Download - Angela IV - Truth In Advertising
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 1 of 18
FILED
IN THE UNITED STATES DISTRICT COURT JUL 28 2015FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION BYARTHUR JOHNSTON
Archie and Angela Hudson, on behalf olthemselves and all of those similarlysituated
Plaintiffs, Civil Action No. 3: IVcv F
v.
Windows USA, LLC, d/b/a WindowsUSA and Alaskan Window Systems; BigFour Companies, Inc.; and Wells Fargo,N.A.
Defendants.
COMPLAINT
COME NOW the Plaintiffs and prospective Class Representatives, under Federal
Rule of Civil Procedure 23, Archie and Angela Hudson, on behalf of herself and all of those
similarly situation, who files suit against the above-named Defendants, and plead as follows:
JURY TRIAL DEMANDED
PARTIES
1. The Plaintiffs, Archie and Angela Hudson ("the Hudsons"), are adult citizens
of Wayne County, Mississippi, who arc husband and wife. The Hudsons reside at 28 Twin
Oaks Drive, Waynesboro, Mississippi 39367.
2. The first-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
COMPLAINT Page 1 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 2 of 18
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.
3. The second-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.
4. Big Four is, upon information and belief, the Managing Member ofWindows
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 jointly and severally liable for any damages suffered by the wrongful
actions of Windows USA, LLC, as pleaded in this Complaint.
5. The third-named Defendant, Wells Fargo, N.A., 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 with the Mississippi Secretary
of State's Office: Corporation Service Company, 5760 1-55 North, Suite 150, Jackson,
Mississippi 39211.
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
COMPLAINT Page 2 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 3 of 18
("TILA"), 15 U.S.C. 1601, et. seq., as amended. Further, federal diversity jurisdiction exists
in this matter, as the Plaintiffs are both citizens 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 purposeful 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 Waynesboro, Wayne 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. The Hudsons, on behalf of those similarly-situated, seek 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 the Hudsons as the class representatives, 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
COMPLAINT Page 3 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 4 of 18
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. The Hudsons, as victims 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) have been
financially-injured by the business practices described in this Complaint.
12. The Hudsons, as the prospective class representatives, 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, fmancing).
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 the Hudsons, 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.
COMPLAINT Page 4 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 5 of 18
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 ofWindows USA/Alaskan Window Systems
(and Wells Fargo, as to the financing) are deceptive, unlawful, unconscionable, and fradulent;
(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); and (3) whether monetary damages, injunctive relief, and/or other equitable
remedies for the class are warranted.
16. The Hudsons, 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. The Hudsons, as the proposed class representatives (the Class Plaintiffs), will
fairly and adequately represent and protect the interests of the members of the class.
FACTS
18. 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.
COMPLAINT Page 5 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 6 of 18
19. 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.
20. 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 rea1i7ed
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.
21. 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 of Windows 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
COMPLAINT Page 6 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 7 of 18
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.
22. The fmancing 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.
23. 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.
24. This practice, pleaded in the paragraph above, is aimed by the Defendants at
deceiving and /or concealing from the prospective customers ofWindows USA/Wells
COMPLAINT Page 7 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 8 of 18
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.
25. On December 9, 2015, the Hudsons, induced by the unconscionable and
sleazy Wal-Mart Gift Card Referral Program ofWindows USA, allowed a sales
representative of that company to make an in-home demonstration of the Windows
USA/Alaskan Windows Systems product(s).
26. During this December 9, 2015, in-home demonstration, Windows USA sales
representative, Aaron Williams: (1) promised (expressly-warranted) the Hudsons that they
would 100%, without qualification, realize a savings of 60-70% on their monthly electric
bills, from the date that the Windows USA products are first installed; (2) promised
(expressly-warranted) the Hudsons that they 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, $9,840.00, from the date that the Windows USA products are first installed; (3)
filled out all paperwork (much ofwhich is was printed out from the Hudsons own printer)
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 the Hudsons just so sign all of the forms without reading them (the sales
representative would describe the terms of the documents), as it was already past 10.P.M.;
COMPLAINT Page 8 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 9 of 18
and (4) promised the Hudsons, without any qualification, that if they are "ever less than
100% satisfied" with the Windows USA windows, then they would get a full refund.
27. All of the above promises made by Windows USA sales representative, Aaron
Williams, were not true, or were deceptive and fraudulent.
28. The Invoice and Right to Cancel form, filled out by Windows USA sales
representative, Aaron Williams, which the Hudsons were deceived and tricked into signed, is
attached, and incorporated into, this Complaint as Exhibit "1". It is important to note that
the three-day right-to-cancel period in this Windows USA contract expired long before
Windows USA actually installed its products at the Hudsons' home.
29. The high-pressure, bait-and-switch, and deceptive practice ofWindows
USA/Alaskan Windows Systems of offering so-called "limited time", "one-night-only"
discounts (that are likely not even discounts, as the original quoted-price is almost certainly
inflated) is represented by the "Express Custom Window Order" program form, executed by
the Hudsons is attached, and hereby incorporated into, this Complaint as Exhibit "2".
30. The deceptive and fraudulent "Estimated Project Savings" form provided to
the Hudsons by Windows USA Sales Representative, Aaron Williams, which Mr. Williams
explicitly, but only orally, stated to the Hudson was not an estimate, but a guarantee, and
which shows a 10-year "Estimated Project Savings (E.P.S.)" of $14,997 is attached, and
hereby incorporated into, this Complaint as Exhibit "3".
31. The highly 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 practdces at issue in
COMPLAINT Page 9 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 10 of 18
this Complaint that was used by the Defendants to deceive, mislead, and defraud the
Hudsons is attached, and hereby incorporate into, this Complaint as Exhibit "4". It is
essential to note several facts about the fraudulent and deception Windows USA Finance
Term Review and Disclosure Form, Ex. 4: (1) the numbers of payments, and the amount of
payments, 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 does 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 represents 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 represents
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.
32. The Visa credit card application, completely filled out by Windows USA sales
representative, Aaron Williams, which was represented to the Hudsons as a Wells Fargo
closed-end loan form (consistent with the fraudulent terms on the Finance Term Review and
Disclosure form provided to the Hudsons, which the Hudsons were incorrectly told
contained all of the finance terms for their transaction with Windows USA), is attached, and
incorporated into, this Complaint as Exhibit "5". The terms of this Agreement are entirely
unenforceable, as the Hudsons' execution of Ex. 5 to this Complaint was induced by fraud,
and constitutes a fraud-in-the-factum ofwhat was being signed.
COMPLAINT Page 10 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 11 of 18
33. A copy of the image of the credit card that ended up being issued to the
Hudsons, unbeknownst to them, is attached, and incorporated into, this Complaint as
Exhibit "6".
34. A collection of the immense amount of Windows USA Referral-Program
marketing materials, left with the Hudsons, is attached, and hereby incorporated into, this
Complaint as Collective Exhibit "7". These materials illustrate the high-pressure,
unconscionable, deceptive, and just plain sleazy nature of the sales practices ofWindows
USA/Alaskan Windows Systems, at issue in this lawsuit.
35. A collection of the immense amount ofWindows USA marketing materials,
left with the Hudsons, 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 "8". 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.
36. A collection of Windows USA marketing materials, left with the Hudsons,
that showcase the high-pressure sales tactics, and false claims of "limited time savings", is
attached, and hereby incorporated into, this Complaint as Collective Exhibit "9". These
materials illustrate some of the many deceptive, false, or otherwise unconscionable claims
that Windows USA/Alaskan Windows Systems makes to its prospective customers, and
which are at issue in this lawsuit.
COMPLAINT Page 11 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 12 of 18
37. The Hudsons are not 100% satisfied with the quality, or installation, of their
Windows USA/Alaskan Windows Systems products.
38. The Hudsons have not realized any noticeable savings on their monthly
electric bills, as promised by Windows USA.
39. The Hudsons have not realized any increase in the fair-market-value of their
home as a result of the installation of the Windows USA/Alaskan Windows Systems
windows, as promised by Windows USA.
40. The Hudsons have 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.
41. 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.
42. The Hudsons have suffered severe financial damages, including damages
stemming from the ruination of their credit history, as a result of the wrongful and deceptive
acts committed by the Defendants, and pleaded in this Complaint.
(THIS SPACE INTENTIONALLY LEFT BLANK)
COMPLAINT Page 12 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 13 of 18
COUNT ONE VIOLATIONS OF TRUTH IN LENDING ACT, AS AMENDED,15 1601 ET. SEQ.
43. The Hudsons incorporate by reference all allegations of all previous
paragraphs and further alleges as follows:
44. 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, fmancing, 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).
45. The above wrongful acts have solely and proximately caused the Hudsons
severe financial damages.
46. BASED UPON THE ABOVE-PLEADED ALLEGATIONS, the Hudsons,
on 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. 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.
COMPLAINT Page 13 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 14 of 18
COUNT TWO FRAUD
47. The Hudsons incorporate 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 misrepresentations of materials facts for the purpose of financial
gain. 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, fmancing).
49. The above wrongful acts have solely and proximately caused the Hudsons
severe financial damages.
50. BASED UPON THE ABOVE-PLEADED ALLEGATIONS, the Hudsons,
on 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. 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 the Court finds to be just and equitable under the facts to be proven at
trial.
