Business

Aaron's franchisee learned of tracking software at managers meeting

By Arielle Kass
June 8, 2011

An Aaron's franchisee in Wyoming said it has been using tracking software on customers' computers since 2007, and that it learned about the product at a meeting of Aaron's managers.

The franchisee, Aspen Way Enterprises, has been sued by a Wyoming couple who claimed the computer they rented had software that allowed the store to take webcam images.

In a request to dismiss the suit, Aspen Way said it had not asked software maker Designerware to add a so-called detective feature to the PC Rental Agent that Aspen Way uses to track a computer's GPS coordinates if a user defaults on a lease or a computer is believed to be lost or stolen.

Aspen Way did not pay additional money for the feature, the Monday filing said, but the company had to log on to Designerware's website and select the feature for it to be activated.

In the filing, Aspen Way executives said they and representatives of other Aaron's franchises learned about the software from an Aaron's executive at a Texas meeting in 2007. Aspen Way licensed the software shortly thereafter.

Aaron's President and CEO Robin Loudermilk said he does not know how many franchisees might use the software. He noted that having it installed is not illegal, but said that corporate-owned stores do not use it.

"We respect our customers' privacy," he said.

In a transcript of a May 25 hearing in the case, Christopher V. Tisi, an attorney for Crystal and Bryan Byrd of Casper, Wyo., said government agencies would have needed a warrant to tap into a computer the same way.

An attorney for Aspen Way did not return phone calls seeking comment. Aspen Way requested the suit be dismissed because it said the U.S. District Court in Erie, Pa., where it was filed, did not have jurisdiction in the case. Designerware, also a defendant in the suit, is based in Erie.

About the Author

Arielle Kass covers Gwinnett County for The Atlanta Journal-Constitution. She started at the paper in 2010, and has covered business and local government beats around metro Atlanta. Arielle is a graduate of Emory University.

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