused Ms. Byrd severe financial damages.


behalf of themselves and all of those similarly situated, demand that they, as the Class

Representatives, be awarded damages in an amount that shall be proved to finder-of-fact at





trial.

COUNT FOUR BREACHES OF IMPLIED WARRANTIES AND COVENANTS



60. The Defendants have violated the terms of many implied warranties and

covenants, especially, but not limited to, the implied covenants of good faith and fair dealing,

that they owed to Ms. Byrd, and upon which Ms. Byrd reasonably relied, regarding the

following: (1) the quality and performance of the Windows USA products; (2) the fmancing

terms and structure of the transaction at issue in this Complaint; (3) the increase in the fair-

COMPLAINT Page 16 o f 21


market-value of Ms. Byrd's home, which never occurred; (4) the immediate "at least 50%"

savings that Ms. Byrd would enjoy on her monthly electric bills; and (5) the no-strings-

attached, 100% satisfaction guarantee of Windows USA, which is a sham.

61. The above violations of the implied covenants of good faith and fair dealing

have solely and proximately caused Ms. Byrd severe financial damages.








trial.

COUNT FIVE (GROSS) NEGLIGENCE



64. The Defendants have, in a gross, wanton, reckless, and unconscionable

manner, violated the standard of care that they owed to Ms. Byrd, and upon which Ms. Byrd

reasonably relied, regarding the honest and truthful disclosures related to the following: (1)

the quality and performance of the Windows USA products; (2) the financing terms and

structure of the transaction at issue in this Complaint; (3) the increase in the fair-market-

value of Ms. Byrd's home, which never occurred; (4) the immediate "at least 50%" savings



that Ms. Byrd would enjoy on her monthly electric bills; and (5) the no-strings-attached,

100% satisfaction guarantee of Windows USA, which is a sham.

65. The above (gross and wanton) violations of the standard of care owed by the

Defendants to Ms. Byrd have solely and proximately caused Ms. Byrd severe financial

damages.








trial.

COUNT SIX VIOLATIONS OF THE MISSISSIPPI CONSUMERPROTECTION ACT, MISS. CODE 75-24-1 ET. SEQ.




intentional, and malicious misrepresentations of materials facts for the purpose of financial

gain. In particular, the Defendants have engaged in a pattern of deceptive, fraudulent,







financial damages. These wrongful acts also constitute violations of the Mississippi

Consumer Protection Act, Miss. Code 75-24-1 et. seq.


behalf of herself and all of those similarly-situated, demands that she be awarded damages in

an amount that shall be proved to finder-of-fact at trial. However, these pleaded-damages

include, but are not limited to: actual damages, compensatory damages, punitive damages, all



trial.

COUNT SEVEN VIOLATIONS OF THE FAIR CREDIT REPORTING ACT



72. The Defendants have knowingly, incorrectly, and maliciously reported the

existence of this unauthorized Wells Fargo Visa Home Projects credit card to the major

credit-reporting-bureaus within the United States. This knowingly inaccurate and malicious

false-reporting of an open-ended Wells Fargo Visa credit card on the credit history of Ms.

Byrd is an egregious, repeated, and continual violation of the Fair Credit Reporting Act.

73. The above violations of the FCRA by the Defendants have caused Ms. Byrd

severe financial damages.







statutory damages, compensatory damages, punitive damages (in an amount not less than

$5,000,000.00), all attorneys' fees, all costs of litigation, expenses, all legal pre-and-post-

judgment interest, and all other relief that the Court finds to be just and equitable under the

facts to be proven at trial.

COUNT EIGHT VIOLATIONS OF THE TELEPHONE CONSUMERPROTECTIION ACT



76. Following this (fraudulent) transaction, and following Ms. Byrd's clear

instructions for the Defendants to stop calling (harassing) her cellular and home telephone

numbers with unconsented requests for referrals for future sales appointments of friends

and family, the Defendants, via automatic-dialing-systems, continued to make unconsented

marketing telephone calls to Ms. Byrd. These multiple and continual unconsented telephone

communications constitute willful and malicious violations of the Telephone Consumer

Protection Act (TCPA).