COUNT THREE BREACHES OF CONTRACT (EXPRESS WARRANTIES)
51. The Hudsons incorporate by reference all allegations of all previous
paragraphs and further alleges as follows:
COMPLAINT Page 14 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 15 of 18
52. The Defendants have violated the terms of the express promises made to the
Hudsons, and upon which the Hudsons 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-market-
value of the Hudsons home, which never occurred; (4) the immediate 60-70% savings that
the Hudsons would enjoy on their monthly electric bills; and (5) the no-strings-attached,
100% satisfaction guarantee ofWindows USA, which is a sham.
53. The above violations of express contractual terms have solely and proximately
caused the Hudsons severe financial damages.
54. BASED UPON THE ABOVE-PLEADED ALLEGATIONS, the Hudsons,
on 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. 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 the Court finds to be just and equitable under the facts to be proven at
trial.
COUNT FOUR BREACHES OF IMPLIED WARRANTIES AND COVENANTS
55. The Hudsons incorporate by reference all allegations of all previous
paragraphs and further alleges as follows:
56. 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,
COMPLAINT Page 15 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 16 of 18
that they owed to the Hudsons, and upon which the Hudsons reasonably relied, regarding
the following: (1) the quality and performance of the Windows USA products; (2) the
financing tams and structure of the transaction at issue in this Complaint; (3) the increase in
the fair-market-value of the Hudsons home, which never occurred; (4) the immediate 60-
70% savings that the Hudsons would enjoy on their monthly electric bills; and (5) the no-
strings-attached, 100% satisfaction guarantee of Windows USA, which is a sham.
57. The above violations of the implied covenants of good faith and fair dealing
have solely and proximately caused the Hudsons severe financial damages.
58. BASED UPON THE ABOVE-PLEADED ALLEGATIONS, the Hudsons,
on 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. 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 the Court finds to be just and equitable under the facts to be proven at
trial.
COUNT FIVE (GROSS) NEGLIGENCE
59. The Hudsons incorporate by reference all allegations of all previous
paragraphs and further alleges as follows:
60. The Defendants have, in a gross, wanton, reckless, and unconscionable
manner, violated the standard of care that they owed to the Hudsons, and upon which the
Hudsons reasonably relied, regarding the honest and truthful disclosures related to the
COMPLAINT Page 16 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 17 of 18
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 the Hudsons home, which never occurred; (4) the immediate 60-70%
savings that the Hudsons would enjoy on their monthly electric bills; and (5) the no-strings-
attached, 100% satisfaction guarantee ofWindows USA, which is a sham.
61. The above (gross and wanton) violations of the standard of care owed by the
Defendants to the Hudsons have solely and proximately caused the Hudsons severe financial
damages.
62. BASED UPON THE ABOVE-PLEADED ALLEGATIONS, the Hudsons,
on 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. 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 the Court finds to be just and equitable under the facts to be proven at
trial.
COUNT SIX VIOLATIONS OF THE MISSISSIPPI CONSUMERPROTECTION ACT, MISS. CODE 75-24-1 ET. SEQ.
63. The Hudsons incorporate by reference all allegations of all previous
paragraphs and further alleges as follows:
64. The Defendants have committed systemic, continual, repeated, knowing,
intentional, and malicious misrepresentations of materials facts for the purpose of fmancial
gain. In particular, the Defendants have engaged in a pattern of deceptive, fraudulent,
COMPLAINT Page 17 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1 Filed 07/28/16 Page 18 of 18
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)
65. The above wrongful acts have solely and proximately caused the Hudsons
severe financial damages. These wrongful acts also constitute violations of the Mississippi
Consumer Protection Act, Miss. Code 75-24-1 et. seq.
66. BASED UPON THE ABOVE-PLEADED ALLEGATIONS, the Hudsons
demand that they 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 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 25th day ofj ulv, 2016.
ARCHIE and ANGELA
HUDSON, on behalf of themselvesand all of those similar situated
By:Macy D. Hanson
Attorney for the Plaintiffs
MACY D. HANSON MS BAR 104197
macygmacyhanson.comTHE LAW OFFICE OF MACY D. HANSON, PLLCTHE ECHELON CENTER4102 FIRST CHOICE DRIVE
MADISON, MISSISSIPPI 39110TELEPHONE: (601) 853-9521FACSIMILE: (601) 853-9327
COMPLAINT Page 18 of 18
Case 3:16-cv-00596-DPJ-FKB Document 1-1 Filed 07/28/16 Page 1 of 1
INVOICE AND NOTICE OF RIGHT TO CANCEL I 0 C 0INVOICE
Is....[I—EerchantID k CREDITTERM PLAN NO. ..1: I 1'•• AUTHORIZATION
AcctMERCHANT TICKET/ DESCRIPTION
TOTAL AMOUNTINVOICE FINANCED
BuyerName.
Buyer Address TERMS OF PURCHASE: Regular Rate with Regular Payments unless Special Terms
Buyer City/State/ZIP are indicated below. If Special Terms, complete only one box below:
No Interest if Paid in Full' Special Rate (Equal Pay): Special Rate (Reduced APR):Seller Business NameZ 9)%. within Months APR APR
Seller AddressA-9 'A:- with Regular Payments Equal Payments Custom Payment
*Special Terms and APR InformationSeller City/StatealP If your special terms promotion is No Interest if Paid in Full, you will be chargedSeller Phone Salesperson no interest if paid in full by the end of the special terms period. If the balance is
not paid in full by the end of the period, interest will be imposed from the date of
Seller License 4 License (lassffication purchase at the applicable rate disclosed below. Applicable Rates:
TERMS.This transaction is under your Credit Card Agreement with Wells Fargo Financial If your account was opened: your APR will be:
National Bank ("the Bank"). on or after September 28, 2010 27.99% This APR will vary with the market based
SECURITY INTEREST. Where applicable, you give the Bank a purchase-money security on the U.S. Prime Rate,
interest on goods purchased in this transaction. The Bank will not claim a security between February 22, 2010 25.99% This APR will vary with the market based
interest or other lien (except judgment liens) in your principal dwelling. You agree September 27, 2010 on the U.S. Prime Rate.
that any property described in this invoice will remain personal property and will not between March 1, 2009 23.90%
become a fixture even if attached to real property. February 21, 2010
NOTICE TO BUYER between December 27, 2007 21.90%
1. Do not sign this invoice if any of the spaces intended for the agreed February 28, 2009
terms to the extent of then available information are left blank. prior to December 27, 2007 17.90%
2. You are entitled to a copy of this invoice at the time you sign it. If you are not sure when your account was opened, you may call Wells Fargo3. You may at any time pay off the full unpaid balance due under this Financial National Bank at 1-800-459-8451. Representatives are available Monday
invoice. through Friday, 8 a.m. to 6 p.m. Central time.
4. The Seller has no right to enter unlawfully your premises or commit any breach of the peace to repossess goods purchased under this invoice.5. You may cancel this transaction if it has not been signed at the main office or branch office of the Seller, provided you notify the Seller not
later than midnight of third business day (fifth business day in Alaska, fifteenth business day in North Dakota if you are 65 or older) after the
day of the transaction (or, in Utah, after the day of the transaction or receipt of the product, whichever is later). See the below Notice of Rightto Cancel for an explanation of buyer's rights.
Buyer Signature Buyer Signature Date
BUYER'S RIGHT TO CANCELYOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY (FIFTH BUSINESS
DAY IN ALASKA, FIFTEENTH BUSINESS DAY IN NORTH DAKOTA IF YOU ARE 65 OR OLDER) AFTER THE DATE OF THIS TRANSACTION (OR, INUTAH, AFTER THE DATE OF THE TRANSACTION OR RECEIPT OF THE PRODUCT, WHICHEVER IS LATER). SEE THE BELOW NOTICE OF RIGHT TOCANCEL FORM FOR AN EXPLANATION OF THIS RIGHT. FAILURETO EXERCISETHIS OPTION, HOWEVER, WILL NOT INTERFERE WITH ANY OTHERREMEDIES YOU MAY POSSESS. IF YOU CANCEL, THE SELLER MAY NOT KEEP ANY OF YOUR DOWN PAYMENT. ADDITIONALLY, IN MICHIGAN,THE SELLER IS PROHIBITED FROM HAVING AN INDEPENDENT COURIER SERVICE OR OTHER THIRD PARTY PICK UP YOUR PAYMENT AT YOURRESIDENCE BEFORE THE END OF THE 3-BUS1NESS-DAY PERIOD IN WHICH YOU CAN CANCEL THE TRANSACTION.
NOTICE OF RIGHT TO CANCELEnter date of transaction: Date (II
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS (FIVE BUSINESS DAYS INALASKA, FIFTEEN BUSINESS DAYS IN NORTH DAKOTA IF YOU ARE 65 OR OLDER) FROM THE ABOVE DATE (OR, IN UTAH, AFTER THE DATE OFTHE TRANSACTION OR RECEIPT OF THE PRODUCT, WHICHEVER IS LATER).
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLEINSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOURCANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHENRECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONSOF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.
