SHERMAN – A Denton County consumer alleges a lease-to-own company failed to send a technician to repair a refrigerator and unlawfully continues to call him to collect a debt related to the appliance agreement.
Erick L. Harris filed a complaint on Jan. 15 in the Sherman District of the Eastern District of Texas against Aaron's Inc. alleging that the debt collector violated the Telephone Consumer Protection Act and the Texas Debt Collection Act.
According to the complaint, the plaintiff alleges that in and around the spring of 2018, he entered into an installment agreement with defendant for the purchase of a refrigerator. Shortly thereafter, he alleges the refrigerator began to fail and he withheld installment payments. The suit states the plaintiff began receiving calls from defendant seeking to collect upon the subject debt and he requested that the defendant provide a technician to repair the appliance to working order.
He alleges the defendant never sent a technician, so he withheld payments again and asked the defendant to stop calling him due its alleged failure to repair the fridge. The suit states the defendant continues to call.
The plaintiff holds Aaron's Inc. responsible because the defendant allegedly made calls using an automatic telephone dialing system or prerecorded messages without his consent.
The plaintiff requests a trial by jury and seeks actual and punitive damages, costs, attorney fees and any other relief deemed just and appropriate. He is represented by Nathan C. Volheim and Taxiarchis Hatzidimitriadis of Sulaiman Law Group LTD in Lombard, Illinois.
Sherman District of the Eastern District of Texas case number 4:19-cv-00032