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


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



("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



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.



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.



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



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



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.;



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



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.



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.



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)



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.



COUNT TWO FRAUD




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).


severe financial damages.







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)





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.








trial.

COUNT FOUR BREACHES OF IMPLIED WARRANTIES AND COVENANTS



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,



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.








trial.

COUNT FIVE (GROSS) NEGLIGENCE



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



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.








trial.

COUNT SIX VIOLATIONS OF THE MISSISSIPPI CONSUMERPROTECTION ACT, MISS. CODE 75-24-1 ET. SEQ.




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,



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)


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


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


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•


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.,


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;


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.,

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'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:


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:


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:,.

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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

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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

î— 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!

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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


t.,

Windows Deoignedw..,,4ith the Future in Mind

0:Wil,.-1,1_,, -0,, [-Di,

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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

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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


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


•:z.:i7:

1 1411"`viarFlrg 1 1 I NO POSTAGENECESSARY "VA=In wad

11! .vsitvIF MAILED

IN THE

uUNITEDSTATESWW1 i d

"311107*1J =.1ÎMMI^

::I.!..;.,..1 BUSINESS REPLY MAILFIRST-CLASS MAIL PERMIT NO. 19 HOT SPRINGS AR 1-800-272-2085POSTAGE WILL BEPAI^D BY ADDRESSEE

ÎMM1MMNI•11111^1ÎIIIIMM^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


Windows Designed,with the Future ill Mind

i ..c...,I] 2...800., -H., .i...[, 7

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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.


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,

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BBBVI P alWindowS st—' i./ 1 ACCREDITE

BUSINESS

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i fficient, drafty windows are

nerally the most significant

11111 ENERGYSTAR,.in.

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Energy LossHighest 4 im,, ....L_... 4.40..;_ Loss

Summer' LL, '''i,, inter's COLDPFT1

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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:

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iI Arkansas

GewgiaFiorida

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NE

3i-IowaKansas

KentuckYMIMM KS.,Louisiana

North Carolina

MississippiCr Missouri

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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

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i.II,71 satisfaction with our products, installation, and service.

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products and installations c

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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'

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AH instaHation crews are Licensed, Bonded and Insured.

INSTALL ATIONrp CERTIFIED La E4-.,44, frtfri---•wir•1, PARTNERNxer..1 Fax.rdazFtIng Card.

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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

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We c_Ivire C., ?..sc, r-opr,-...s.se,-1 LA-,Love the referraL. ?rog ra wt, a voi with

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.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

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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

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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.

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*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,

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0.28 U-Facior0.27 Solar Heat Gain Coefficient0.49 Visible Light Transmittance

The window must be certified through Energy Star'''.

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WINDOW3c--Celebrating

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WindoWs USA

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P.O. Box 222

Royal, AB 7-1968

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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)

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RAT!NG-if:0:, ::::4:-.1.:::

For excellence in Customer Service

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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.

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Case 3:16-cv-00-DPJ-FKB u t /16 Plage 2 sAWINbiriiii-I----CERTIFIED®4(

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'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.

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You with ouremployees and our

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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.

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*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

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SAVE AS MUCH AS tcAnnii

3:16-cv-00596-DPJ-FKBWindows Designedwith the Future In Mind

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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

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Angela IV - Truth In Advertising