IF THE SELLER DOES NOT PROVIDE INSTRUCTIONS FOR THE RETURN OF THE GOODS TO THE SELLER OR IF YOU DO MAKE THE GOODSAVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF RIGHTTO CANCEL(OR, IN INDIANA, WITHIN 20 DAYS OF THE DATE OF RECEIPT OF YOUR NOTICE OF RIGHT TO CANCEL OR 10 DAYS OF RETURNING PAYMENTOR OTHER CONSIDERATION TO YOU, WHICHEVER IS EARLIER), YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHEROBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER ANDFAIL TO DO SO, THEN YOU MAY REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THIS CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTENNOTICE, (WHICH, IN CALIFORNIA, MAY INCLUDE EMAIL OR FAX NOTICE) OR SEND A TELEGRAM, TO
AT,,Seller Name Seller Address (no PO Boxes)/City/Stale/Zip
NOT LATERTHAN MIDNIGHT OFDate (21
I HEREBY CANCEL THIS TRANSACTION.Date BuyerSignature EXHIBIT
CONSUMER NOTE I NON-NEGOTIABLE CONSUMER NOTE CONSUMER PAPER THIS IS A CONSUMER CREDIT DIN AR1ZONA:This instrument is based upon a home solicitation sale, which is subject to the provisions of Title 44, Chapter 15 This instrument iIN CONNECTICUT: This instrument is based upon a home solicitation sale, which sale is subject to the provisions of the Home Solicitation Sales IIN NORTH DAKOTA: This instrument is based upon a personal solicitation sale, which is subject to the provisions of the North Dakota Century Co---‘WISCONSIN:This is a home improvement instrument and is non-negotiable. Every holder takes subject to all other claims and defenses of t
-1 nn7 r•
Case 3:16-cv-00596-DPJ-FKB Document 1-2 Filed 07/28/16 Page 1 of 1
with the Future in MindWindows Designed
c.Miivri\WSI4MQ.j.. Ln.i'lIDEXPRESS*
CUSTOM WINDOW ORDER
E N E RpGAY 1E R
How was the promotional factory incentive
ORDER applied to the purchase? (Please Initial)
NAME A 4 Ct A. ko' 1/7 0 Wal-Mart Gift Card
ADDRESS 7‘A.clTYaidy,27 STATE 445 0 Rebate Check
PHONE 60 1 47/0 3 47/17/r2 Price Deductigs4_91
We grant Windows USA permission to manufacture custom Alaskan Thermal
windows for my home located at the above address.
Name Date Lead Pamphlet Confirmation:We confirm that we have
4 1-7received a copy of the
--2./-5- pamphlet regarding theName D te potential risk of lead hazard
exposure from renovations to
10"-----._. be performed in my home priorWindows USA to the commencement of work.
EXHIBIT
I
WINDOWS USA GUARANTEES YOUR COMPLETE
SATISFACTION WITH OUR PRODUCTS AND SERVICE.
YOU DO NOT OWE A PENNY UNTIL YOU ARE HAPPY!
Because the windows are custom made to fit the exact window sizes, we are
assuming responsibility once they are manufactured.
Case 3:16-cv-00596-DPJ-FKB Document 1-3 rf,j1,907-7/461.1; Page/41f 5NILUAMS A, HUDSON 2-7I
wmps*EPstimate(' projecteci saiinos*(ES.) 4
The Aviva ftaoriviis,,, Super Vinyl Window System has
passed strict government testing and bears the,jALedri-EnergyStar® Seal of Approval. iVIoney Isn't All You're saving
Preparea Tor:
MR. & MRS. HUDSON EXHIBIT
it 3 428 TWIN OAKS DRIVEWAYNESBORO MS 39367 3
t 1
E.P.S. Factors 5 Years 10 Years
Heating & Cooling Savings 1 $1, 080 $2, 520
Maintenance-Free Savings 2 $300 $600
Referral Participation Fees 3 $800 $1, 600
Retained Real Property Value ($10, 277)
Total E.P.S. $12,457 I $14, 997
SavutrIS are nOnservative estimates based on indepandent research of energy consumption, energy costs, and savicgs calculations piovided by the Department al Energy. Energy Star'. Gonsianel
Reports', arid the US Labo: BlIfeaLl 01 Statistics.
Savings ore conservative esiimates based on independent survey composite studies of annual rnaintenance and repair expenditures.
f Fees are based Cin entire customer population arid average annual referral participation. Results can greatly vary based upon 'briereased or deareased participation,
Values Provided tram fire 2950-2911 Cost vs. Value Data pravided by Hanley-Wood Media. independently focused an residential and corninercial conetructioh data oombilation.
'Estimated Projected Savings (E.P.S.) factors used in determining estimated savings are previous energy consumption, active referral
participation, normal maintenance procedures, and condition and type of existing windows. Windows USA° and its representatives
cannot guarantee specific or quoted percentages, savings, or values. Energy savings are affected by other factors. i.e. heating and
cooling units, water heaters, interior and exterior lighting, and appliances will affect overall energy performance in a home. E.P.S. aso
takes into account that each home must be properly insulated and doors weatherized. Ail referrals submitted must meet minimum
qualifications of home ownership, no previous participation in a Windows USA') promotion, agreement to schedule an appointment,and meet minimum pre-screening criteria provided by Credit Services Corporation (CSC), a division of Equifax. Referral bonuses are
not guaranteed and vary based upon individual participation.
I have read and understand the principal involved in determining individual projected savings.
Lc:Hom.eowner /4.- Homeowner
Case 3:16-cv-00596-DPJ-FKB Document 1-4 Filed 07/28/16 Page 1 of 1VILLIAMS A. HUDSON
ININDOW,,, Archie Hudson28 Twin Oaks DriveWaynesboro, MS 39367
Windows USA® Finance Term Review and Disclosure
Total Amount of Sale$9,840
Total Amount to be Financed$9, 840
Minimum Required Paymentl2% of largest balance] $197
Annual Percentage Rate10.99%
Days to 15' Payment after Completion 30 Days
FINANCING PROVIDED BY WELLS FARGO FINANCIAL NATIONAL BANK
Your minimum payment is only $197 for 67 months!
If you pay an extra $58 per month...EXHIBIT
You will pay off your loan in only 40 months! yIf you pay an extra $126 per month...
You will pay off your loan in only 36 months!
Customer Signature X (-6-t-l-e-te-- .1)-t
Customer Signature X, y.Ail-at A Abt......--
i...4r..".•
Windows USA Representative X -.A,
T
Conaratulations! Rased on your excellent credit history, this UNSECURED line or credit
has been approved at a FIXED interest rate of 11199°/in accordance with the terms of the
loan agreement through Wells Fargo Financial National Bank.,
Case 3:16-cv-00596-DPJ-FKB Document 1-5 Filed 07/28/16 Page 1 of 1
Home Projects® Visa® Credit Card Account ApplicationPages 1-2 and 5-10 of the Application are given to the applicant(s) for their records.The Merchant detaches pages 3-4 and follows theirInstructions and Procedures for application storage and submission with Wells Fargo Financial National Bank.The address for submitting VISAapplications for document retention is: Wells Fargo Retail Services, MAC X2599-027, 800 Walnut Street, Des Moines, IA 50309.
MERCHANT USE ONLY
Mercha tiName lre.quir dlv.o vs Li s A V0240(1114)Mer hant (requIredl. Me chant Phone 4. Sales Associate
il .7.050:00aLti q :.1553: (OCHcV c/06..6! J i_i_,
Customer Acct. A (required) _Credit Limit Requested Purchase Amount
ii L 11.1. 1, 1 1 I I
n yes Issuance State Ex. Date (mre/yy). n ye,Issuarce State Ex. Dar Imm/yy),
Mewed Applicant Federal or State ID:I__I
Viewed Co-Applicant Federal or State ID:,l::1 1i'NoNo,,
APPLICANT(S) INFORMATION (PLEASE PRINT) Check Account Choice: 47i-individual 4:errointAllicant First Name MI Last Name.
d, i i i liDate of Birth licnrn/ddlyyyy). Social Security
1 2-: .2. 1 1,9 .6.5 4/1 z,513..3.1s:-.6.6 .1-
i).
physical Street Address & Unit/Apt a (if any) ›Efvvn 0 Rent. Po. Box (ifany)
06. K5: 0 i.',,.City...
5 IL-. .-1..• r-., IState. Zip Code
1_. _1 14:5 9-3 40.."E-nia Addre,16....
HPhoneliome Phone
l i 1,:Celli:.
_1
Work Phone
1.. I1 P i
i
0 1 i g (o -H i q-'401-5i G 0 I Hqi I:a-it i Fa 3. a i 7,53h i 1 1 6LF71 Net Annual Income' Employer/1 z
II
_t
CelL.. Qr.:2' 3..5 i doo f- .e, '01-pls:.e,f) 4::-' y :4- 2-, c_.*you may include income that you earn or own, including funds regularly deposited4nto accounts y6u own. If you are age 21 or older, you may also include accessible
1income which is not earned or owned by you but is regularly accessed or used to pay your expenses. You need not list income from alimony, child support, or separatemaintenance payments unless you wish it considered as a basis for repaying this obligation.MARRIED WISCONSIN RESIDENTS: if you are applying either individually or jointly with someone other than your spouse, please contact us immediately at:
1-855-412-2787 and provide us with the name and address of your spouse. We are required by law to inform your spouse that you have opened an account with us.
