BY SHERRY CONOHAN
Staff Writer
CHRIS KELLY staff Linda and Ernest Branch sit in the empty living room of their new West Long Branch home. The couple put down a deposit for carpeting that was never installed by the Floor Superstore in Eatontown, which closed and is being sued by the state Attorney General’s Office and the Division of Consumer Affairs. EATONTOWN — Linda Branch not only fears the loss of the $1,700 down payment she put down on carpeting at the Floor Superstore on Route 35, but she has been denied the full enjoyment of her brand-new home in West Long Branch while waiting for the installation.
Branch is one of many customers of the six Floor Superstores in New Jersey left in limbo when the state Attorney General’s Office and the Division of Consumer Affairs filed suit against the company and its officers on Oct. 19, charging them with violating the state’s Consumer Fraud Act and the state’s Home Improvement Regulations.
The suit alleges customers have experienced problems with product quality, delivery and installation, and have had difficulty obtaining refunds and returns of deposits.
“We have heard from over 100 customers who allege these stores have treated them unfairly or did a poor job of installing their carpeting or flooring,” Attorney General Peter C. Harvey said in a prepared statement. “We have filed suit to stop the alleged illegal business practices and obtain restitution for these customers. Our goal is to ensure that New Jersey consumers get what they pay for.”
The other stores, besides Eatontown, are located in East Brunswick, Livingston, Paramus, Springfield and West Paterson.
Branch said the carpeting she had ordered for five rooms of her house was supposed to be installed Oct. 19. When no one showed up with the goods, she called the store but got no answer. She then called other branches of the Floor Superstores and got no answer from them, which made her suspicious.
Finally, the next day, she called the state Division of Consumer Affairs to ask what was going on. She said the person on the telephone was reluctant to tell her anything, but a woman’s voice in the background said to look in that day’s newspaper. She did and found a story on the lawsuit brought by the attorney general and Division of Consumer Affairs against the company.
“I think they took my money knowing that would happen,” she said of the store’s closing.
Branch went over to the Eatontown store in person to see for herself and found it locked up with a handwritten sign on the door saying, “Store closed due to electrical problems. Mgt.”
She was dubious — and rightfully so.
Wallace J. Englehart, the borough’s construction official, when asked earlier this week if it was true that there were “electrical problems” at the Floor Superstore, said he knew of none.
Branch said that her total bill for the carpet she ordered came to $4,100 and that the Floor Superstore told her its bank, Wells Fargo, had approved her for credit for the balance above her $1,700 down payment. Now, she said, she thinks that was a lie too.
“When they came out to measure, I said I wanted my money back,” she reported, but she didn’t get it. “Now I’m $1,700 out with no carpet.”
Branch said she had no idea how, or if, she would get her money back.
“I don’t know who to call,” she added.
Lamm said that anyone who had put down a deposit and not gotten delivery of carpeting or flooring, or was otherwise dissatisfied with the store’s service, should call the Consumer Affairs office at 1-800-242-5846 (within New Jersey) or at (973) 504-6200 to file a complaint.
Asked about the likelihood of their getting a refund, Lamm said, “I can’t predict. We’re going to work toward that. That’s our goal. We want restitution for the customers.”
Harvey and Consumer Affairs Director Reni Erdos said the division had received 112 consumer complaints from customers of the defendants in the lawsuit. She said these consumers alleged that they are owed approximately $125,000 in restitution.
“The carpeting or flooring these customer purchased either never came, finally came after customers repeatedly complained following no-show delivery appointments, or was installed incorrectly,” she said. “To make matters worse, this company allegedly turned a deaf ear to customers who properly demanded a return of their deposits.”
The state’s lawsuit, filed in Bergen County Superior Court, alleges numerous violations of New Jersey’s Consumer Fraud Act, including unconscionable commercial practices, false promises or misrepresentations, and knowing omissions of material fact. The state’s complaint also alleges violations of regulations governing the delivery of household furniture and furnishings, merchandise advertising and home improvement practices.
Among the violations charged are:
• Collecting deposits and attempting to enter into contracts before measurements were taken or the actual flooring price was determined;
• Refusing to refund deposits to consumers who decided they no longer wanted to purchase flooring after they were informed by Floor Superstore that the actual purchase price exceeded the original estimate;
• Failing to deliver flooring or show up for installation appointments on the scheduled time;
• Failing to provide customers with written notice that they could cancel their order and obtain a full refund when their carpeting was not delivered on the scheduled date;
• Incorrectly installing flooring that resulted in holes, rippling in newly installed flooring and/or large gaps between the flooring and wall, and,
• Refusing to schedule appointments or return telephone calls from consumers who, among other things, sought repairs of faulty or incomplete installations.
The suit says Floor Superstore of Eatontown, LLC, was incorporated on April 13, 2000. It is located at 269 Route 35 north, just a little south of Monmouth Mall. The registered agent for the store is Floor Superstore of Eatontown, LLC, with an address of 401 S. Van Brundt St., Englewood.
The suit says Floor Superstore in East Brunswick was incorporated as CW Floors, LLC, on May 6, 1999, and on June 14, 2000, changed its name to Floor Super Store East Brunswick, LLC It is located at 282 Route 18 north, East Brunswick. Its registered agent is Edward B. Stevenson, Esq., whose address is c/o Herrick, Feinstein LLP, 2 Penn Plaza, Newark.
Branch has moved into her new home but before doing so put her furniture into storage so that the carpeting could be laid without it in the way.
“I just had a funny feeling about this,” she said, when she ordered the carpeting.
“It’s very disappointing. And to be out $1,700. It’s just unbelievable that people could do that. That’s not easy to come by — $1,700.”