NEWARK
– Anthony & Sylvan Pools, an Ohio-based
pool construction company, has agreed to
pay $180,000 and to change its business
practices under a settlement resulting from
an investigation by the Division of Consumer
Affairs, Attorney General Paula T. Dow and
Acting Director Sharon Joyce announced.
Anthony
& Sylvan agreed to ensure that all subcontractors
used by the company in the performance of
any home improvement be registered with
the Division as required by the Contractors’
Registration Act and Contractor Registration
Regulations.
Anthony
& Sylvan Pools also agreed to refer
all consumer complaints filed with the Division
during the next year to binding arbitration,
if the company cannot resolve the matter
with the consumer, according to terms of
the Consent Order. Approximately 40 consumer
complaints filed with the Division against
the company have been resolved.
“Our
law protecting consumers who hire contractors
is clear, those who perform home improvement
projects must be registered with the state,”
Attorney General Dow said. “The contractor
hired by a consumer must ensure that any
subcontractors who will work on the project
are registered.”
As
part of the settlement, Anthony & Sylvan
also agreed to:
-
Not require consumers to make final payment
on a home improvement contract before
the home improvement is completed;
-
Continue to include in its home improvement
contracts all applicable warranties and/or
guarantees;
-
Continue to train all company representatives
so that all representations made as to
products and materials to be used in any
home improvement are accurate;
-
Include in its home improvement contracts
the dates or time period on or within
which the work is to begin and be completed;
and
-
Provide consumers with timely written
notice of any reasons beyond its control
for any delay in performance of a home
improvement contract.
In
entering into this settlement, Anthony &
Sylvan Pools did not admit any liability
under the Consumer Fraud Act, the Contractors’
Registration Act and related regulations.
The
Division received 56 consumer complaints
about pool contractors in 2008 and 30 consumer
complaints in 2009.
“As
spring nears, consumers are beginning to
plan home improvements projects. The Division
is a resource that consumers can use to
verify whether a contractor is registered
and if any actions have been taken against
the contractor,” said Acting Director
Joyce.
Deputy
Attorney General Frank J. Marasco of the
Consumer Fraud Prosecution Section represented
the Division in this matter.
Consumers
can find information about home improvement
contractors online at www.nj.gov/oag/ca/HIC
. They also may call the Division’s
License Verification Line at 973-273-8090.
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