77. The above violations of the TCPA by the Defendants have caused Ms. Byrd

severe financial damages.







statutory damages, compensatory damages, punitive damages (in an amount not less than

$5,000,000.00), all attorneys' fees, all costs of litigation, expenses, all legal pre-and-post-

judgment interest, and all other relief that the Court finds to be just and equitable under the

facts to be proven at trial.

THIS, the 28th day of.June, 2017.

GWENDOLYN BYRD, on behalfof herself and all of those similarlysituated

By. AMP--

Macy IiansonAttorney for the Plaintiff

MACY D. HANSON MS BAR 104197

[email protected](mrTHE LAW OFFICE OF •ACY D. HANSON, P1].0THE ECHELON CENTlO4102 FIRST CHOICE DRIVE

MADISON, MISSISSIPPI 39110TELEPHONE: (601) 853-9521FACSIMILE: (601) 853-9327

COMPLAINT Page 21 o1 21

Case 3:17-cv-00522-TSL-RHW Document 1-1 Filed 06/29/17 Page 1 of 1

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Case 3:17-cv-00522-TkL-RHW Document 1-2 Filed 06/29/17 Page 1 of 26

WINDOWS4--- wants to give backUSA—7 to our loyal customers

dch and every time we make.1 demonstration to anyone thatyou refer to us, Windows LISA®will pay them $100 and will also

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siowi Ianything and your referrals wili receive a $100 Wal-Mart Gift Card iot the time of their demonstration. Ws that simple!Please PRINT and contact ALL referrals before submitting to our office.

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Case 3:17-cv-00522-TSL-RHW Document 1-2 Filed 06/29/17 Page 3 o4f26

NDOWStLISAIIIIIIIF N

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A.;.'i/ A" Ai7, f. •;r44t1:.,(ee,e.''',,<..9^\ t....•---''....?!..14,,..t.%. r.Lir'y'..,, ....1- ..T..., wants to give back

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to our loyal customers!0,f4.-A,,,,, ...1::*.Ae• K, 41,1, t, 1.,--..9.--

4:'Ar ..el -Aft:.4.., t,, --.8,

i. ii• To c-"\--, ..r 4•;,,,,,,.z, •.--•---•jp--,, 100 CASH\.a,,, AI,; 2'. i,. 46V, Just for referring someone to receive.01. .:x-..4,,,,,, i-

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l*k '*••-.67.::%"'-'I CP.e.Jrni",.. e'fr''''.

EL^....'4.:-7., l', f.: '.1'..ti."-,Vii,, Over $2,000,000.00 s•''..., ..-„..s..v:4.,......Jti-7.1‘:.......i.''..s...•-•::',

r Al be awarded to ourh.

customers this vear,,1 ..66._.r-.i,

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El Convenient scheduling E---1 Referral also receives $100 Cash.i

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kFAMILY

The easesi 'eferrals are familymembers and they would love to help

you out. Look around and

you will be amazed at how many

ELVINEIr42/^4 al I 1%. Mit 'MEL

Many of our closest relationships are

coworkers and business associates.

Don't forget they would likeS100.00 also!

dad to the dent at the0 MITI

3:17-cv-00522-TSL-RHW Document 1-2__Filed (16/29/17____Page4_of26

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PROFESSIONAL

Think about ali of the people that you know and meet throughoutAl 1 I t 1V, o'L your week that would love to hear about your new whdows.

i!,, (Barbers, Handymen, Lawn Sen'ter Ale, Dell.vy, Package De!Wery,Dry Cearters, Grows, end so many moo

o,. L

iv.itpotential referrals there are

N. 4,,with immediate family andother relatives.

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NEIGHBORS 4 ii---11i1ENSIAT:1111111::. .r!dv,k11OCCASIONAL 6When

:4;..s they see your new windows, -..—x

they will want to know We all have those occasional events

more about them. Simply send in (social groups, birthday parties, graduations, sporting.111111 "I. their Information arid let us

tell them about your new windows and an opportunity forhaven't seen in a long time. This is a great opportunity toevents, holiday parties, etc.) that we see people that we

do the rest.

them to receive $100.00 AND A FREE ESTIMATE.

rti1rd our great referral program.

