By Robert J. Boumis  |  July 29, 2016

Category: Consumer News

windows class action lawsuitA couple has filed a class action lawsuit against Windows USA, Alaskan Window Systems, and Wells Fargo, alleging deceptive marketing practice involved in selling and financing windows.

Plaintiffs Archie and Angela Hudson of Mississippi filed the deceptive marketing class action lawsuit and seek class certification. The Hudsons describe themselves as “victims of the deceptive, fraudulent, unconscionable, high-pressure, in-home sales, advertising, financing, and business practices of the Defendants.” And they claim that they are not the only ones.

The text of the Windows USA class action lawsuit states their allegations plainly: “[t]o put it 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.”

Their allegations claim that Alaskan Window Systems pushed the idea that defendants would save 60 percent to 70 percent on their utility bills amidst high-pressure sales tactics. The Hudsons allege that they saw no such savings.

Second, the class action lawsuit also alleges that the company misrepresented the amount that their windows would increase a home’s value. Again, the Windows USA class action lawsuit, the statements did not prove true. Third, the lawsuit holds that the window package amounted to a “scheme of bait-and-switch,” which used “fraudulent games regarding the prices of its products and services.”

The Windows USA class action lawsuit also mentions alleged high-pressure sales tactics. One example cited is that sales reps would refuse to leave a home until they had gotten customers to sign a financing agreement. Additionally, sales representatives allegedly tried tactics like claiming they had special one-night-only offers and contacting supervisors to get better deals.

The class action lawsuit also says the product itself was oversold.

“Windows USA misrepresents and deceives its prospective customers regarding the so-called state-of-the-art, high-tech nature of tis 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,” the Windows USA class action lawsuit claims.

The deceptive marketing class action lawsuit also states that much of the marketing material for Windows USA throws around the term “100% Satisfaction” and “100% Guarantee.” The lawsuit holds this to be a “false claim” and includes this in the accusations of “deceptive and false” claims.

The class action lawsuit also alleges that Wells Fargo bears some of the responsibility for the actions of USA Windows / Alaskan Windows because Wells Fargo provides exclusive financing for Alaskan Windows.

The lawsuit holds that the actions of the Defendants amount to fraud and breach contract (in the form of a warranty). They seek actual damages, compensatory damages, punitive damages, attorney fees, and interest.

The potential class members could include anyone who purchased windows from Windows USA, who was doing business as Alaskan Windows when they sold the Hudsons the windows in question.

The Windows USA Class Action Lawsuit is Archie Hudson, et al, vs. Windows USA LLC, et al, Case No. 3: 16 – cv – 596 DPJ – FKB, filed in the U.S. District Court for the Southern District of Mississippi, Jackson Division.

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30 thoughts onWindows USA Hit With Deceptvie Marketing Class Action Lawsuit

  1. Shon Black says:

    I had the same problem, feeling pressure to sign the contract because the sale representative would not leave my house at 11:00 pm. He also used deceptive tactics to sale the windows. They are very hard to open and the interest rate is ridiculous. I was lied to and now I stuck trying to pay for the expensive inefficient windows. I wished I had read this before he came I would have never open the door. Windows purchased June 22. Total rip off

    1. Carol says:

      The man from winchoice USA stayed at my house for a long time trying to sell me their windows. He told me how great the windows were. When he was finished he basically told me I need new windows
      and how they were going to save me money on my electric bill. I told him I couldn’t afford those windows. He then called his “boss” and said he was willing to come down on the price since I needed their windows so bad. The boss told me he would only charge me $22,000 for all of the windows. I finally said ok. The windows were financed through Green Sky. I noticed the bill had a balance of $3000.00 more than what I agreed to pay. I tried many times to talk to the manager but, never was able too. They made up reasons like he is in a meeting or out of town, etc. I never had a call back. I talked to Green Sky and they said I would have to pay each month with high interest until the total they had was paid. Now that I have the windows I have discovered that if I open the windows I can’t shut them back. I have tried several times to reach someone at Winchoice to get someone out to see why they don’t close all of the way. The problem now is they won’t answer my phone calls.

    2. Pamela Armster says:

      I had an in home estimate done yesterday. I’m going to get 7 windows for $13,000. My mom told me not to sign but wait for my dad to look at the estimate. $200 per month for 10 years?

    3. Joy Michelle Matherne says:

      I am in the same predicament as some of these post.

  2. Trean Booker says:

    Same here I am a widow

  3. Trean Booker says:

    I purchased windows June of 22. I called them several times letting the sale Rep know the Locks on the windows will not lock and not safe. Also the windows are difficult the lift . But if you force the window to open it will not stay up. I feel was pressured. I am a widow who loss my spouse around the same time the sale rep came to my home. I feel I was deceived.

  4. Trean Booker says:

    Same thing I purchased windows June of 22. I called them several times letting the sale Rep know the Locks on the windows will not lock and not safe. Also the windows are difficult the lift . But if you force the window to open it will not stay up. I feel was pressured. I am a widow who loss my spouse around the same time the sale rep came to my home. I feel I was deceived.

    1. Carol says:

      Exact thing happened to me.

  5. Tanya Sullivan says:

    We bought ours back in 2007/2008. They are decent windows but very high priced, no where near as nice as they claimed, our bills did not go down as promised and very pushy sales tactics. Wish I could have reclaimed part of our money back!

  6. Sandy Barnett says:

    I cannot believe this as I just purchased these windows. Why is this company still in business? What recourse do customers have?

    1. Cathy Jackson says:

      Same thing and I’m asking them now to come and fix windows as I hear a lot of outdoor noise and mine down go all the way down

  7. Monica Young says:

    Same here all the above

  8. Frances Sanders says:

    My husband and I purchased these windows on Tuesday 23 April 2019. You are correct that the sales pitch is high pressured. Since we signed to get the windows, I now have after thought about them, but was told that if we changed our minds, we would be hit with a charge of 25% of the original price. I checked for reviews on Windows USA and found no recent negative comments.. Wish I had known to look for Alaskan Window Systems, I wouldn’t have purchased. We were told the frames of the windows are not vinyl but PVC, which is a stronger material. No warping or condensation would build up on these windows or frames. I sure hope they will be worth the 9K+ we paid.

  9. Dwayne Crouch says:

    Wanted to know if this has been settled? I purchased the windows this either 12/18 or 01/19. They worked with SunTrust bank since I’m in NC. I ended up paying $6k for my windows. My heating bill was higher this winter. I feel I was also pressured to purchase the windows, even though I kept saying ‘NO’ the salesman kept calling a guy and they kept lowering the price. If this lawsuit is still in existence, please contact me immediately.

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