TAMPA — A woman is suing Georgia business Aaron's Inc. and Does 1-10, citing alleged violations of the Electronic Fund Transfer Act (EFTA).
Amanda Vazquez filed a complaint on Oct. 31 in the U.S. District Court for the Middle District of Florida against the defendants, alleging that they breached their duties of good faith and fair dealing.
According to the complaint, the plaintiff alleges that in June, she received a call from Aaron's in an attempt to collect a debt and agreed to contact the defendants once a month to make a payment in the amount of $105.91. However, she alleges, the defendant did not wait for the plaintiff's call to initiate payment, but instead automatically debited her account with an amount equivalent to two months' payments, without prior written consent. On Aug. 18, when she contacted the defendant, although they admitted to having "accidentally" debited her account, they refused to reimburse the amount, thereby causing plaintiff to suffer from humiliation, anger, anxiety, emotional distress, fear, frustration and embarrassment, she alleges.
The plaintiff holds Aaron's Inc. and Does 1-10 responsible because the defendants allegedly failed to provide advance notice to the plaintiff of the amount to be transferred and the scheduled date of the transfer, and automatically debited an account with an amount that varies from the previous pre-authorized transfer, without prior express written consent.
The plaintiff requests a trial by jury and seeks judgment against the defendants, damages, costs of litigation, attorney's fees and further relief as may be just. She is represented by Stan Michael Maslona of Lemberg Law LLC in Wilton, Connecticut.
U.S. District Court for the Middle District of Florida Case number 16-cv-03059