Barnett v. Thorn Americas

94 M1 013550 (Ill. Cir. Ct. Cook County May 24, 1995) ; Clearinghouse Number: 51108

Description

Summary Judgment Denied in Action Against Unconscionably High Prices Charged by Rent-to-Own Store

Abstract

The court has denied defendant "rent-to-own" store's motion for summary judgment in this action against defendant's business practices. Plaintiff consumer alleges that defendant "rented" her a stereo and a curio cabinet at unconscionably high prices; defendant failed to disclose key terms of the transactions, such as the full price of ownership; and defendant's actions violated the state's rental purchase agreement act and consumer fraud act. Moving for summary judgment, defendant argued that plaintiff suffered no damages because she refused to pay the entire amount on the contracts at issue. Plaintiff, noting that defendant filed a counterclaim against plaintiff for the unpaid amount, argued that an obligation to repay a debt constitutes damages that can be recovered in an affirmative lawsuit. Plaintiff also argued that her allegations that the prices charged by defendant were unconscionably high and that defendant concealed the true cost of the merchandise and the excessive price charged should not be subject to a summary judgment motion because they involved questions of fact. The court denied defendant's motion.

Additional Information

Attorney Information
Plaintiff represented by Alan Alop, Legal Assistance Foundation, 343 S. Dearborn St., Chicago, IL 60604, (312) 347-8310.
Docket Date
1970-01-01 06:00:00+00:00