Q: Can we sue "AcceptanceNow" in small claims?
My fiancé and I recently purchased a table from Ashley's Furniture under the impression we were "buying" it and making payments to pay it off. Well after 90 days we found out we were going to be charged $1500 for the initial $500 table. We told them that we were NEVER informed that we had 90 days to pay it off, cause if we had, then we wouldn't have set up a $120/month payment plan minutes after "being told about this 90 day deal" KNOWING we wouldn't make the cut in that 90 days. Essentially setting us up for failure. 3 weeks before the birth of our newborn. It's absurd. Now we are being forced to pay 300% more. I spent a couple hours online reviewing this "business" and I founded thousands upon thousands of extremely negative reviews from across the country, and HUNDREDS with the SAME story. And by the way, we keep all our paperwork/receipts and no where does it state this 90 day thing. Maybe in THEIR paperwork small print (which they never gave us the time to read). We've been duped.
A: You can file a small claims action in Idaho for up to $5,000 without an attorney. Based on the facts you allege, your claims would be for breach of contract and misrepresentation/fraud. It would be important to allege that the 90-day price point increase was not set forth in the rental contract and was told to you, orally, falsely. Note that the prior online reviews are hearsay, likely inadmissble as relevant to reputation, but possibly within an exception for motive or plan.
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