Co-Applicant First Name
4..MI Last Name
67
I L
es ii/k i,:e..1: i 4.1 c.,,r, i,:,,,,rnm/dd iyyy,.., Scila,l_Security I;
21' ii d.5'f
_.jDate of Ehrth
(Q91 1. i it I 196 :_s-,, .4. 7, 2_; 14i.D y5!O Physical Street Address, RO. Box, City, State, and Zip Code are the same as Applicant's.
Physical Street Address & Unit/Apt lif any) 443-1nwn El Ag.nt,., PO. Box Ofany)..,
2..,..t--..ali-il (.-D, K51,1
.1 2 i i:
1City State Zip Code.
'7 •r",. I'l
ro. 1,.,,,Home Phoneor
1
Cell Phone a Work Phone«1 t
Hi; ic)...A. 4
Employer
i r
114. 5'.,1
i.6 45 ;.i, .-5 i
Net Annual Income'
1
1EXHIBITde
*You may include income that you earn or own, including funds regularly deposited into accounts you own. If you are age 21 or older, you may also include accessibleincome which is not earned or owned by you but is regularly accessed or used to pay your expenses. You need not fist income from alimony, child support, or separatemaintenance payments unless you wish it considered as a basis for repaying this obligation.
1IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding ofterrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record informationthat identifies each person who opens an account. What this means for you: When you open an account, we will ask for yourname, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license
or other identifying documents.ACKNOWLEDGEMENT: You acknowledge receipt of a copy of the Credit Card Agreement including the Important Terms of Your
Credit Card Account. You acknowledge the existence of the Arbitration Agreement contained in the Credit Card Agreement and
you specifically agree to be bound by its terms.
You acknowledge receipt of a copy of the Wells Fargo Financial National Bank Privacy Notice.
Please refer to your Credit Card Agreement, including the ImportantTerms of Your Credit Card Account, for additional information
si about rates, fees and other costs.SIGNATURE: Your signature means that you have read and agree to the terms of our Credit Card Agreement, including the Important Terms of Your Credit Card Account,
1and our Arbitration Agreement. You acknowledge receipt of a copy of our Credit Card Agreement, our Arbitration Agreement and the Wells Fargo Financial National Bank
Privacy Notice. You give us and we will retain a purchase-money security interest in goods purchased under this Agreement.If this credit application is for joint credit, you acknowledge that you intend to apply for joint credit that you both will use.
1 e.I
Signature of plicant Lieikr Signature of Co-Applicate
4 1-4-,^-ci----1 of 10
'antNOTICE: See reverse side for important information.
I '1 I jDate
V0240(1114;
Case 3:16-cv-00596-DPJ-FKB Document 1-6 Filed 07/28/16 Page 1 of 1
EXHIBIT1
I
HOftli; r-) 3 .!0_,75J
ISA
PROJECTS
L INCENTIVES!
awarded to these great customers!
Case 3:16-cv-00596- DAJ-FKB Document 1-7 Filed 07/28/16 Page 1 of 11
WINDovvs, wants to guve backIMIIIIKUSA. /AC- to our loyal customers
•1110,11 EiTiVil :1 Mill :1•11114:741 1111:1•
Each and every time we make
pay them $100 and will alsov".044 000,000 you refer to us, Windows USI2Va demonstration to anyone that
jil 713 awarded willi... pay you $100!
0 oatust e .1,0..- rs It's fast, fun and every homeowner is
his eci 11---..:1, interested in finding out how our great.i• ..-j,,,, windows can pay for themselves.
ninu LK NO PURCHASE NECESSARY
1CONVENIENT SCHEDULING
11,,, -4-te‘',
".1.-.J.':•''
rt••'•'`.
.7:1 k'';-'1, i4 ..i.:: k‘'.!, .7., 1"; f,
..16.4iim„ :11.0111011111MEIMIMIPMINI:.a I
---:4 :*...'''-.:..:i,'''1.', .';''ll:T.1'^',, 'O.,. r'. Virginia W. (Clinton, AR) $6,800
L. ..a.....,1
reZ'^:4::=1..'Y'.. 'OW'
r.:Pilt,I.i. .4;4.1-, tr
.ii, i
010).ir..siip- f.., m2
'..-C n k
Lloyd & Ruby U. (Florence, ALl
Richard & Reba F. (Albany, KY)
$5,300$5,300
411/0 1_800_272_2085 Ext. 2299BBB For future referrals, please contact our Referral Department.The Windows USM' Referral Program is available for homeow,with a lealtrrnate window need and the ability to purchase windowsin the near future. Your referrals must not have new vinyl winde EXHIBIT .rne. Al homeowners and decision makers must be available for thein-home demonstration anci estimating that takes approximate; i I 7 ii it valid for a referral that has previously participated in o past WindowsUSA° demonstration. Your referral must also agree to allow W one to schedule a convenient lime for the demonstration. Windows
USA promotional ofler is extended only to those homeowners and who have fulfilled the quahfications stated above and also have
passed a pre-approved screening process. Al referral bonuses :lion of the in-home demonstration and receipt of estimate, Programt-,L.,i-r Li,
r. damp- r,itia....imisc-41
Our Referral Program is a one-of-a-kind, no nonsense program thatis remarkably successful.,Contact your family and friends, co-workers and
neighbors they will be glad you did. There is no obligation to purchaseanything and your referrals will receive a $100 Wal-Mart Gift Cardat the time of their demonstration. It's that simple!Please PRINT and contact ALL referrals before submitting to our office.
indows USA® wi payou $100 CASH'
$100 CASH just for referring someone toreceive a free, no obligation estimate.
olk
3:16-cv-U-...q.,
wrakie,-z
r.-, c,.':.:2-1', ".../K -4",A.7,7 „A.,
....e....z..,..7.i or
..1k ..:1‘.0.', 't414,k,
‘ZA•r:-.
'Get StartedNOW!!!
3- Name:
127780 Hei Customer Name: Ange la Huds on
Spouse:
11 Address:
City/State/Zip:Phone: Alt. Phone:
E-Mail: Relation: Available Before Noon a
Name: Spouse:Address:
City/State/Zip:Phone: Alt. Phone:
E-Mail: Relation: Available Before Neon a
Name: Spouse:Address:,
City/State/Zip:.t Phone: Alt. Phone:
E-Mail: Relation: Available Before Noon. ...1
l'
Name: Spouse:Address:
City/State/Zip:Phone: Alt. Phone:
4
E-Mail: Relation: Available Before Noon L1
/1fJ7
Just for referring someone to receivea free, no obligation estimate!
Case 3:16-cv-00596-DPJ-FKB Document 1-7 Filed 07/28/16 Page 3 of 114Aci 2_,A WINDaws
—USA---"P"'"1/4,v.,...........„4,, x,.,, wants to give back
to our loyal customers!..g.,N „4-, -1\'.'i: .Y"- .t.,
1 c., -;11:,.
„it
et ------lk•K',,,...A. ..-gty ::‘4,...4,-..7J-,, tk110, j,
Over $2,000,000,00will be awarded to our
..Z.:, customers this year „AIL_-7.., iit..'1", i. 7,0,
..41I
1 III 110.0 1-111111 111
7
1 11111
:411,..IOW i:
i :14:41
41 II 6mil IIIMNEM 4/21,
!nOMPFFIt Poi
e. 14 hill/A Altirwoo 111111/111111101.^-
v-,2,4..=':,f;ti,-L., .f-.*.! 0 044'1. k"..n;;:-.0=--=• ..i
-f. 2:Zi., .kt:W,,i., V.°
I
7-.k:-",-:41-.".4y7.4c4.tj,iisiggit: '''t..1+,i2f..-4., I :i.4V: .1 i'.4..'4i.: 0-- L .;^;44;,..i.
la
14 .7 .r.7'" '''r 1,7 -j .„104-tibitiiiiiiel,4, 1
4, You can make hundreds,even thousands of dollars
finreferral incentives!No purchase necessary KI Fast, fun, friendly in-home demonstration
.07.m Convenient scheduling E Referral also receives S100 Cash!
Get Started N I 1-800-272-2085windowsusa.com
rtinglet we
11„L pwoitt he nimtI amlreedteiartea l fsatmh l yreaanrcieihM ti-114
NEIGHBORS A iOCCASIONAL
1111‘.:-...: they will want to knowWhen they see your new windows,
We all have those occasional events
more about them. Simply send in
ll':6 )111K k. o the rest.
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 g
li d
(social groups, birthday parties, graduations, spc
their informafion and let us
FRIENDSthem to receive $100.00 AND A FREE ESTIMATE.
kft2.403..
„.G.:,,,,,, 4-1A00,-.17-44-ra-xvev•-1-A, c- n.i.4,, .0., -s-
'dards. It's about all of your friends, i e: i-:::=,1;•;-.-E..,,, f;,,How ofien do you run into anold. i,, I'': :::;1!,L, :;i'ik.,::P
1: ti lend running errands or at church?ll them aboyour new windows
LET US HELP N‘CALL AND 404
q
I
1
k` Teutand our great referral program. 4
j,,,,,,,, :I., 1 .1.1-1 1—nuriu, 1:r.litiAihiliL itr.7.7..• I MAKE YOUR. Ik !Ai:11. Dccrtnoni
^i— I., t 1 I DON'T BE SHY!
