Acima review: Loan 5

James C. Adams
[protected]@gmail.com

11-28-21

ACIMA CREDIT, LLC,
9815 S. Monroe St. 4th Floor
Sandy, Utah, 84070
www.acimacredit.com
[protected]@acimacredit.com

RE: Lease No: #5992768

1. false, misleading, or deceptive acts or practices
2. unconscionable action or course of action
3. tie-in statute and the deceptive acts

Dear ACIMA:

I represent JAMES C. ADAMS, who has retained me to assert a claim against you for violations of the Texas Deceptive Trade Practices Act (DTPA), Texas Business & Commerce Code section 17.41 et seq. This letter is notice of my client's claim and attempt to resolve this matter without litigation. If this claim is covered by an insurance policy, please forward this letter to your insurance carrier to ensure that the carrier receives timely notice of the claim and will provide you with representation and coverage.
This claim arose from you engaging in false, misleading, or deceptive acts or practices that my client relied on to my client's detriment. Specifically, you violated Texas Business and Commerce Code § 17.46 (b) (12), (14), & (24), 2021. ACIMA CREDIT, LLC, through CROSS TIRES, and through CROSS TIRES, salesperson (NICK STOVER), "represent[ed] that [the] agreement confer[ed] or involve[d] rights, remedies, or obligations which it [i.e., the agreement] d[id] not have or involve, or which are prohibited by law[.]" You represented that the agreement for the tires would cost $600. However, the tires have cost my client over $937.37 (See your 11-18-21 statement), and you still want more. Secondly, ACIMA CREDIT, LLC, through CROSS TIRES, and through CROSS TIRES, salesperson (NICK STOVER), "misrepresent[ed] the authority of the salesman [NICK STOVER], representative or agent to negotiate the final terms of a consumer transaction" was $600. However, this salesman, NICK STOVER, had no such authority to negotiate the final terms of the consumer transaction. Thirdly and lastly, ACIMA CREDIT, LLC, through CROSS TIRES, and through CROSS TIRES, salesperson (NICK STOVER), "fail[ed] to disclose information concerning [your] services which was known at the time of the transaction [which] was intended to induce the consumer [ADAMS] into [the] transaction into which the consumer [ADAMS] would not have entered had the information been disclosed[.]"
Also, or in the alternative, this claim arose from you engaging in an unconscionable action or course of action that, to my client's [ADAMS] detriment, took advantage of my client's [ADAMS] lack of knowledge, ability, experience, or capacity to a grossly unfair degree. Specifically, you violated Texas Business and Commerce Code § 17.46 (a) (3), 2021. That is, ACIMA CREDIT, LLC set up a scam or scheme to prey upon old, unsuspecting senior citizens, such as my client (ADAMS), whereby you can sneak into their bank account and siphon off funds a little at a time until you reap more than 200% of the original cost of the product, in this instant, a set of $500 tires.
Lastly, or in the alternative, this claim arose from you engaging in false, misleading, or deceptive acts or practices that my client relied on to my client's detriment and that violated a "tie-in" consumer statute. You violated Texas Business and Commerce Code § 17.50 (h), 2021, via, Texas Business and Commerce Code §§ 92.052 (a) (6), & 92.053 (1), 2021. Specifically, [the] rental-purchase agreement [didn't] disclose … the amount and purpose of any payment, charge, or fee in addition to the regular periodic payments. And, [the] rental-purchase [didn't] provide th[e] … charge in addition to periodic payments [was] reasonably related to the service performed.
Because of your violation of the DTPA, my client has incurred economic damages of $337.37. These damages represent the cost above and beyond the $600 represented to ADAMS by you, CROSS TIRES, and NICK STOVER. In the event of litigation, these amounts will be adjusted upward to reflect any additional damages, including both prejudgment and post judgment interest.
In the event of litigation, my client will also seek recovery of mental-anguish damages in the amount of $337.37 and trebled $1012.11 damages on the grounds that your conduct was committed knowingly or intentionally. Specifically, and to reiterate your unconscionable scheme or practice, you scammed an old, unsuspecting senior citizen, i.e., ADAMS, whereby you could sneak into his bank account and siphon off funds, not for the tires, but for your profit, i.e., until you were able to reap more than 200% of the original cost of the product, in this instant, a set of $500 tires. But for BBVA's merger with PNC, you almost got away with your scam.
At this time, my client has incurred attorney fees in the amount of and other related expenses in the amount of. In the event of litigation, these amounts will be adjusted upward to reflect the additional time and expense incurred.
My client wishes to resolve this matter without filing suit. Therefore, we request that you remit payment in the amount of $337.37. This sum includes my client's economic damages, fees, and expenses. If this sum is not paid within 60 days of receipt of this notice, suit will be filed against you.

I look forward to hearing from you soon.

Sincerely,
JAMES C. ADAMS