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It's not iust about your closestfnends. It's about all of yourfriendsI.How often do you run into an old

friend running errands cr a: church?Tell them about your newwindows.

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!...ilii.i.,,, ii-ii,, .:-...1.• i;, ii. ;i.,, i, .:i, .i.,--Ii'i! i!! IE-; erieffi.liii:friiii v•• •irimo-1.1:1,0 kr L 7 DON'T BE SHY!

1;+, -:t.,. 7t.,,„„flipt,t.:It.: L They won't know about it unless you telll,..,l,, C4.4.._, !-Di.;them, Don't miss out on receiving

hundreds, even thousands in referral

3,1 .4tb: CO-WORKER-111 NO OBLIGATION estirnate.

iricentives just for referring others to_iim,,,,,..i•

receive a FREE,

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Date MailedAddress•

REFERRED BY:Name: Spouse.

Name of Referral City/State/Zip'

Phone it: Alternate Phone

7.

Each year iiv:-.;, 1.-!--•:, j:, Email Address.

custome r'!:, I'M REFERRING:. Available for appointment before noon? I i0,, C: q 1

IT Name: Spouse:

1 in -c'tri-iy;i•it:---1-,, :;::-1-.:, -Lv:i.,Address:

Each and every time we are able to City/State/Zip:

make a demonstration to anyone

you refer to us (friends, relatives, Phonc... 4: Alternate Phone tt:

coworkers, neighbors, anybody)Windows USN) will pay them E-mail Address.

$100.00 CASH, and we will also payyOu $100.00 CASH. For faster responses, visit us at: www.windowsusa.com


'111M`F=1, od

INO POSTAGENECESSARY wiIriggirgkaAh,4

(WINIF MAILED

IN THEUNITED STATES

IMPIMIMMINIMINEN

BUSINESS REPLY MAIL ......m.FIRST-CLASS MAIL PERMIT NO. 19 HOT SPRINGS AR 11111^11M11.1 1-800-272-2085POSTAGE Via BE PAID BY ADDRESSEE MIN^••^•1

Ilil^IMINIM Ext 2299

WINDOWS USA or

PO BOX 22688 visit us on the web at

HOT SPRINGS AR 71903-9949 www.windowsusa.com

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Windows .1,1e.sigppli.:1wYLi-b, the: 3;t4:111-21 ivigle

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.1 Ti FliTzlir-r:-91111011P1.11111MMIIIIIA'-.-:As a preferred customer, our goal is that you have a successful experience throughout your participation inour exclusive referral program. It is a fast, fun, and easy way to earn several hundred dollars a year with very

i little time and effort. As a customer courtesy, we want to provide information regarding the requirements forI I participation in the program. Please take a moment to read over the following requirements that will provide for

i, faster, more convenient scheduling of your referrals.

Windows USAis a national retailer, receiving thousands of referrals from across most of the country. This-.7.: requires a great deal of coordination with representatives and precise scheduling of these potential referrals on

4- a routine basis. Please be patient in our efforts to contact your referral as we will schedule appointments at the.earliest availabletime(s),.

Program Qualifications:,There is no purchase necessary to receive the Referral Bonus.Homeowners only. No Renters. Ii

zr, All homeowners must be present for the demonstration. iF

This offer does not apply to previous participants in a Windows:0 t

r.. .g....EUSA'" promotion.ii •-i7 '-'7.

All referrals must agree to allow Windows USA® to contact them1. ii by phone in compliance with the Federal No-Call Regulations.t 1i:No new vinyl windows. Aluminum or wood windows preferred.

i

Consumer Privacy Protection Act (2002)Windows USA' promotional offor is extended only to those homeowners referred to us by our past customers and who have fulfilled the i

quaiifications stated above and also have passed a pre-approved screening process provided by Credit Services Corporation (CSC),a Division of Equifax. CSC reserves the right to disqualify referrals without disclosure of personal or private information. This is inaccordance with the State and Federal regulations. As a result of the Consumer Privacy Protection Act, Windows USA0 cannot disclose anyinforrnatbn pertaining to exclusion of any referrals in this promotion.


