Consumers who have financed home improvement contracts through installment loan/credit programs by Greensky Trade Credit, LLC or Aqua Finance, Inc. are advised that they may have been the victim of:
1. violation of the Fair Credit Reporting Act (FCRA), 15 U.S.C. §1681, et al. seq.
2. violation of state laws governing aiding and abetting organized schemes to defraud involving construction contractors;
3. unfair and deceptive trade practices pursuant to state law;
4. the filing of fraudulent UCC financing statements and/or mechanics liens on the residence of customers;
5. violation of the Truth-In-Lending Act (“TILA”), 15 U.S.C. §1601 et seq., which requires full disclosures at the time the application is provided to the consumer of all financing information;
6. violation of state law limiting the finance rate that may be charged on a home improvement loan thus rendering the finance rate illegal and unconscionable;
7. violation of state and federal law requiring Greensky Trade Credit, LLC and Aqua Finance, Inc. to disclose the terms of the financing contract, the consumer’s right to cancel, the rates, conditions, and the required legal disclosures;
8. violation of federal laws prohibiting the use of a consumer credit report for purposes other than that for which it was originally authorized;
9. that Greensky Trade Credit, LLC and Aqua Finance, LLC may have acted as principals for its brokers and agents who are construction contractors who procured financing agreements on behalf of Greensky Trade Credit, LLC and Aqua Finance, LLC and as such may be liable for any damages sustained by consumers as the result of illegal contractor activity, schemes to defraud, Ponzi schemes or organized crime; Consumers should consult legal counsel within their jurisdition to determine their legal remedies.
ALERT!!!!!!!!!!!!!!!!!Consumers who have home improvement loans through Greensky Trade Credit, LLC and Aqua Finance, LLC should verify with Greensky Trade Credit, LLC or Aqua Finance, Inc., by requesting a copy of their complete file, that any and all documents in the possession of Greensky Trade Credit, LLC or Aqua Finance, Inc. contain the consumer’s actual signature and not a forgery on any and all financing documents in the possession of Greensky Trade Credit, LLC or Aqua Finance, Inc.
Consumers who believe they have been the victim of one or more violations of law as stated above should file complaints with the Economic Crimes Division or Consumer Protection Division of their State Attorney General’s office as well as the Federal Trade Commission at www.ftc.gov under the “Take Action” tab, File A Consumer Complaint.
Consumers, victims, witnesses, whistleblowers or others with information on the activities under investigation as stated above in reference to Greensky Trade Credit, LLC or Aqua Finance, Inc. are asked to contact Attorney Cathy Lerman at 954-332-1143.