| NEWARK
– The Attorney General’s Office
and Division of Consumer Affairs have filed
suit against Comfort Direct, Inc. and its
president, Kevin Dyevich, for allegedly
violating the state’s Consumer Fraud
Act and regulations in its Internet advertisement
and sale of the “Self-Adjusting Technology”
mattress (“SAT Mattress”) and
other bedding products.
The New Brunswick-based company allegedly
used unauthorized and/or fabricated testimonials
from hospitals and individuals on its Web
site. It also allegedly discouraged returns
and refunds by making unreasonable and costly
demands regarding how consumers must ship
merchandise back to Comfort Direct.
“We
allege that Comfort Direct made false and
unauthorized claims that its product was
used and endorsed by prominent medical institutions,
doctors and other individuals,” said
Attorney General Zulima V. Farber. “It’s
illegal to deceive consumers with fabricated
testimonials.”
Comfort Direct used unauthorized and/or
fabricated testimonials and endorsements
from hospitals, rehabilitation facilities
and government agencies, including the following
based in New Jersey:
- Bayonne
Medical Center, Bayonne;
-
Health South Rehabilitation Hospital,
Toms River;
-
Kessler Institute for Rehabilitation,
Chester;
-
Saint Clare’s Hospital, Dover;
and
-
N.J. Dept. Of Human Services, Division
of Disability Services.
Comfort Direct allegedly ignored demands
to remove testimonials and endorsements
when contacted by the individual or institution
involved.
The company, which sells the SAT Mattress
and other mattresses and bedding products,
offered consumers a “90-Day Trial”
of its mattresses. If consumers wished to
return the mattresses, however, Comfort
Direct required returns to be shipped in
the original delivery boxes and at the consumer’s
expense.
The
company allegedly required consumers who
did not have the original boxes to buy boxes
from Comfort Direct at inflated prices and
to pay for shipment of the empty boxes to
the consumer.
Comfort Direct also required consumers to
obtain a “Return Authorization Number”
in order to return mattresses for a refund,
which the company made extremely difficult
to obtain. The company also persuaded consumers
to accept alternative or replacement parts
and “fixes” to unsatisfactory
merchandise, during which time the 90-Day
Trial period expired.
“Consumers
who thought these mattresses would help
relieve back and neck pain encountered another
type of pain when they wanted to return
the mattresses and get refunds,” Consumer
Affairs Director Kimberly Ricketts said.
“We allege Comfort Direct made the
return process so inconvenient and costly
that its actions discouraged consumers from
returning merchandise and obtaining refunds.”
Consumer Affairs has received 33 consumer
complaints against Comfort Direct from mid-2002
to date. The state’s five-count Complaint,
filed in Superior Court in New Brunswick,
seeks restitution for these consumers, the
assessment of civil penalties, reimbursement
of the state’s investigative and legal
costs and future compliance with all applicable
state regulations.
Deputy Attorney General Cathleen O’Donnell
is representing the state in this matter.
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