NDOWS_am _ow/

From the desk of Sharon Kersey

Welcome to Me Windows CNA IdmityfI want to personally thank you for your recent purchase and the trust that you have

shown in Windows USA. I know you are going to love your Alaskan Energy Star Windows.Currently I am working on the schedule for our AAMA Installation Technician and I will touchbase with you soon to discuss the details of your installation and find a convenient time foryou.

As we discussed, I have enclosed a referral program form and also the program termsand conditions. Please take a moment to review this information and if you have anyquestions, I will be contacting you soon.

When our Installation Technician finishes installing your new vinyl windows he will pickup this referral form from you. Please print your referral names and information on this formand we will begin our contacting process.

I want to thank you in advance for your participation and look forward to your successwith this special referral promotion.

Sincerely,

Sharon KerseyInstallation Department ManagerWindows USA1-800-272-2085 ext. 2212www.windowsusa.com

oPrm111111ENERTI

Alaskan -7A7 BBBSTARWindows 4"Lir" PARTNER ---T—

Better Bustness BureauNational Member

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I want to share a Special Thank..i., 04111/VAlef

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IN You with our employees and our

customers both oast and future.I

MI III1.,1111 111filija--. r

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Prw" AIr ifteen short years ago Windows USA° andli MEMII ilti

I. RIM iii. ---17-: 7 ri- i, -II I St. Jude Children's Research Hospital enteredis 1111111M 1111 4-5;1•6":.4' '''rr----___, _g=stoi ri 1 t 1 1 1 1"

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benefit of the i-iospital, which is America's

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preeminent researcit locihty St. Jude focusesi r

;o• j e'- 0 01.. I

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L and grave childhood diseases.z.-----i%

Thanks to our customers donation of their

old aluminum windows, I am very proud to

.1..ii:i, St. Jude alildret3 announce that our total donations have now

Research HosinfitT. exceeded --_:.--...F) cind c::: i'hi7.,:if mi:iicin ..-..1c.;:u-s:

1 r• Al—SAC Danny Thomas, Foundc.i.

Again, to customers both past and future, I

wINDcwir4,0, thank you for helping our employees make this

wonderful program so successful.U

1.1!!!!

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4 P*ONO orWITH THIS PROMOTION

grrillirrirlit SPECIAL up fre-9 ai-

FACTORYINCENTIVE I i, 11Ue

SPECIAL /1-74FAcTurr ..41! Or,"3,

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UPGRADED LIFETIME

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Right Now, Windows USA° is offering a Iimited-tirneFactory direct holiday incentive with the purchase of allAlaskan Energy Star Window Systems.

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Case 3:17-cv-00522-TSL-RHW Document 1-2. Filed 06/29/17. Page 19 of 2.6..

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Windows USA has long been recognized as the industry.L

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TestimonialsRead what some of

..F.?r our customers have

TP i to say about how

1,,a,,,.. much th.edy lov7 their

s.9„......

1111111, K.,,

"-rlia I/0z uo6t far the best wLyows

that moialzu cao.. lot,cu. Not °oldI-71-.1, cad theu Lower vvtu vi,totAtkL bills,

-...'L,S-c. ..'-+g theu gi.ve me peace of vta.i.v0 wheln,..-.L.r t.,,, r...,:i.A5,.

vut. familu is holmt R Lowe. We aLso

Love the referraL program,. a v‘s{ with

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TUour heLT, Vie wilL put trVi.oviS

A wV.Si.ow.; 'WA., eVevU home_

"Ma 0-F-,, uov_ ovuce agaiv,Darrell Seely (Fort Worth, TX)

Leo and Doris Chandler (Crossett, AR)

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'We receivEly 7,..o..., rcr,la.;c•aci your rapla.ceme.fvbw i Nclow5 c;.r,, d N. wz.ruvEed -ED le.-E yotA kr.„01,..1 1-1914plareel wa are. Wa ware. reAlly impraScad by-Ella proce.55iolvxh5v.4 o-f -Eke ks-halla-Ear^ creAii.

