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West Creek Financial Deceptive and Unlawful Rent-to-Own Agreement NY Class Action

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West Creek Financial "No Credit Needed" Sign

Plaintiff Rawle Daisley believed he was entering into an agreement to pay $1,500 for a laptop and stereo speakers, free of finance charges as long as he paid the amount within ninety days. However, the complaint for this class action says he found he was being charged $2,700, with money being subtracted from his bank account every two weeks without his permission.

The class for this action is

  • Consumers who entered into a contract to buy merchandise
  • In which West Creek Financial purports to be the lessor/owner,
  • With a Lease Agreement with Ownership Option substantially similar to the agreement attached to the complaint as Exhibit A,
  • In which the purchase occurred at a vendor’s New York location or online where the vendor is incorporated or headquartered in New York.

The complaint divides this class into two subclasses. The NYPPL § 500 et seq. Class includes class members whose transaction was within four years of the filing of the complaint. The NYGBL § 349 Class includes all class members whose transaction was within three years of the filing of the complaint.

Daisley made the purchase at Electronics for Best in Jamaica, New York. According to the complaint, the salesperson there told him the store needed a copy of his driver’s license for verification of his identity for the financing arrangement. Although he did not receive the items that day, he was also required to sign a receipt for them. According to the complaint, he did not sign any other document.

The next day, May 19, 2018, he picked up the items. The complaint says that a company called West Creek Financial then began debiting his bank account every two weeks.

On September 20, 2017, and again on October 9, 2017, the complaint says, Daisley contacted West Creek about paying off the balance of what he owed. The complaint alleges that West Creek told him he would have to pay $2,700 to do so.

Daisley then asked the company for a copy of his contract. The company sent him a Lease Agreement with Ownership Option with a digital signature, but Daisley says the signature was not his.

According to the complaint, the Agreement does not comply with New York law and is “materially deficient and unlawful, both in terms of its substantive terms and its disclosures to consumers of their rights,” among other things. West Creek also did not provide Daisley with receipts for any of his payments.

To make matters worse, the laptop Daisley bought has had significant problems, including freezing and disconnecting from local networks. Daisley had paid for a separate warranty, and he brought the laptop back to Electronics for Best, but they were unable to fix it. However, the complaint claims that under New York state law, West Creek is required to keep the merchandise in working order, and to provide a substitute or loaner item if it cannot be repaired promptly.

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