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NEWARK
- The Office of the Attorney General through
its Division of Consumer Affairs has filed
suit against the Brake-O-Rama auto repair
chain, alleging that the company’s repair
shops charged consumers for work that was
not performed, among other violations.
Yesterday,
Superior Court Judge John F. Malone, presiding
in Elizabeth, granted the state’s request
for temporary restraints on Brake-O-Rama.
Brake-O-Rama,
a Lodi-based company that operates 13 retail
locations in New Jersey, also allegedly advertised
and sold motor vehicle inspection services
when its stores were not licensed by the state
Motor Vehicle Commission to perform inspections.
“Brake-O-Rama
broke the public’s trust by deceiving
consumers about repairs that were paid for
but never performed, “ Attorney General
Anne Milgram said. “Our investigators
found that the company did not even have the
equipment to perform some of these services.”
The
state’s five-count complaint, filed
in State Superior Court in Union County, alleges
that the Brake-O-Rama violated the state’s
Consumer Fraud Act (CFA) by:
-
Charging consumers for automotive repairs
not performed;
- Performing
faulty repairs, thus endangering the safety
of consumers;
- Misrepresenting
to consumers that certain Brake O Rama shops
could perform wheel alignments even when
they lacked the necessary equipment;
- Misrepresenting
to consumers that certain Brake O Rama shops
could perform coolant flushes, power steering
flushes, or transmission flushes even when
they lacked the necessary equipment;
- Misrepresenting
to consumers the work that was done on their
vehicles;
- Failing
to disclose to consumers that Brake O Rama
shops did not have the necessary equipment
to perform certain repairs; and
- Failing
to disclose to consumers that they were
paying Brake O Rama to take their vehicles
to state facilities to be inspected because
Brake O Rama shops were not licensed to
perform such inspections.
The
state alleges that Brake-O-Rama also violated
the Automotive Repair Regulations and the
Advertising Regulations by:
-
Failing to provide consumers with signed
copies of estimates and/or invoices;
- Failing
to conspicuously post the required notice
of consumer rights;
- Inducing
consumers to authorize additional repairs
by promising to perform repairs that they
did not have the equipment to complete;
and
- Misrepresenting
on the Brake-O-Rama web site and elsewhere,
that Brake-O-Rama stores could perform certain
automotive repairs.
The
state is seeking restitution for affected
customers of Brake-O-Rama, future compliance
with all applicable laws and regulations,
civil penalties and reimbursement of its investigative
and legal costs.
“Consumers
struggling with their budgets in these tough
economic times turn to repair shops to keep
their vehicles on the road. Rather than help
consumers get more miles out of their cars
and trucks, Brake-O-Rama essentially robbed
consumers by making them pay for services
not provided,” said David Szuchman,
Consumer Affairs Director.
State
investigators in June, July and August inspected
the company’s 13 shops, which are located
at:
-
460 Brick Blvd. Brick, New Jersey 08723
- 240
Paterson Plank Road Carlstadt, New Jersey
07072
- 450
N. Broad Street Elizabeth, New Jersey 07207
- 1223
Ringwood Avenue Haskell, New Jersey 07420
- 1693
Route 37 East Island Heights, New Jersey
08732
- 2374
Kennedy Blvd. Jersey City, New Jersey 07304
- 495
St. George Ave. Linden, New Jersey 07203
- Route
46 and West Lodi, New Jersey 07644
- 234
Scotland Rd. Orange, New Jersey 07050
- 475
Smith Street Perth Amboy, New Jersey 08862
- 260
Franklin Avenue Ridgewood, New Jersey 07450
- 307
S. Whitehorse Pike Stratford, New Jersey
08084
- 6100
Kennedy Blvd. West New York, New Jersey
07093
The
temporary restraints ordered by Judge Malone,
which Brake-O-Rama did not object
to, prevent the company from:
-
Engaging in any acts or practices that violate
the Consumer Fraud Act, the Automotive Repair
Regulations and the Advertising Regulations;
- Engaging
in the advertisement and/or sale of automotive
repair services including wheel alignments,
transmission flushes, power steering flushes
and coolant flushes, which Brake-O-Rama
is unable to provide;
- Engaging
in the advertisement and/or sale of state
vehicle inspection services which Brake-O-Rama
is not licensed to provide;
- Destroying,
concealing, altering, transferring, disposing
of or removing in an manner any books or
records related to the advertisement and/or
sale of automotive repair services; and
- Failing
to make and/or keep any books or records
related to the advertisement and/or sale
of automotive repair services.
Consumers
can file complaints with the Division on its
Web site at www.nj.gov/oag/ca/ocp/ocpform.htm
or by calling 1-800-242-5846
(toll-free within N.J.) or 973-504-6200.
Deputy Attorney General Jeffrey Koziar of
the Consumer Fraud Prosecution Section is
representing the state in this action. Investigator
Michael Bruch led the investigation on behalf
of the Division.
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