Tile SErvice Eloes Ckbove. aNd beLy.,,d ck.n.d y.Ackka5 6.I

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Ciaucline Moy ((.awton, OK)

'Lliir7:4F:,MI6.Randy and Denise Richardson (Chattanooga, TN)

ta-P-^.:, J: .LA I li Za`k...1;i1--''-fied customers at www.winclowsusareviews.com

WINDOW4-1 Unsurpassed as thebest installation and..

wimmitisge, ]servicein the industry.

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With Windows USA®, you are purchasing America's Premier Vinyl Window System, providing a

ii. lifetime of worry free, unequaled comfort, cmcl energy savings. And with Windows USA®Ir0. we guarantee the lowest prices.

We're so confident that we'll offer you a 180 Day Low Price Guarantee. That's right, if you beat1 our price on an installed, comparable vinyl window* within 180 days from the date of purchase, we'll

refund 100% of the price difference. -IT.Ne,

Most importantly, No Worries, Windows USA® gives you the peace of mind of unsurpassed customer .1.

ot. service, offering a genuine lifetime warranty which includes a non prorated glass breakage coverage.That's right, if you ever need service or replacement, it won't cost you anything! It's that simple.

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'Windows USA' tr-Aes a 'common „serir.ii?' approach fe the few pnce gualantee. requiring a

cornocnison with a legititni:Ye nationd or rep:gnat manufacturer, 5 rich as Windows USA3',

WINDOW4------- combining manufacturing, soles, installarien, warranty, and service with Moir premium quality vinylwincow product. Warranty must be lifetime in nafure ond include oll glass breakage. lnstalfingmanufacturer/contractor must be registered in their stale by Issuance of a certificate of authority,

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0.28 U-Factor0.27 Solar Heat Gain Coefficient0.49 Visible Light Transmittance

The window must be certified through Energy Star'.

Case 3:17-cv-00522-TSL-RHW Docum

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Please accept sincere Gongratukations1 rorn tile Setter Business eureau tor

40tla rnenibersnipanniversary

oi Windows USA, an accompilsiirnentol whictl you

Windows USA,

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oi cornm\tment to tne Og'ner standards lz: tne BBB, sometNng note\Nortny you oan

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Roya.1, PS-D‘ 71968

WtindoNNs USA sets an 'incredtibte eYsarclpie ior okner B343 members to stnYe ior. We truly

appre6ate tne commtitn-sent your company has made to tne B53 over tne years.

teen) ior sucn an acnievernent.

LA. means a \ot -to OUY OsiganViabOrl 10 nave the ‘ong term support oi OndoWs US.

N.Congratukationsand t-kappy AnnWersaryl

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Contractor Grade Vinyl Window ALASKAN10-4* Window SystemLimited warranty w/ exclusions ivjiH Lifetime, all-inclusive warrantyStock size w/ expanders Exact custom manufactured fit

Li Single strength, standard glass inserts Commercial, double stiength Low F glass packageVinyl polymer frame construction L., Titanium infused vinyl frame compositionStandard aluminum spacer DuraLite Worm Edge Spacer SystemBlock and tackle balance Stainless steel constant Force balance

Approximate weight: 48.6 lbs Approximate weight: 68.7 lbs

I"11+ lay" r own,SM M II '7 3P119 hoirr. worth IR 7

Your home is so much more than ust where you live. It's aoout family,memories, safe-y, security, investment, anc so much more.

Ask one of the 400+ employees and associates that standbehind every window we build for your home.

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Every Windows USA window and doorproduct is certified to be made in the USA

This certified seat means that afl of our products have bean put through rigorous testingstandards insuring that the components, manuacluring ancj,:issembly are truly "Made in America".

NO OUTSOURCING Many companies of various products claim that their products are "Made in America", however

in many cases, the products ore assembled in America from components manufactured and shipped from foreign countries.

RELIABILITY Throuchout generations, American mode products have been recognized and respected for the pride and

workmanship that has proven to last for years.

QUALITY Strenuous testing and regulations assure consumers that the product is produced safely and of the higheststandards for quality.SUPPORT AMERICA Purchasing products that have been"Made in the USA Certified" support American iobs and the Thank youAmerican economy.