A SL-I.,
N k :PARTICIPATION ir,:1,,,
4, :io,•161isr,r
i
c- y won't know about it unless you tell-=..72,
undreds, even thousands in referral.ncentivesjust for referring others to
Many of our closest relationships are
The
hi
them. Don't miss out on receiving
NO OBLIGATION estimate,
1
receive a FREE,
UCO-WORKERS11111111111kNN.1%Ilk,1011k.f. -1-
Don't forget they v,tould likeIrr
SUCCES—...1^••^•••— 11111411611"/"...."-lif—
coworkers and business associates.
$100,00 also!
I:::
3:16-cv-00596-101.7r7,Fa
s;. I iIANIL A
REFERRAL SUCCESINTERSTA_E
Tii 90% OF ALL
rPROFESSIONAL
wi NEW CUSTOME 2 -.--.-"'T1)"ink about all of the people that you know and meet throughoutr
0 I ARE REFERREDILT0 your week that would love to hear about your new windows.
I I i. I
IIIIIMATI1 OUR COMPA, 4, II;4.- (Barters, Handymen, Lawn Service, Mall Delivery Package De/iVery,
6
FAMILY di I BY PEOPLE JUS ;':r Dry Cleaners, Grocers, and so many more)
LIKE YOU!,•e".The easiest referrals are family,,4, 'i
members and they would love to helpyou cut. Look around and I— 1••• 'Fcr., t*,.:i', 0 'FIL, you will be amazed at how many
s
Case 3:16-cv-00596-DPJ-FKB Document 1-7 Filed 07/28/16 Page 5 of 11
t.,
Windows Deoignedw..,,4ith the Future in Mind
0:Wil,.-1,1_,, -0,, [-Di,
i 1,
s:st EY ase
..‘AN0 Conyle t s.,-h•itiltni
ki t0,,,,,,, Da,,,,,,,,,,
7,1e,,:4 •-41 101 I
1 11 111/C0-12 Ccrgiffijitilqiiie”i,tn,...1 it.., r
a Referra ffibri)111-5$100 @Thg
1 -800-272-2085 Ext. 2299 or visit1 AD IF&
us on the web at www.windowsusa.com0 ftV ST D
—0.•,
Case 3:16-cv-00596-DPJ-FKB Document 1-7 Filed 07/28/16 Page 6 of 11
ve sack--1 diiiiiriS ri© al
iiIr. gir- i_ itiimpliAiw''' toR10400.,,.iiiii tte ©kill lib.:::,;:iiletigl
rYo,w,ca,n .iinake hrundredsi.even thousandsv of dollars ftEl referral; incentives!
m77-17-1-- „iiy.,:fustome„. _0Su
Over $2,00-0,000-.00,arded to
Case 3:16-cv-00596-DPJ-FKB Document 1-7 Filed 07/28/16 Page 7 of 11
REFERRED BY:Name: Spouse:
Date MailedAddress:
Name of Referral City/State/Zip:
Phone Alternate Phone
E-mail Address:
I'M REFERRING: Available for appointment before noon?
Name' Spouse:
Each and every time we are able to
make a demonstration to anyoneyou refer to us (friends, relatives, Phone Alternate Phone
coworkers, neighbors, anybody)Windows USAwill 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
Case 3:16-cv-00596-DPJ-FKB Document 1-7 Filed 07/28/16 Page 8 of 11
•:z.:i7:
1 1411"`viarFlrg 1 1 I NO POSTAGENECESSARY "VA=In wad
11! .vsitvIF MAILED
IN THE
uUNITEDSTATESWW1 i d
"311107*1J =.1^IMMI^
::I.!..;.,..1 BUSINESS REPLY MAILFIRST-CLASS MAIL PERMIT NO. 19 HOT SPRINGS AR 1-800-272-2085POSTAGE WILL BEPAI^D BY ADDRESSEE
^IMM1MMNI•11111^1^IIIIIMM^1^•^11MI
11..^ Ext 2299
WINDOWS USA or
PO BOX 22688 visit us on the web at
11HOT SPRINGS AR 71903-9949 virww.windowsusa.com
I111111111, 11111111filitimillluillhilikIIIIIIIIII,oelhiti
iiii.
or visit us on the web at www.w n 0 Frs isa.corn
Case 3:16-cv-00596-DPJ-FKB Document 1-7 Filed 07/28/16 Page 9 of 11
Windows Designed,with the Future ill Mind
i ..c...,I] 2...800., -H., .i...[, 7
71 2299,...:4=1.2.615Q.Ilaii:a2.. X;:1alar:dElef..21:Ziiinlilki....-L,C
Case 3:16-cv-00596-DPJ-FKB Document 1-7 Filed 07/28/16 Page 10 of 11
fib).""1:4"7-.)''r•-..
irini
r ram4,. •ri
As a preferred customer, our goal is that you have a successful experience throughout your participation in
i our exclusive referral program. It is a fast, fun, and easy way to earn several hundred dollars a year with very
4, .f.,. 1 ikki q
little time and effort. As a customer courtesy, we want to provide information regarding the requirements for
participation in the program. Please take a moment to read over the following requirements that will provide for
faster, more convenient scheduling of your referrals.
Windows USA® is a national retailer, receiving thousands of referrals from across most of the country. This
requires a great deal of coordination with representatives and precise scheduling of these potential referrals on
:t a routine basis. Please be patient in our efforts to contact your referral as we will schedule appointments at theearliest available time(s).
Program Qualifications:There is no purchase necessary to receive the Referral Bonus.,Homeowners only. No Renters.
0.k_ All homeowners must be present for the demonstration.t
This offer does not apply to previous participants in a WindowsUSA° promotion.All referrals must agree to allow Windows USA° to contact them
r.-.4.... by phone in compliance with the Federal No-Call Regulations.
No new vinyl windows. Aluminum or wood windows preferred.,Consumer Privacy Protection Act (2002)
Windows USW promotional offer is extended only to those homeowners referred to us by our past customers and who have fulfilled the
qualifications 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 in
accordance with the State and Federal regulations. As a result of the Consumer Privacy Protection Act, Windows USW cannot disclose anyinformation pertaining to exclusion of any referrals in this promotion.
Case 3:16-cv-00596-DPJ-FKB Document 1-7 Filed 07/28/16 Page 11 of 11
WINDOWS"EUSA71-7/
From the desk of Sharon Kersey
Weicome to the Windows USA family!I 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 for
you
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 success
with this special referral promotion.
Sincerely,
Sharon KerseyInstallation Department ManagerWindows USA1-800-272-2085 ext. 2212www.windowsusa.com
rImulg ENERGY BBB--!L7 STARAlaskan 4"Lilri-44 PARTNERWindows' B etNteart ounsaiIn veisesmBbuerre au
Case 3: -cv-00596-DPJ-FKB Document 1-8 Filed 07/28/16 Page 1 of 14
ALASKAN WINDOW SYSTEMTout are going o
LOVE
Alaskan,
i N,,
40tflir IM=M
BBBVI P alWindowS st—' i./ 1 ACCREDITE
BUSINESS
i.
1lora._Ariiiiti,, a til 1 Li ___1 ___I ium,
i fficient, drafty windows are
nerally the most significant
11111 ENERGYSTAR,.in.
.T,,t,
PARTNERIA:6**st
Energy LossHighest 4 im,, ....L_... 4.40..;_ Loss
Summer' LL, '''i,, inter's COLDPFT1
lit .i......1
i
is ael,
1.EXHIBIT
AllNice& Warm
16-cv-00596-DPJ-EKB Document 1-8 Filed 07/28/16 Page 2 of 14
2,t-k14'4.;,toe 40641
Where we
operate:
.C14..:_.1.. :81111:11,,co.,Ma barna
iI Arkansas
GewgiaFiorida
foile lflinois
NE
3i-IowaKansas
KentuckYMIMM KS.,Louisiana
North Carolina
MississippiCr Missouri
Nebrak4ii:f.i' P,1. saBBBS,A New Mexico
ACCREDITED,,c...,916*---4-„,,, .c1111111 omahomasouth Carolina
BUSINESS, Tennessee
INST,;(1ATIOW,Texas
Rating Forr--
Excellence-7..., Ignsi-arSir. friti".-. rill,,i' am-is-,:—.-1.111. rt 1:::14,,in Customer iiiiti..., :i!-. -244...,
...v-Service3jbliL kk 4611111L4.il 12 04 i,, ..r.,,
Case 3:16-cv-00596-DPJ-FKB Document 1-8 Filed 07/28/16 Page 3 of 14
Everywindow is custom manufadurN_,
7\\ to insure a PERFECT FIT for your hom
Aummh. Am. We stand behind every product we manufacture to
NNW ...1 -.I insure an exact fit for your home. We guarantee completeI 1
--r
i.II,71 satisfaction with our products, installation, and service.
umIIIIMI
i- in11WM111111117l4-A. 1:111 466ikk
1 -10c
Iv-vg c Anti+ :-----;.711111111111111111111111111111 L -:-.-•.:1, i',"4,,, C2:-.-2 r. 4
Case 3:16-cv-00596-DPJ-FKB Document 1-8 Filed 07/28/16 Page 4 of 14
Read what our customers ifl-1
are saying about ourtaw_ 4
products and installations c
W Oil OW \771
1
3
4
DPJLFKELA_DocrentV riler7/?8/1Var ZiTykrKU!'N
w 4
livitimp1
Windows USA has long been recognized as the industryJeader in customer satisfaction due to the unsurpassedquality.,
....Lof our products and installation. Here at Windows USA, we
don't just promise a good window that's instdled right....
