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NEWARK -Superior Court Judge Michael J. Kassel has granted injunctive relief and other relief to the Office of the Attorney General and the Division of Consumer Affairs in a suit filed against Future Rest, a Pennsauken-based furniture retailer.
Under the order, which was filed against 1525 Route 73 Corp., the furniture store’s corporate name, the defendant is preliminarily restrained from: (1) disposing of any assets, including consumer deposits; (2) disposing of books and records; and (3) failing to maintain books and records. The order also provides for the appointment of a receiver as well as an asset freeze.
Last month, the state filed suit against the defendant, alleging violations of the Consumer Fraud Act by engaging in unconscionable commercial practices, misrepresentations and knowing omissions of material fact, as well as violations of the regulations governing general advertising and the delivery of household furniture.
At varying times, the following furniture retail locations also used the “Future Rest” logo: Quaker Bridge Mall, Lawrenceville; 1800 Clement's Bridge Road, Deptford; 41 Naamans Road, Claymont, Delaware; 4524 Kirkwood Highway, Wilmington, Delaware; and 118 Neshaminy Mall, Bensalem, Pennsylvania.
The state’s four-count complaint alleges that the defendant:
- Accepted payment for merchandise and then failed to deliver the ordered merchandise;
- Failed to offer and/or provide consumers with refunds for merchandise delivered on the contracted-for delivery date;
- Refused to provide refunds upon non-delivery, then requiring consumers to commence court proceedings to obtain the refund;
- Refused to provide refunds following attempted delivery of damaged, defective and/or otherwise non-conforming merchandise;
- Upon non-delivery of merchandise, offered consumers lesser priced merchandise and then failed to provide consumers with a refund for the price differential;
- Used a contract or sales document that states "All Sales Are Final -No Refunds" or "All Sales Final";
- Misrepresented to consumers the expected delivery date of merchandise;
- Misrepresented to consumers that a refund or credit card charge back will be forthcoming, when such was not the case;
- Failed to provide consumers with written notice of a delay in delivery and the opportunity to receive a refund;
- In advertisements for merchandise at a sale price of $100.00 or more, among other things, failed to set forth the former price, price range or reduction in dollars.
An initial violation of the Consumer Fraud Act as well as the regulations carries a civil penalty of up to $10,000 for the initial violation and up to $20,000 for each subsequent violation.
Deputy Attorney General Jah-Juin Ho is representing the state in this action.
Consumers may contact Consumer Affairs to file complaints by calling 1-800-242-5846 (within New Jersey) of 973-504-6200. Complaint forms are also available on the Consumer Affairs’ website, www.njconsumeraffairs.gov.
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