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NEWARK
– The Office of the Attorney General
and Division of Consumer Affairs have filed
suit against a North Jersey custom draperies
and blinds maker, alleging that customers
paid deposits for items that they either
did not receive or were not as ordered.
The
state’s six-count Complaint, filed
in State Superior Court in Newark, seeks
consumer restitution from defendant Mitchell
Poller, 55, who has conducted business under
many different names, including American
Draperies and Blinds, American Draperies
and Blind Company, Countrywide Draperies
and Blinds, Country Wide Draperies and Blinds,
Affordable Draperies and Blinds, Affordable
Drapery and Blind Company, and The Drapery
and Blind Company. Poller’s most recent
business was located on Main Street in Hackensack.
The
Complaint alleges that the defendant violated
the state’s Consumer Fraud Act, Home
Improvement Contractors’ Registration
Act and related regulations, as well as
the Furniture Delivery regulations. In addition
to consumer restitution, the state is seeking
civil penalties, compliance with the applicable
state laws and regulations, and reimbursement
of attorneys’ fees and investigative
costs.
“Consumers
paid thousands of dollars for merchandise
that was not as ordered and, in some cases,
never delivered. Home furnishings are high-cost
items, and we’re taking this action
to hold the defendant accountable for defrauding
consumers,” Attorney General Paula
T. Dow said.
In
addition to selling draperies, blinds, and
other home furnishings, Poller also offered
cleaning and repair of window treatments
and upholstered furniture. The state’s
Complaint alleges that some items taken
for cleaning were never returned to consumers,
nor were their deposits returned.
Some
consumers filed civil lawsuits against Poller,
which resulted in default judgments that
remain unpaid.
“Having
your property essentially hijacked when
you pay to have it cleaned is not acceptable.
We’re going to end what we allege
to be a pattern of lies, deceit, and fraud
perpetrated by Mr. Poller and through this
action, make him return consumers’
property and deposits,” said Thomas
R. Calcagni, Acting Director of the State
Division of Consumer Affairs.
The
state’s Complaint alleges that the
defendant engaged in unconscionable commercial
practices and made false promises and/or
misrepresentations. The defendant did not
use required consumer protection language
in customer contracts, failed to adhere
to furniture delivery requirements, and
did not register with the Division as a
Home Improvement Contractor.
Consumers
purchasing home improvements should first
make certain that the contractor is registered
with the Division before agreeing to any
work. Consumers can
check whether a contractor is registered
via a searchable database on the Division’s
website, located at www.njconsumeraffairs.gov/LVinfo.htm
.
Consumers
who wish to file a complaint in connection
with this action can contact the Division
of Consumer Affairs at 800-242-5846
(toll-free within N.J.) or 973-504-6200.
A complaint form is available online at
www.nj.gov/oag/ca/complaint/ocp.pdf.
Deputy
Attorney General Nicholas Kant of the Consumer
Fraud Prosecution Section is representing
the state in this action. Investigator Donna
Leslie in the Office of Consumer Protection
is conducting the investigation.
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