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NEWARK
– Attorney General Paula T. Dow and
the State Division of Consumer Affairs announced
that a Judge of the Superior Court, Chancery
Division, in Middlesex County, has ordered
a freeze of the assets and impounding of the
commercial vehicles of a New York chimney
repair company, charged by the Division of
Consumer Affairs with deceiving consumers
and performing shoddy work that created dangerous
conditions in consumers’ homes.
The
Division of Consumer Affairs filed the eight-count
civil lawsuit on September 28, 2011, against
All Care Chimney Corporation, of Levittown
and Bethpage, New York, and against Michael
Lyon, its sole owner.
The
State’s Complaint alleges the defendants
used high-pressure, deceptive tactics to
frighten and mislead consumers – including
several who were elderly or had disabilities
– into paying thousands of dollars
for repair services they did not need. The
Complaint also accuses the defendants of
performing shoddy work that created the
danger of carbon monoxide leaks in consumers’
homes. In some instances, the company allegedly
failed to perform the contracted-for work
at all.
“We
are very pleased to be putting All Care
Chimney out of business and ensuring that
no more consumers are harmed pending the
disposition of our lawsuit,” Thomas
R. Calcagni, Director of the Division of
Consumer Affairs, said. “To the out-of-state
operators who refuse to abide by New Jersey’s
consumer protection laws and continue to
compromise the safety of our state’s
consumers, the lesson is very clear –
we will shut you down.”
Superior
Court Judge Glenn Berman last Thursday signed
an Order granting preliminary injunctive
and other relief in the State’s lawsuit
against All Care and Lyons.
The
Order enjoins the defendants from advertising
or selling home improvement contractor services
in New Jersey, and requires them to identify
the New Jersey consumers to whom they have
offered or performed home improvement contractor
services since October 3, 2011.
By
the Order, Judge Berman also appointed a
receiver, at the defendants’ expense,
to assume control over the defendants’
assets, and to sell or convey such assets
in order to provide restitution for aggrieved
New Jersey consumers.
The
Order also freezes the defendants’
assets, and empowers the Division of Consumer
Affairs to impound and take possession of
all commercial and other vehicles used by
the defendants in performing home improvement
work. The vehicles are to be turned over
within seven days.
The
Division of Consumer Affairs’ press
release, describing the lawsuit against
All Care Chimney and Lyon, can be found
at www.njconsumeraffairs.com/press/10032011.htm.
Consumers
who believe they have been cheated or scammed
by a business, or suspect any other form
of consumer abuse, can file a complaint
with the State Division of Consumer Affairs
by visiting its website, www.NJConsumerAffairs.gov,
or by calling 1-800-242-5846
(toll free within New Jersey) or 973-504-6200.
Follow
the Division of Consumer Affairs on Facebook
at www.facebook.com/pages/NJ-Division-of-Consumer-Affairs/112957465445651,
and check our online calendar of upcoming
Consumer Outreach events at www.NJConsumerAffairs.gov/outreach/.
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