The Plaintiffs, Craig Myles, individually and as parent and next friend of K.M. and A.M. filed suit against Defendants, Rent-A-Center, Inc. and Rent-A-Center East, Inc., alleging negligence, breach of warranty, violations of the Maryland Consumer Protection Act and fraud. Plaintiffs were seeking compensatory and punitive damages.  The suit stems from the rental-purchase agreement for a used couch that was found to contain bed bugs within hours after its delivery.  Defendants filed a motion to dismiss alleging that the Plaintiffs failed to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) regarding their claims of violation of the Maryland Consumer Protection Act and fraud, as well as Plaintiffs’ request for punitive damages.  The Court held that Plaintiffs’ Complaint stated a facially plausible claim for fraud as well as under the Maryland Consumer Protection Act. Further, the Court concluded that Plaintiffs’ request for punitive damages was adequate. The Court held that all three issues centered on whether Plaintiffs sufficiently pleaded a claim of fraud; because the Plaintiffs had done so, the Defendants’ motion was dismissed. 

Myles v. Rent-A-Center, Inc., Civ. No. JKB-15-300 (D. Md. July 7, 2015).