PROFESSIONAL REMOVAL,DISPOSAL AND CLEANUP
12—POINT i
ie
s atigSEAL INSPECTIOI
r'r\'CUSTOM EXTERICA,,,TRIM WEATHERIZATrr.3—ZONE INS'
'r
PPOTFrillnr‘
`.1
ANALYS El
AH instaHation crews are Licensed, Bonded and Insured.
INSTALL ATIONrp CERTIFIED La E4-.,44, frtfri---•wir•1, PARTNERNxer..1 Fax.rdazFtIng Card.
1Cal3:16,-cv-0 967,r
Nimmoir ''44011.9- mersoa vellimpt NRIPAriewir witit 4.0r- ISOkommo, \IR!,, 1
I I 1-1;-:1 -I 1 q j
Aft.44 A al,
t
1. i _1 r I,1WE GUARAN 1E-1E I
WINDOWS%-----. V^r"
4.......i.
11111 usA, I. i,
1.1r9111171T,ment
ePIMI•1111.:1Milla:M111---1411di1:411•I:-.1•11111111LC
4.,
--:...-.4,Yk''...'-''. 1..upG At
r.. _WG1:1414,0 r
nr/ir 31"\O.. 'r,
t neiVegift ..4;
_.s.:. INAIRLciicAG .f...\....., ..41_,../.41.17440A;14,.........:.'...1.•E-1"1;liie. '4IPt: 1*!::'y'.:1-::•::i:..
rN: II YO., ...-i"L:
r.,
it.. :-.7-;a'..,
up9
no.1 C1661.1(, C,IICI\ dCr,In\NCIIsguet. I'.
IL., ':::'.::":1t-:::1.-- Me i.o\\0wIng The \r„ilin
:.-..q _•-'1'. ot\ono\c°skornei-,.,.)A-..'.:' Pc°c1)A:...
.i...:.:...
./il.r. rt, L..%.L 6"..;•-:''. eX'ten–s \warranty
Ifit.f....i...... s Gk, breakage .15 cc',e u 0
....54:..-.arnev
address un
coverage to5:ep(Dl4ov,isrvg 'Items,.
1\'•)e, iciciedci upcier
er resides c.1 tr‘e
t d b \Mnd°\'15 USA:0:0nn:--A•z.--,
MWM
NI 1.vc:oerk,111:oe:s, Inad(nec:35:l\c's:10rencocv)leseclehl:ncPus:jonvn:'W;-'-':':" P'n\IP. :t..-.1",:ii:-.:11r, expa0,,,:c.,eue:osmnee,e.,,,, e, vvIkl be s1,113Pe
are covered by
Blor un'Is dows.,.
ii., 1.', s gi •Instcation 0,1 iitew,uP", °_skcimogeoonlcpc®Energy Soperly or wm
WIndows USN" Ind 011
ACCREDITED
he
2
(1:)11) Ihe P'-''crsase a. 50 yeats.
'0 l 5 so\ci w&illn 10year5.
";..irl
I :.'1";•;•,..1, i, '1 t•:-P., ..!-.V,K1.-:,, 0"y'....'., -it:‘, 4
s,,,,,,, :A..7.•.,:s,, :.....:';'11', i.',3 1- r `i-•
;1..`i"el are receN.Ing he\ se,
1 \r,/e) underOandi w.ln. ow 9ackoge pul.c., lo
-::::'1... a 1W*Olei-roPn7y9eo.1s tansierab\e to 6e new
"i oliereci as po0 in\,+ai
borne owv\inekrnd4orowaspuesloBUSINESS odupgro_lk... ..........i-:::.4-Q7.
1 i worraNYHomeowneiT.1.,
-7°;-';'1•41'Sir. r.------1 --4.11W:Hist -'1-6' -:j: ---------...'_'-j----- -1;7, -A4 ..4i\'''....4.7,-=-1' ..--L1:-•,. 9,417-1,1 aLe,,, IU\ z_,..;44 C:, 7_, c-„.,-c
i
F.7,1 1, .-..t,..m..---......- _......7!..
Unsurpassed as the industry's finest WINDOWS.NU„„r---------nstallation and customer service..
SATISFACTION MARA
Case 3:l16I-m-00596-DPJ-FKB Document 1-8 Filed 07/28/16 Page 7 of 14TestimoniasRead what some ofour customers have
Thank )1( (01c, to say about how.much they love theirnew windows!
"Thor vde ol,r_ for the best wi.rwolowsr) ...1)", r, -1.:, A___1 Pr.7., .5= .1 i., -Y.--'
thin movueu actvu bi.td. Not ooloi.ird.Th cur Lu,n,low purr.k...1_se., Wer, fs did theu Lower 1/14, u vuto:AthLu bi...Lts,ove eur _s0.63-.S17y-t'.,,-.:n. ei.m-peace of wi..1,04, whew
L.-0.1-, -UN! GyCibi_LA LL-ff' cur. L..)IndOWS.va,u -Rinti1u i.S home alowe. we also
We c_Ivire C., ?..sc, r-opr,-...s.se,-1 LA-,Love the referraL. ?rog ra wt, a voi with
IP de r,,,..?_ci,.ncr ci.n. prge7..s_shor, -11, Sr-A
11-57‘)105.V .bL. cur .5/e, .st-,-to:n ci n3 i
or help, we will. pu.t 0./i...LA,Olows
RSA wsWi.wan'wk. e.Ver hoe.w.
.5-6„...-01- A 6,-..r) cr.ft, 1.,./7 .v= :c-i.-"/Tlici vs..I'z uov ot&ce agai.tA.."Darrell Seely (Fort Worth, TX)
Leo and Doris Chandler (Crossett, AR)
4100/10
t;
We re.cently INIArcha5ed yotAr replacementwindowS And we wanted to le.t you know hc'?v,ple_c,...se_ci we. ckre_. We. were. re.aily inipre.55Ld biy-the proCeSsionalism Crc -the. installation cre.W.
-The service. iaes ckbove. and beyond a.nd makeS a
company 6World Class" c+.1^cl de-Cinitely makes youwckr\-E -ho share -Ekle, e.xpe_r- ieNce wi-hh cAkers.
Claudine May (Lawton, OK) Randy and Denise Richardson (Chattanooga, TN)
tak '?1• iiit-. T'
Read more from satisfied customers at www.windowsusareviews.com
WINDOWS.--Alk.-- bUnsu-rpassed as theL
estinstallrion andservice in t e industry.
'Ld I
really -.104.. ocr...4e0:41.inthiA„rt.4._ ttr.
oar friand
..rEarline.,Byrd AB)
TEED
C e 3:16-cv-00596-DPJ-FKB Document 1-8 Filed 07/28/16 Page 8 of 14
"App es to Apples!! gig 416"
L F r;e..-.•`7-.
f
I iG,uk. r 0.n,........_„:41iy________
5.--1- .--1-:•--7-
.0r: -11•.=:, .7--.:, ki_", L. ....4,
r
ir:Ar..:.----.. ....*IL _-.1 -.1
_..Ir
or', o,, „7---
..miSibil......... .1 ...„44,7-4:,,,,,,,.
111M11.111.11111=1111.11111110111111.11111111111111F
With Windows USA®, you are purchasing America's Premier Vinyl Window System, providing a
lifetime ofworr_i_.freee.atrcite.ci enerm9.x..22.vings._And with Windows USA®,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 beat
our price on an installed, comparable vinyl window* within 180 days from the date of purchase, we'll
refund 100% of the price difference.
Most importantly, No Worries. Windows USA® gives you the peace of mind of unsurpassed customer
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.
.404,V7
Ili 00114price.. on
1`. ir' rcirrifVrAPI4R'F''.71e 7,71, ittrlibr4 ...1 li*A1 ij .--77, //sal ir V, :4k'i f ..`-t, pi '4.
