NEWARK
- The Office of the Attorney General through
its Division of Consumer Affairs has filed
suit against two air duct clearing services
based in Bloomfield, alleging the companies
were not registered to perform home improvement
work and used ‘bait-and-switch’
tactics against consumers, among other violations.
The
defendants, United Air Care, Inc. and Indoor
Air Care, L.L.C., advertised “Whole
House Duct Cleaning” for $39.95 to $69.95,
but then induced consumers to purchase more
expensive services. The ads touted the health
benefits of clean air ducts to consumers.
Defendants advertised and performed home heating
and air conditioning installation and servicing,
which are home improvements, without being
registered as home improvement contractors
with the Division
The two companies shared common addresses
in Bloomfield, at 85D Brookdale Gardens, 53
Main Terrace and 90 Broughton Avenue. It appears
that United Air Care has ceased operations
and that Indoor Air Care is employing the
same persons and using the vans and telephone
numbers previously associated with United
Air Care.
The
state’s eight-count Complaint, filed
in State Superior Court in Essex County, alleges
that the defendants violated the state’s
Consumer Fraud Act, the Contractor Registration
Act, the Contractor Registration Regulations,
the Home Improvement Practices Regulations
and the Advertising Regulations by:
-
Offering for sale specific air duct cleaning
services, where the purpose of effect of
the offer is not to sell those services,
but to bait or entice the buyer into the
purchase of other or higher priced services;
-
Failing to register with the Division as
a home improvement contractor and then advertising
and/or performing home improvement work;
- Providing
through direct mailings, coupons offering
air duct cleaning services at a specified
price, and then failing to provide such
services at that price;
-
Causing damage to a consumer’s home
while performing air duct cleaning services
and then failing to fix, clean or compensate
for the damage;
- Misrepresenting
that a consumer will receive a refund or
reimbursement;
- Failing
to include in home improvement contracts
cancellation language, the total price and/or
the date or time period within which work
is to be commenced and/or completed;
- Requiring
that consumers sign estimates and then failing
to provide consumers with a full and accurate
copy of the document; and
- Advertising
“Whole House Duct Cleaning”
for a specified price (i.e. $37.95, $49.95),
then failing to perform the services for
that price.
“I
cannot overstate the importance of verifying
that a contractor is registered before signing
a contract for any home improvement work,”
said David Szuchman, Consumer Affairs Director.
“Our contractor registration law is
designed to protect consumers and also bona
fide home improvement firms.”
To
date, the Division has received 61 consumer
complaints as to the defendants. The state’s
lawsuit seeks to enjoin defendants from performing
home improvement work unless and until registered
with the Division, consumer restitution, reimbursement
of the state’s attorneys’ fees
and investigative costs and maximum civil
penalties.
Consumers
may file complaints with the Division online
at www.nj.gov/oag/ca/ocp/ocpform.htm
or by calling 1-800-242-5846
(toll free within N.J.) or 973-504-6200.
Deputy
Attorney General Nicholas Kant of the Consumer
Fraud Prosecution Section is representing
the state in this action.
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