| NEWARK
- The Attorney General’s Office and
Division of Consumer Affairs have filed
suit against an Edison-based electronics
company for allegedly violating the state’s
Consumer Fraud Act and Advertising Regulations
in its advertisement and sale of cameras
and other electronic equipment.
The
lawsuit, filed in Middlesex County Superior
Court, alleges that Save Here Distribution,
Inc., engaged in unconscionable commercial
practices and made false promises and misrepresentations
to consumers. The company sells items through
various web sites and toll-free telephone
numbers. Sale items include cameras, televisions,
VCRs and gaming consoles, among other things.
“While
shopping online can be convenient, it is
important for consumers to remain cautious
and be informed about whom they are doing
business with,” said Attorney General
Stuart Rabner. “We expect all businesses
to conduct themselves in full accordance
with state law; anything less will not be
tolerated.”
The
state’s complaint alleges that Save
Here Distribution used bait and switch tactics,
failed to deliver merchandise and misled
consumers in the advertising and pricing
of items. The specific allegations include:
-
Failing to sell merchandise at the price
advertised on the company’s web
site;
-
Charging or attempting to separately charge
for accessories or equipment that the
Original Equipment Manufacturer included
with the merchandise (for example, camera
batteries and/or battery chargers);
-
Charging consumers inflated shipping and
handling fees;
-
Failing to provide any price reduction
for merchandise which appears to be on
sale or reduced;
-
Failing to inform consumers at the time
of purchase that some or all of the merchandise
is out of stock; and
-
Refusing to permit consumers to cancel
an order or merchandise upgrade prior
to shipment.
The
company allegedly used terms like “Price
Drop”, “List Price” and/or
“Our Price” on its web sites
without providing any price reductions for
the advertised merchandise.
"Consumers
should know that the Division carefully
monitors all aspects of the marketplace,
including online businesses," said
Acting Director Nolan. "By filing this
action, we hope that the defendant will
'get the picture' that this kind of conduct
is not acceptable in New Jersey."
Save
Here Distribution has advertised and/or
sold merchandise through the following web
sites: expresscameras.com, geniuscameras.com,
trustedcamera.com, trustedphoto.com, luckydigital8.com,
clearviewcamera.com, bluestripephoto.com
and hopecamera.com.
The
state is seeking restitution for affected
consumers, maximum civil penalties which
currently provide for up to $10,000 for
the initial violation of the Consumer Fraud
Act and up to $20,000 for each subsequent
violation, and reimbursement of the state’s
investigative costs and legal fees.
Deputy
Attorney General Geoffrey R. Gersten is
representing the state in this matter.
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