Elderly customer accuses loan financier of unjust enrichment

By Noddy A. Fernandez | Apr 27, 2017

PRINCETON — An elderly Mercer County woman is suing a financial business, alleging unjust enrichment.

Bonnie F. Flanigan, 73, filed a complaint April 13 in Mercer Circuit Court against OneMain Financial Inc., alleging the defendant exploited unsophisticated and elderly consumers by persuading them to enter repeatedly unwise refinance agreements.

According to the complaint, on Feb. 16, 2016, Flanigan had an existing personal loan with OneMain that she was unable to afford and was instructed to visit the defendant's office to help her on the payment. However, the suit says, Flanigan had to sign papers that turned out to be a refinancing of the debt that converted the prepaid finance charge from the prior loan into the principal of the new loan. 

The lawsuit states Flanigan informed OneMain that she could not afford the monthly payment with a principal balance of $8,212 for a term of 60 months but the defendant insisted that she sign anyway. As a result, Flanigan says she has suffered stress, inconvenience and worries that failure of payment will cause her to losw her home in Princeton. 

The plaintiff alleges OneMain Financial failed to explain the loan terms to Flanigan, in particular, the simple interest daily accrual featured before signing of papers, created a contract that contains unconscionable and commercially unreasonable terms that traps the plaintiff in a loan she will never be able to repay and oppressed and/or abused the plaintiff in an attempt to collect monthly payments.

Flanigan seeks trial by jury, actual damages, attorney fees, costs of litigation and all other relief the court deems appropriate and just. She is represented by attorneys Sarah K. Brown, Bren J. Pomponio and Daniel F. Hedges of Mountain States Justice, Inc. in Charleston.

Mercer Circuit Court Case number 17-C-16S

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