AG ANNOUNCES $183.5 MILLION SETTLEMENT

ATTORNEY GENERAL TONG ANNOUNCES $183.5 MILLION MULTISTATE SETTLEMENT WITH RENT-TO-OWN COMPANY ACIMA DIGITAL

(Hartford, CT) — Attorney General William Tong today announced a $183.5 million multistate settlement with Acima Digital, LLC and its parent company, Acima Holdings, LLC, resolving allegations that the rent-to-own finance company misled consumers about its agreements and deceptively marked up prices.

The settlement consists of $43 million in consumer restitution, $130 million in lease balance reductions, and a $10.5 million payment to the states. Connecticut consumers will receive $2,441,257 in lease forgiveness, in addition to the $246,090.70 payment to the state.

Consumers who are eligible to obtain restitution or lease forgiveness pursuant to this settlement do not need to take any action. Consumers eligible to receive restitution will be contacted by the settlement administrator, Rust Consulting. Consumers who are eligible to receive lease forgiveness will be contacted by Acima.

Acima partners with retailers to offer financing to consumers via rental-purchase agreements. The settlement resolves allegations that Acima deceptively advertised its rental-purchase agreements in manner that misled consumers about the nature and cost of its rental-purchase agreements and deceptively marked up the cash price of the merchandise being rented, amongst other deceptive acts and practices with respect to the consummation and servicing of its rental-purchase agreements and its debt collection and credit reporting practices.

“Acima lured and locked consumers into overpriced rent-to-own deals by obscuring key information, including the length of these agreements, the total cost, and options for termination. They took advantage of families struggling to afford basic needs, and we are making them pay. Our settlement sends millions of dollars back to consumers and forces strict reforms to ensure fair and honest practices going forward,” said Attorney General Tong.

The multistate coalition of 43 states alleged that Acima marketed its rental-purchase agreements as 90-day pay off programs without disclosing that consumers were automatically defaulted into the maximum 12-month term whereby consumers could pay approximately two times the cash price advertised by Acima’s retail partner. Acima also advertised its rental-purchase product using terms like “credit,” which often misled consumers into believing that they were obtaining traditional financing. Acima’s process for electronically executing rental-purchase agreements also obscured the terms of the transaction, further compounding consumer confusion. Additionally, Acima obstructed consumers’ ability to terminate their rental-purchase agreements without penalty by returning their merchandise to Acima.

Under the settlement, Acima has agreed to injunctive terms to address these practices, including to:

• Conduct robust training of its retail partners;

• Refrain from making certain representations in its advertising unless other material information is clearly and conspicuously disclosed;

• Refrain from obscuring the material terms and conditions of its rental-purchase agreements during Acima’s electronic signature process;

• Refrain from marking up the cash price from that of Acima’s retail partners;

• Refrain from obstructing consumers’ ability to terminate their rental-purchase agreements by returning the merchandise to Acima;

• Refrain from reporting rental-purchase agreements to the big three credit reporting agencies for a period of five years; and

• Properly handle late deliveries, merchandise damaged at the time of delivery, and adhere to legal obligations to make repairs to merchandise during the course of the lease.

The state attorneys general that joined Attorney General Tong in today’s settlement are Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Minnesota, Nebraska, New Hampshire, New Jersey, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

Assistant Attorneys General Joseph Gasser and Addison Keilty and Deputy Associate Attorney General Michael Wertheimer, Chief of the Consumer Protection Section assisted the Attorney General in this matter.

AG ANNOUNCES $183.5 MILLION SETTLEMENT

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