LUBBOCK, Texas — A family from Van Horn, Texas, sued Ashley Furniture HomeStore for fraud and said the company did not deliver furniture they bought, and when the furniture was later picked up from a warehouse, there were several damaged or missing items.
Ashley Furniture denied the claims and said the family’s claims were not valid for several legal reasons.
The family’s lawsuit said they bought several items from Ashley Furniture in April 2021 and were told the furniture could not be picked up and would be delivered two to six weeks after purchase.
According to the lawsuit, the family waited for the furniture to be delivered for weeks, and when they called Ashley Furniture to ask about the status of their order, they “were continually put on hold or hung up on.”
The lawsuit said the family lived in a house without furniture while waiting for their delivery until May 2021, when Ashley Furniture made some of the items available for pickup from a warehouse in Midland, which was 370 miles round-trip from where they lived in Van Horn.
The family claimed in the lawsuit that they noticed the furniture was damaged or poorly manufactured while they were unpacking it.
The family said Ashley Furniture “made a representation” to them, knowing that representation was false and hoping the family would act on it and buy its furniture.
On the other side, Ashley Furniture claimed a number of legal doctrines bar the family’s claim from being valid in court. Namely, it claimed the family is not owed damages because what the family said happened was one done “knowingly.”
Additionally, Ashley Furniture said the lawsuit was brought in bad faith to harass the company or for another “improper purpose.”
The lawsuit was originally filed in Texas’ 72nd Judicial District based in Lubbock. However, on Monday, Ashley Furniture asked for the lawsuit to be transferred to federal court because it is a corporation based in several states.