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JS. 41 IRes 07/16) CIVIL COVER SHEET 3;17-c v--50Q. -r5 L-"Me IS 44 civil cover sheet and the information contained herein neither replace nor supplement the fil int! and service or pleadings or other papers as recluired by law. except asprovided by local rules of court. Tins form, approved by the Judicial Con lerence of the United States in .+eptember I 974, is required for the use of the Clerk of Court for thepurpose of initiating the civil docket sheet. (SkT 1.V8ner 7.770AS ox NEXT 01.. 1111S EHJLtti

I. (a) PLAINTIFFS DEFENDANTSGwendolyn Byrd ells Fargo, N.A.; Windows USA, LLC; and Big Four Companies, Inc.

W(b)County of Residence of First Listed Plaintiff Wa me D- TS'ii'itv of Residence or First I.isted Defendant Minnehaha (S. Dakota)eLvi 111 IN 0.5. IL.-11N111.10 '_.I.C1, C) fiN t05 I'l...LINIII.TH 'ASH' on))

57.1 F7 IN LAND CONDEMNAT1ON CASES, USE THE LOCATION OE

JUN29 2017 Il IF TRACT OE LAND INVOLVED.

(c) Attorneys /Firm Nawc. ififire,S.,, wd Teleplwrie •urrher, Att irne•s ql K.,,,,The Law Office of Macy D. Hanson, PLLC ARTI-IuR JO ON dam Stone, Jones Walker (Wells Fargo)102 First Choice Drive, Madison, MS 39110 _Ea_no=2,====80 Moody, Baker Donelson (Big Four/Windows USA)601-853-9521

II. BASIS OF JURISDICTION (Ph,,,,, 3 ire, i.. lira h11.0 III. CITIZENSHIP OF PRINCIPAL PARTIES (Plecean "X" 111011.! BriV P5111100.(Fell' DilYr, M I IS, nlivi aim, One Bea Jor I )L:Icmlaso

1 1 U.S. Goy eminent X 3 jederal Question PTI' DEE PTF DEEPlaintiff (I'S (iosvrtimem Nor a Puri)) Citizen of l'Ins State 1 I 0 1 Inemportned est Principal Place 0 -1 1 4

of Business In This State

1 2 U.S. Government 1 4 Diversity Citizen olAnother Slate 7 2 0 2 Incorporated wid Principal PIace 0 5 =.1 5Delimdant rinoicare I .ni.:teirship irlParne.s m hem 11/i *I Business In Another State

Citizen or Subject of it 1 -2, n 3 Foreign Nation 11 6 0 6

boreirn Country

TV. NATURE OF SUIT in--, o, H., 134, ti fbilvl

I CONTRACT I OR IS FORFEITIIREIPENA LTY BAN KM,PTCY (MIER sTATUTES I1 iio Insuraneo PERSONA]. INJURY PERSONA!, INJURY 0 625 Drug Related Seizure 0 422 Appeal 28 USC 158 1 375 Sake Claims Act

3 120 Nlanne 3 310 Aiplane .1 365 Persmat Injury of Propertv 21 USC 881 1 42; Withdrawal 0 376 Qui -hub (31 LSCO 130 Miller Act 0 315 Airplane Product Prodncilrabilio, 0 690 Other 28 CSC 157 3729(a))O 140 Negotiable Instrument Liability 1 36711.20h Care; n 400 State Reapportionment7 ISO Recovery of OvcrpaNnient 3 320 Assault. Libel S.: Pharmaceutical. PROPERTY Ric iurs .7 410 Antitrust

& Enforcement orJudg,meni Slander Personal !Mary 3 520 Copyrights 0 430 Banks and 13anking71 151 Medicare Act 1 330 Federal Employershoduet liability 0 530 Patent 1 450 Commerce0 152 Recovery of-Defaulted 1.iability 1 368 Asbestos Personal 1 840 Tiadernark 1 460 Deportation

Student Loans 3 340 Marine Injury Product .7 470 Racketeer Influenced and(Excludes Veterims) 0 345 Nlarine Product Liability 1.A BOR. socim, SECURITY Comipt Orpni-t.ations