-"_.1.:..L:L. 2..., :_i_lir\ Is 1 1.....,, Is .1,v1;. 4:141 '14 11;i :4 —vie7,1(k,4
t41:Yst—T,,, :t-t•..4 A .fr OH',. 4.':ttf AlAitt i ti. lt 1.. A
*Windows USAY takes a 'common sense" approach to the low price guarantee, requiring a
comparison with a legitimate national or regional manufactuier, such as Windows USA",
cwoinmdboinwinpgromdourcluilacvvturainrrgo,nstyalmesjistinbsteallhafetilcimn,E7inarnraa Inl, aanndd sien rcvl uicdeewaitlhgthlaesisr pbrreemakiucmgequallviliinnygllull monufacturer/contractor must bc registered in their state by issuance of a certilicote of authority,
41^1 DboLdaedndaBndBBinrsautriendg.wTithheapgiceenemraulstliabbeilaitydvpeortliiscdobfylilmeiliciooriindpoolnlavrsn,oatnad,AmladtienntapinricaesgotuisofzcatonrydLISAw comparable window must meet or exceed the following NFRC performance rating:
0.28 U-Facior0.27 Solar Heat Gain Coefficient0.49 Visible Light Transmittance
The window must be certified through Energy Star'''.
seJr- I
Fi
•I I CI l I II I at l I
WINDOW3c--Celebrating
41044 of Customeranis,a,, on
WindoWs USA
I i
P.O. Box 222
Royal, AB 7-1968
r-1011
Please accept sincere CongraycoMpewotulations trorn the Better BUSifteSS Bureau tor the
40th membership anniversaryof Windows USA, an accomplishment
oi which VOLi
and your stall Cafil be very proud. -Mere aren't mananies\Oen have that kengt'n
oi comrnitment to the illgher standards ot the BBB, $omething notrthy you can
GOT-00.1161Cate to your custorners.We know Vi takes stsong dedication iron) you and your
Windows USA sets an incredible example tor other BBB mem\Ders to strivettor.We truly
appreciate the comrnitMent your company \las macle to the BBB over he Yers.
team tor such an achievement.
it Means a kot to our organizationto have tbe long term support ot WodowsaUSI\Gongratukationsand Happy P,nniversaryk.
Gorclinaliy, r,den's.]lan't G5)
Babb
F, 64.0024
RAT!NG-if:0:, ::::4:-.1.:::
For excellence in Customer Service
onor,.i
-2014 iD:. 1
o-r/
___AL.,. `-4, W., e,, c•‘•:N r1,, „„dt.,,,, t „0„, i ii.,::'-.7, 17' '..r.';, i7i, -4 C,'1,1.•Y, ..i.;',. 1: i ;1 r'.^ ittt,̂ 4^-;:t li:Nk14
i X,,, tivr.' 4,1. i'" v-i 1—N 1 I d;.'"; i .11... 1 rr r N,,,. 1,...1.0‘., '1 el.;''''t^,w, atatieW.., it g l'ill:V.:. 'C'''P''':' '..4‘!1.', !:''1.:li, 1 t° '!.'i' Xillt:: '.4 L!: V !A'ql 1, :?::.tt I I:, k ri X, IA= 1r'rr 0 J1
USA/C--- The Ri
I 11
i i:
And the differenceis less
than,a month, i
_1 ii..1',
i1
I
404‘Contractor Grade Vinyl Window ALASKAN -7,---rt* Window SystemEl Limited warranty w/ exclusions bin Lifetime, all-inclusive warrantyFi Stock size w/ expanders Ni i_: Exact custom manufactured fitLi Single strength, standard glass inserts b1=-H Commercial, double strength Low E glass package
Vinyl polymer frame construction bliii Titanium infused vinyl frame compositionStandard aluminum spacer kir DuraLite Warm Edge Spacer SystemBlock and tackle balance Stainless steel constant Force balance
Approximate weight: 48.6 lbs kifiq Approximate weight: 68.7 lbs
Isn't your home worth it?Your home is so much more than just where you live. It's about family,memories, safey, securi-y, investment, and so much more.
Ask one of the 400+ employees and associates that standbehind every window we build for your home.
'i--i-,-A;6-i----'-,. --:-..------Jr-. -42-------. 5:,..1----2:-.' ----:i4....,l'*- 14:44,41 ma-, ar.-„,
':"'70 lidal6N- -..44.56 jum4.11 alma4-
en 1- Comes your lomat nere s on y one
F
(me3.
1,i..,K.1. aht One.
Case 3:16-cv-00596-DPJ-FKB Document 1-8 Filed 07/28/16 Page 11 of 14
r.-, 7i
V t1M.-,41-.7 7F-c,,,;.4.r,,,,,i ....pe- ft:-.-:;-,C:-;1;..-r kb.....r.:4•z. .:i.„, 7,fr:... .4. .7j 'i..-rfiir %-ti•i4., 4. ....t;:, f...-,.h. -1,,,5::..-1., :f..^,,.u...., :4,,,..c., ..4._,,,...v,„.A....}... 5,'L:r 4.."-.T -A, 5.P..... --..-.7,, -;z.:..Y..,4i.2.-,.
4:7:,,,,: 4, ..''i.,64"1,, L- •'.4. -..1.--,4';',°.':.5" 4,
ea,ut,.r.,.
c r
Va ue
i.,:1, 0: It4'., 1,,,%Et.,,
ou41
S0 much more thanr".! 1, i5% 1
1
1 i l',,
is about,:1, 1',s.
4,4
1 Our commitment to y4%, Ai :'i 4' 1, i' 4
window....A il, 1,:t 1,,,,,Ato il
t'.,,,. 9,, ''-.1.k -;00, .i.;',. k ;1, '.i..'',: it,1.-in:...0, iit .'i, ':...‘"y", i.:- 14,,. N„., 5:'0, 1.•;i1-1! ''-7,, 47.; 1: eP.', r,, r'', W: 4
t,,,, •L„0 Li 1-,: qt k,. v. It 1, -k, y +,,,,
V v, 4 1 f,. i- IN, j1, ^.F1/,,, iN*.f,: It }4.4pf 4 ;;•i4, P.;.,, :ii/41',, ..-.r 4,1.,, ...8.,. --1 '"•r, c.,, .i.v.,, 4....i...de.
WINDOW=OFFICIAL ENERGY STAR PARTNER
...1
immommol.,
.1.111111
Case 3:16-cv-00-DPJ-FKB u t /16 Plage 2 sAWINbiriiii-I----CERTIFIED®4(
fIE
'USA'
Every Windows USA window and doorproduct is certified to be made in the USA
This certified seal means that all of our products have been put through rigorous testingstandards insuring that the components, manufacturing and assembly are truly "Made in America".
*NO OUTSOURCING Many companies of various products claim that their products are "Made in America", howeverin many cases, the products are assembled in America from components manufactured and shipped frorn foreign countries.
RELIABILITY Throughout generations, American made 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 guafity.SUPPORT AMERICA Purchasing products that have been Thank oL.J•"Made in the USA Certified" support American jobs and theAmerican economy.
WINDOWS os-------TWindow mart.
Imi,1sA__„„•••(-- r"". r'r.- r—:,r -.1, i 1----E J-. .1, 1j- j..- ir '''''7.: ..•1•; .1.,
V F--.1 Ai= 7 27 4.BIRM\t..,;li VIA# ti.I.:-. r4., ylwit .ft-N -v
fik I, -1 i Y.L ti 'P',, qc 1, w 11 lf, 71t. (0--0s l'''., di.,
flkill*. 4-0 v li;t, JW4.,,,i,,,A, IIrv..
laJ_,. i .--z7--To
...y•. -.-FJ-1
*ilk-...s. i.*.**•-•-r 10,
4 USA co_ 11111111111111111111'
11111111111111111111111,111111111& 1****i*144.•***T9t Aumpopoopsiou.5, 1,. _:.:4.r.. z
Q;..?..070,1..0.0.,.4:.::::.7„..-, I-5.
A...fr
.4'!K.
ittk, Ail
lude CIMISIISDONO 0,71.11
Jr1T-TIWYWIt MIS S 5 0 OC O..
F.1 Utla,, co
prrr- Case 3:16-cv-00596-DPJ-FKB Document 1-8 Filed 07/28/16 Page 13
40000tr, I want to share a Special Thank
You with ouremployees and our
.1 customers both past and future.Allat„ Var
11111111111. c'men ellami-1111 irgfall rg•
ofg. 4.0, *Lb*,(111.4E.....4.6.0.1
III NM ill F___ ni. n -117" St. Jude Children's Research Hospital entered11 gam ri ifteen short years ago Windows USA® and
girl si —;•rt." It"--- °mil T1 i lilli.."I, IA
Mill PIP.181711 Sil '''1"111513t"fit"11.1r.-5^PriT n i 1-.4. 1 IIPIV into an aluminum recycling program for the
benefit of the hospital, which is America's
II et-------, tiiii, on the cure and treatment of the most severe
----40.t,,,,9„ t, --iti,c, preeminent research facility St. Jude focuses?Ai,, AV--,
f
ik filC 041- ii. 6 and grave childhood diseases.
Thanks to our customers donation of their
old aluminum windows, I am very proud to
St. Jude Children'sResearch Hospital
ALSAC Danny Thomas, Founder
announce that our total donations have now
exceeded one and a half million dollars!
Again, to customers both past and future, I
thank you for helping 0 U r employees make this
losiothlUSA. wonderful program so successfuI.
fflinigkertz
i
die..C.',:to ....4'•,...
L•gv.., :kt:t-,•"k-e:7:•Ii.v.3., i. .4,
9e..
-.4.... q., V.
.r' ..-J-....0
le
Case 3:16-cv-00596-DPJ-FKB Document 1-8 Filed 07/28/16 Page 14 of 14
*REF
eirMINIM
Ka,P.O. BOX 222 ROYAL ARKANSAS 71966
Mr. & Mrs. Hudson28 Twin Oaks Drive
Waynesboro, MS 39367JOB 127780
Apr 12. 2016Dear Mr. & Mrs. Hudson,
I would like to personally thank you for your purchase of the Alaskan® vinyl window
system. We here at Windows USA® value you as a customer and want to ensure
your 100% satisfaction.
