NEWARK
– Attorney General Paula T. Dow and
the State Division of Consumer Affairs have
filed suit against two companies offering
modeling and talent services and their owner,
alleging, among other things, that they
engaged in deceptive practices in order
to entice consumers to enter into written
agreements to pay for services that would
purportedly assist their children in obtaining
modeling and acting careers.
More
than 200 consumer complaints have been submitted
to the Division against Industry Model and
Talent Studios, LLC (“IMTS”),
or its successor corporation, Interface
1, LLC. IMTS, formerly located in Edgewater,
was owned by Roman Vintfeld. Interface 1,
located in East Brunswick, also is owned
by Vintfeld.
The
State’s four-count complaint, filed
in the Superior Court in Middlesex County,
names the two companies and Vintfeld as
defendants. The State alleges that the defendants
violated the Consumer Fraud Act through
unconscionable commercial practices; false
promises and/or misrepresentations and/or
knowing omissions of material fact; as well
as failing to provide copies of sales contracts
to consumers.
“We
allege that consumers were led to believe
they would receive personalized assistance
to market their children to prospective
modeling or acting employers, but they ultimately
ended up paying for expensive photoshoots
and nothing more,” Attorney General
Dow said.
The
state is seeking restitution for consumers,
which at present totals approximately $170,000,
as well as civil penalties against the defendants
and reimbursement of its attorneys’
fees and investigative costs.
The
State’s complaint alleges that the
defendants approached parents with children
at malls and theme parks, commented on how
attractive the children looked, and obtained
contact information from the parents. The
State further alleges that defendants then
induced the parents to come to their offices
for a free evaluation, at which time defendants
pressured the parents to sign contracts
that they were told included marketing services,
but in reality only provided for a photoshoot.
The
State’s complaint further alleges
that the contracts defendants required consumers
to sign contained clauses that prevented
cancellations or refunds for scheduled photoshoots,
and also waived the consumers’ right
to a jury trial and to assert any defense,
set-off, or counterclaim in any action.
“These
defendants did far more than just fail to
deliver on their high-priced promises,”
said Thomas R. Calcagni, Director of the
State Division of Consumer Affairs.
“As set forth in the Complaint, they
canvassed malls and other places in search
of targets to defraud, and by using flattery
and the age-old allure of getting children
into show business, they deceived consumers
into spending thousands of dollars for nothing
more than headshots.”
The alleged violations committed by the
defendants include:
-
Misleading consumers into believing they
were a model or talent agency;
-
Misleading consumers into believing they
could place someone in the modeling or
entertainment industries;
-
Misleading consumers by using the name
“Industry Model and Talent Studios,
LLC,” when in fact they were only
in the business of doing photoshoots;
-
Misrepresenting to consumers at the time
of initial contact that there were no
fees involved with any initial meeting
or evaluation;
-
Making oral misrepresentations that differed
from the actual terms of the Photoshoot
Agreement and the online Composite Card
Membership Agreement;
-
Requiring consumers to execute written
contracts or agreements without providing
them sufficient opportunity to read and
understand the terms; and
- Deceiving
consumers by telling them to sign the
Photoshoot Agreement, to read it after
they arrived home, and to call back with
any questions when, by terms of the Agreement,
it could not be cancelled and refunds
would not be given;
An
initial violation of the Consumer Fraud
Act may result in a civil penalty of up
to $10,000, with each subsequent violation
subject to a civil penalty of up to $20,000.
Deputy
Attorney General Frank J. Marasco in the
Consumer Fraud Prosecution Section is representing
the State in this action. Investigators
in the Office of Consumer Protection conducted
the investigation.
To
file a complaint with the Division of Consumer
Affairs, consumers should use the form located
at www.njconsumeraffairs.gov
or call 1-800-242-5846
(toll-free within N.J.) or 973-504-6200.
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