Orange County residents Ricky Lee and Tammie Weatherford made a trip to Energy Country Ford in Port Arthur to purchase a new vehicle and $1,500 cash back.The action and representations of the defendants were deceptive in that they were false and misleading and deliberately so, and that the defendants falsely misrepresented that the agreement entered into had characteristics and benefits that it did not have;
After four years and still no cash reward, the couple has filed suit against Cash Rewards Inc. and its third-party administrator Resolve Corp. alleging the cash back promise was a fraud. Their suit was filed June 30 in Jefferson County District Court.
According to the original complaint, on June 29, 2004, the plaintiffs purchased a new Ford Explorer from Entergy Country in Port Arthur.
During negotiations, the plaintiffs entered into an agreement with Cash Rewards Inc. to receive $1,500 in cash after fulfilling certain requirements. The suit does not give details on the agreement.
Lee and Weatherford claim that they completed the terms of the agreement and met the original requirements, yet Cash Rewards Inc. and Resolve Corp. denied them the $1,500 in cash.
The plaintiffs allege that defendants Cash Rewards and Resolve are in violation of the Texas Deceptive Trade Practice Act-Consumer Protection Act in the following:
The action of representation of the defendants were deceptive in that they warranted to the plaintiffs that if they did as required they would receive $1,500;
The action of representation of the defendants were false and misleading and that the reasons that were advanced support in the denial of their claim, were not based on fact; and
The actions of all representation of the defendants were unconscionable.
The complaint also alleges that Cash Rewards and Resolve are in breach of contract and committed fraud.
Lee and Weatherford are seeking statutory damages, exemplary damages, attorneys' fees, interest, cost and other relief.
Peter F. Doyle Jr. of Port Arthur is representing the plaintiffs.
The case has been assigned to Judge Donald Floyd, 172nd District Court.
Case No. E181-980