(Editor's note: This article has been updated to reflect that Ally's loan has been resolved)
BELLEVILLE – A man is suing Tiger Services for allegedly convincing his wife into signing him up for $61,176 in home repairs without his approval.
Plaintiff Don C. Boniphant filed the lawsuit in the St. Clair County Circuit Court against Tiger Plumbing, Heating, Air Conditioning & Electrical Services, doing business as Tiger Services, Tiger Plumbing Services, LLC, Tiger Heating and Air Conditioning Services, Inc, Tiger Electrical Services, LLC, Tiger Business owner Jeffrey Gamblin, and Ally Financial, Inc., doing business as Ally Lending, citing breach of contract and violations of the Consumer Fraud & Deceptive Business Practices Act.
According to the lawsuit, on Dec. 9, 2021, Boniphant was experiencing issues with the hot water heater in his East St. Louis home and called Tiger Plumbing for service. The next day, a Tiger representative was dispatched to the plaintiff's residence. Boniphant was not home, but his wife was present during the visit. Boniphant was the actual owner of the property and was the only one with the authority to authorize any repairs, a fact made known to the Tiger employee, the suit states.
Despite this, the Tiger employee allegedly moved forward with convincing Boniphant's wife to replace the water heater as well as agreeing to other plumbing and electrical repairs. Boniphant said the employee rushed his wife into signing his name
The repairs totaled $61,176, an amount which is accruing interest every month. The bill was transferred to Ally Financial. Boniphant said he he agreed to a "much lower" amount over the phone while at work and discussing the issue with his wife over the phone. He added that he is still having issues with his plumbing even after the alleged repairs.
Boniphant alleges the Tiger employee took advantage of the fact that he wasn't home, misrepresented the need for repair work to his home, and assured his wife to sign his name to approve repairs on the home.
According to Boniphant, the defendants breached the contract by failing to obtain his approval for any repairs, failing to obtain necessary permits for repairs, and misrepresenting the need for repair work. He adds that the employee violated the Consumer Fraud & Deceptive Business Practices Act by failing to provide him with a written contract or work order as required by the act.
Ally is named in the lawsuit as co-defendant for allegedly impacting the plaintiff's credit rating. Boniphant said he had to take out an additional loan on his home in order to resolve a high-interest loan held by Ally. Ally had allegedly attempted to collect the fraudulent debt and has refused to issue a refund.
The plaintiff is seeking damages in excess of $50,000, plus court costs, attorney's fees and any other relief the court deems proper. He is represented in this case by attorney Brian M. Wendler and Angie M. Zinzilieta of Wendler & Zinzilieta, P.C. in Maryville.
St. Clair County Circuit Court case number 2023-LA-0901