1 153 Recovery of Overpayment Liabilio. PERSONAL PROP•RTY 0 710 Fair Labor Stand:lids 1 STil 111A (139511) .1 4811 Consumer Creditof Veteran's Benefits 0 350 Motor Vehicle 1 37n Other Fraud Act 3 802 lilac}.. Lung 19231 1 .190 Cable'Sat Tv

.1-1 160 Stockholders' Suits 71 355 Motor Vehicle X 371 Truth in 1.endine 71 720 Labor Manal..mnent 0 553 D1WC DIWW (405Igli 0 850 Seeurnies,CotthnoditiestO 190 Other Contract Product Liability 1 380 Other Personal Relations 0 554 Still) Title XVI Exchange7 195 Contract Product Liability 71 360 Other Poi mmal Property Damage 3 740 Baikal,. Labor ;yet 71 855 RS1 t 405ig 0 0 890 Other Statutory Actions1 196 Franchise Injury 0 385 Property Damaye 0 751 Nuttily and Medical El 891 Atzricultural Aets

0 362 Personal hunt. Product Liability Leave Act 0 893 Environmental Nlatters

Nledical Malpractice 1 790 Other Labor Litimition 0 RO5 Freedom of Information

1 REAL PROPERTY CIVIL RIGHTS PRISONER PEriTIONs o 791 Employee Retirement FEDERA I. TAX SUITS Act0 210 Land Condemnation 0 -140 Other Civil Riphts Ilitheas Corpos: Income Security ivii 7 870 Taxes (LS. Plaintiff 71 896 Arbitration7 220 Foreclosure 7 441 Voting, 1 463 Alien Detainee or Defendant) 0 899 Administrative Pmcednre1 230 Rent Lease A.' Ejectment 1 442 Employment 0 510 N lotions to Vacate 0 87I IRS— linrd Party Act. Review or Appeal of=1 240 Tons to Land 0 443 Musing, Sentence 26 USC 7609 Agency Decision

1 245 Ton Product Liability Acconnnodations 1 530 General 0 950 Constitutionality or

.7.1 290 All Other Real Properly 11 .1.15 Amer_ w/Disabilifies 1 535 Death Penalty ININIIGRATION State Statutes

Employment Other: .0 -1.62 Naturalization Application0 446 Amer_ wiDisabilities 1 540 Nlandannis & Other .1 465 Other Innoigiation

Other .0 550 Civil Rights Actions7 448 Education 0 555 Prison Condition

0 560 Civil DetaineeConditions ofConfinement

i

V. ORIGIN rPlace an -.1-' in OM. Hay /nipX 1 Original 7 2 Removed from 7 3 Remanded from !7,1 4 Reinstated or .7 5 Transrened from 7 0 Muludistrim 7 S Multidistriet

Proceeding State Coon Appellate Court Reopened Another District Imination Litiptionf., reciii., Traiisfer Direct File

Cite the tI.S. Civil Statute under which you are blintz WI, Ind citeInrivlictumal stitralff anievs direrthp:15 U.S.C. Section 1601 et. seq. The Triith in Lending Act, as amended

VI. CAUSE OF ACTION Brier description of cause:

Truth in Lending Act Violations and related fraud causes of action

VII. REQUESTED IN II CHECK. 11: THIS Is A CLASS ACTION DEMAND S CHECK YES only if demanded in complaint:COMPLAINT: I.lNDI:R ROLF 23, 1: ItCv.P. 5, 000,000.00 min' DEMAND: X Yes 71 No

VIII. RELATED CASE(S)(Sec insThichoilx,PIF ANY JUDGE DET UBOCKNMER

l/AFF SIONYFITRE OF ATTORNEY OE RJ.CORD

07/29/2016 S4e.14..""N'''FOR OFFICE USE ONLY

RECEIPT i, AMOUNT APPLY INC HT JUDGE MACr. JUDGE

4•314464 04 5 sB 9

ClassAction.orgThis complaint is part of ClassAction.org's searchable class action lawsuit database and can be found in this post: Suit Says Windows USA Tricks Consumers with ‘Deceptive’ Sales Tactics

https://www.classaction.org/news/suit-says-windows-usa-tricks-consumers-with-deceptive-sales-tactics

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