Peter C. Harvey, Attorney General

Division of Consumer Affairs
Reni Erdos, Director

For Immediate Release:
June 4, 2004

For Further Information Contact:
Genene Morris, Jeff Lamm
973-504-6327

NEWARK – New Jersey has filed suit against an Essex County furniture store alleging it engaged in deceptive and fraudulent business practices by delivering defective merchandise to consumers, failing to deliver furniture as promised and denying consumers the right to obtain refunds, Attorney General Peter C. Harvey and Consumer Affairs Director Reni Erdos announced today.

The suit, filed in Essex County Superior Court, alleges that Pitusa Furniture and Bedding of 38 Broadway, Newark, violated New Jersey's Consumer Fraud Act and regulations governing the delivery of household furniture and furnishings while engaged in the retail sale of furniture, including bedroom, living room and dining room sets. Pitusa Furniture and Bedding does business as Pitusa Furniture, Inc., Pitusa Furniture, Pitusa Warehouse Center and Pitusa.

"The laws governing the sale and delivery of furniture are clear," Attorney General Harvey said. "Furniture retailers must establish in writing a delivery date and deliver the furniture on the date promised. If the merchant can't meet the delivery date, he or she must offer the consumer an opportunity to obtain a refund. We will not tolerate companies that fail to follow state laws."

"Furniture-related problems represent the fifth highest area of complaints received at Consumer Affairs," Director Erdos said. "People spend a lot of money to furnish their homes, and when they're defrauded, they turn to Consumer Affairs. We have an obligation to complainants to work to ensure that merchants who fail to comply with the consumer protection statutes are held accountable. That's what we're attempting to do in this case."

The State's five-count complaint alleges that Pitusa Furniture and Bedding violated the State's Consumer Fraud Act by, among other things:

∙ failing to notify consumers that their merchandise would not be delivered on the promised delivery date;
∙ delivering defective or damaged merchandise to consumers;
∙ delivering merchandise that was different from what the consumers ordered; and
∙ exchanging defective or damaged merchandise with other defective or damaged merchandise.

The State's complaint also alleges that Pitusa Furniture and Bedding violated the State's Merchandise Advertising Regulations by advertising merchandise for sale at a price above $100 without stating the former price or price range of the merchandise.

The State seeks to have the company pay restitution to affected consumers as well as costs and civil penalties.

Deputy Attorney General Nicholas B. Armstrong of the Division of Law is handling this case for the State. The State's investigation was carried out in cooperation with Essex County and Union County Consumer Affairs offices.

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