Our records indicate that you have made a request for warranty service. Your servicerequest has been entered into our system and will promptly be taken care of by one
of our master craftsmen. We will contact you to set up a convenient time for this.
If you need any further assistance or have any questions, please feel free to contactme at 1-800-272-2085 ext 2381.
Once again, thank you for your business.
Sincerely,
SlaiNkki C4-r117)Melanie EvansCustomer Service Manager, Windows USA®
6P*0‘linifINF -44
TWIC IDEPMACITICIN
Case 3:16-cv-00po. 13 Document 1-9 Filed 07/21/16 Page 1 of 2
1, L L
Mr. •I •M RUM, IVO.NIN/SIVS^ 'NW'
SPECIAL'1 up to a
FACTORYINCENTIVE $1000 value
;•-1 A.;6
SPECJAL SPECIALFg-rowee ;An! uptoa
FACTORYAil I DISCOUNT $2000 value
UPGRADED LIFETIMEWARRANTYPACKAGE $500 value
DELUXEup to a
EXTERIOR TRIM $15„„PACKAGE WU valueEXHIBIT
sealAra A) ASHLAND" Ai1=TX1' U !ogles
TRUTH II Window:HARDWARE Mart=
=IN!!
0 Ali 1
1
SAVE AS MUCH AS tcAnnii
3:16-cv-00596-DPJ-FKBWindows Designedwith the Future In Mind
MCA,,i°1cI
1
14.11111^4411471/1c-
...Th
•AFIF,JW.A
(14 46) ue_____ASHLAND' .1
tru seal TRUTH rill Windom6 LASS ceunincit tta.112?-ir-Tw' technologies HARDWARE Mart 1'422
SPECIAL FACTORY INCENTIVE everRight Now, Windows USA® is offering a limited-time
factory direct holiday incentive with the purchase of all
Alaskan Energy Star Window Systems.
PP,-44
FOR OMCE LSE ONLYev assw‘
Case 3:16-cv-00596-DPJ-FKB Document 1-10 Filed 07/28/16 Rage 1 of,1_,35 44 (Rev, 07 16) CIVIL COVER SHEET v- 5110 D {4.)- KSThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the aline and service of-pleadings or other papers as required by law, except as
provided by. local rules of court, This form, approved by the Judicial Conference of the United States in-September 1974. is required for the use of the Clerk of-Court for thepurpose of Initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEST 1-1(liE OF THIS FOR3Li
I. (a) PLAINTIFFS DEFENDANTSArchie and Angela Hudson Windows USA, LLC; Big Four Companies, Inc.; Wells Fargo, N.A,
(b) County of Residence of FiN Listed Plaintiff W. II478-111-1tRN ots-rRIC or misamplf.,, unty of Residence of First Listed Defendant Garland (Arkansas)(EXCEPT IN ILS, PLAINTIFF CAS FILED (IN U.S. PLAINTIFF CASES OA))
(C) Attorneys (Firm Name, ..Iddress, and li.leplume,kumber) 1 JUL 2 8 2016]N) IT. IN LAND CONDEMNATION CASES. USE TILE LOCATION OF
THE TRACT OF LAND INVOLVED.
A2lonleys OfKnown.,The Law Office of Macy D. Hanson, PLLC ARTHUR Joi-irinoN102 First Choice Drive, Madison, MS 39110 ay nrvinv601-853-9521
II. BASIS OF JURISDICTION (Mare aor "X- in One Bav On(y) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an -X- in Om Bar for Plaintiff(Far Diversio' ('ases OnoL) and One Box,thr 11..liardant)
1 I U.S. Government N 3 Federal Question PTF DEE PTE DEE
Plaintiff (CS. Government Not a Partv) Citizen ofThis State 3 I 0 I Incorporated of Principal Place 0 4 3 4of Business In This State
0 2 U.S. Government 0 4 Diversity Citizen ofAnother Sime 7 2 7 2 Incorporated arid Principal Place I 5 0 5Defendant (Indicate Cilizenshin .rof Parities in hem MI of Business In Another State
Citizen or Subject of a 7 3 0 3 Foreign Nation I 6 0 6
Foreign Country
IV. NATURE OF SUIT u Mac,. an -X- in Ono Ray ado
I CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES I1 11(1 hisurance PERSONAL INJURY PERSONAL INJURY 1 625 Drug Related Seizure :0 422 Appeal 28 USC 158 3 375 False Claims Act"I 120 Marine 21 310 A irplime 3 365 Personal Iniury of Property 21 USC SS I 0 423 Withdrawn! 3 376 Qui Tain (31 USC0 130 Miller Act 71 315 Airphme Product Product Liability 0 (i90 Other 78 USC 157 3729(a))3 140 Negotiable Instrument Liability 71 367 flealth Care 0 400 Stale Reapportionment1 150 Recovery of Overpayment 0 320 Assault. Libel & Plmrinaceutical PROPERTY RIGHTS 3 410 Antitrust
& Enforcement of-Judgment Slander Personal injury :1 52(1Copyrights 7 430 Banks and BankingI 151 Medicare Act 0 330 Federal Employers' Product Liability 0 530 Patent 3 450 Commercen 152 Recovery of Defaulted Liability 0 368 Asbestos Personal CI 840 Tradenmrk 3 460 Deportation
Student Loans 0 340 Marine Injury Product 3 470 Racketeer Influenced and(Excludes Veterans) 1 345 Marine Product Liability JAILOR SOCIAL SECURIPtCorrupt Organizations
71 153 Recovery of Overpayinent Liability PERSONAL PROPERTY 0 710 Fair Labor Standards 0 261 I 11A (1395411 7 480 Consumer Creditof Veteran's Benefits 1 350 Motor Vehicle 3 370 Other Fraud Act 1 562 Black Lung (923) 3 490 Cable-Sat TV
7 160 Stockholders' Suits 0 355 Motor Vehicle X 371 -truth in Lending 3 720 Labor-Management 7 863 DIWC' DI WW (405(g)) 3 850 Securities C'ommodities3 190 Other Contract Product Liability 7 380 Other Personal Relations 7 864 SSID Title XVI Exchange21 195 Contract Product Liability 1360 Other Personal Property Damage 0 740 Railway Labor Act 7 S65 RSI 1405(g 0 3 890 Other Statutory Actions7 196 Franchise Injury _I 385 Properly Damage 1 751 Family and Medical 3 891 Agricultural Acts
0 362 Personal Injury Product 1.iability Leave Act 0 293 Environmental Matters
Medical Malpractice 0 790 Other Labor Litigation 3 895 Freedom of Information
I REM. PROPERTY CIVIL RIGHTS PRISONER PETIIIONS, 0 791 Employee Retirement FEDERAL TAX SUITS Act
I 210 1 .111ii I 'ondcmnation 0 440 Other Civil Rights I laheas Corpus: Income Security Act II 370 Taxes (lf.S. Plaintiff 3 896 Arbitration1 220 Foreclosure 0 441 Voting CI 463 Alien Detainee or Del'endant) LI 899 Administrative Procedure1 230 Rent Lease & Ejecunent 1 442 Employment CI 510 Mot ions to VacatC n 371 IRS- -Third Party Act/Review or Appeal of1 240 Torts to Land 71 443 Housing, Sentence 26 ESC 7609 Agency Decision71 245 Thrt Product Liability Accommodations 3 530 ficnin-al El 950 Constitutionality of0 290 All 011ter Real Property 71 445 Amer. w Disabilities 71 535 Death Penalty IMM1CRATION State Statutes
Employment Other: 0 462 Naturalization ApplicationI 446 Amer. w Disabilities 1 540 Mandamus & Oilier 7 465 Other Immigration
Other 1 550 Civil Rights Actions3 448 Education -1 555 Prison Condition
0 5611CiviI DetaineeConditions ofConfinement
V. ORIGIN (Place an "N" in One Pox Only)2 Removed El 4 Reinstated or 1 5 Transferred fromX l Original El from 1 3 Reminded from 1 6 Multidistrict 1 8 Multidistrict
Pmeeednig State Court Appellate Court Reopened Another District Litivation LitMationispeciti'.} Transfer Direct File
Cite the U.S. Civil Statute under which you are filing. (Do not rile l'urkdictional Statutes Unless dieersitri15 U.S.C. Section 1601 et. seq. The Truth in Lending Act, as amended
VI. CAUSE OF ACTION.Brief description of cause:
Truth in Lending Act Violations and related fraud causes of actionVII. REQUESTED IN rm CHECK IF THIS IS A CLASS ACTION DEMAND CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F, R.Cv, P, 5, 000, 000.00 JURY DEMAND: X Yes 1 No
VIII. RELATED CASE(S)IF ANY (Se,, instruciions):
JUDGE DOCKET NUM ER
DATE SIG NA HIRE OF A 1" FORNEY OF RECORD se toc/ii07/25/2016
RECEIPT If AMOUNT APPLYING [Fp JUDGE MAG. JUDGE
311-(g4 30(4-0431