FOR IMMEDIATE RELEASE:

December 13, 2001

FOR FURTHER INFORMATION CONTACT:

Ronald George, Beth Rosenberg

973-504-6327

NEWARK- New Jersey is suing Jennifer Convertibles, Inc., a Delaware corporation, amid more than 100 consumer complaints alleging the company sold defective merchandise, improperly billed consumers, falsely advertised "sales" and failed to deliver furniture when promised, State Attorney General John J. Farmer, Jr., and New Jersey Division of Consumer Affairs Director Mark S. Herr announced today.

The State's complaint, which also names Jennifer Convertibles and Jennifer Leather retail stores throughout New Jersey, was filed in Union County Superior Court. Specifically, the suit names as defendants, among others:

• Jennifer Convertibles, 285-291 Route 18, South, East Brunswick;
  
  
• Jennifer Convertibles, 4345 Highway 9, Freehold;
  
  
• Jennifer Convertibles, 2109 Highway 35, Suite 103, Holmdel;
  
  
• Jennifer Convertibles, Hudson Mall, Route 440, Jersey City;
  
  
• Jennifer Convertibles, 180 Mercer Mall, Route 1, Lawrenceville;
  
  
• Jennifer Convertibles, 1055 Nixon Drive, East Gate Square, Mt. Laurel;
  
  
• Jennifer Convertibles, 185 Route 17 South, Paramus;
  
  
• Jennifer Convertibles, 205 Route 46 West, Totowa;
  
  
• Jennifer Convertibles, 310 Highway 36, West Long Branch;
  
  
• Jennifer Convertibles-Leather, 31-21 Route 10, Denville;
  
  
• Jennifer Convertibles-Leather, 270 Consumer Square, Mays Landing;
  
  
• Jennifer Convertibles-Leather, 171 US Highway 1 South, Metuchen;
  
  
• Jennifer Convertibles-Leather, 255 Route 4, Paramus;
  
  
• Jennifer Convertibles-Leather, 688 Morris Turnpike, Short Hills;
  
  
• Jennifer Convertibles-Leather, 165-169 Rt. 37 East at Hooper Ave., Toms River;
  
  
• Jennifer Convertibles-Leather, 2550 Highway 22 East, Union;
  
  
• Jennifer Leather, 285 Highway 18 South, East Brunswick; and
  
  
• Jennifer Leather, 205 Route 46 West, Totowa.

Jennifer Convertibles and Jennifer Leather also advertise on an Internet Web site, www.jenniferfurniture.com., on behalf of all Jennifer Convertibles and Jennifer Leather stores located in New Jersey.

In its complaint, the State alleges Jennifer Convertibles violated the State's Consumer Fraud Act ("the Act") by selling new merchandise with substantial defects and in damaged condition. The State also alleges Jennifer Convertibles violated the Act's Merchandise Advertising regulations ("Advertising Regulations") when it, among other things, failed to disclose the former price range or the amount of reduction in sales advertisements.

"It is important that all businesses operate in a responsible and honest manner," Attorney General Farmer said. "When a business fails to abide by our laws, we have a responsibility to take action against the company to protect the interests - and wallets or pocketbooks - of consumers."

"These practices cannot and will not go unpunished," Herr said. "Selling damaged or defective merchandise and taking money and failing to deliver merchandise are all blatant violations of the Consumer Fraud Act."

The complaint alleges Jennifer Convertibles improperly billed consumers by failing to return deposits to consumers, charging consumers for merchandise on orders they had canceled prior to delivery and charging consumers for merchandise that was non-conforming and rejected upon delivery, and failing to respond to reports of damaged and/or defective merchandise.

For example, the complaint alleges, a consumer purchased a living room sofa from the defendants Route 440 location on July 3, 2000 that was delivered in damaged condition. Jennifer Convertibles twice attempted to repair the sofa without success.

Jennifer Convertibles refused the consumer's request to return the sofa and receive a refund and would only agree to exchange the sofa. The new sofa, however, was delivered in damaged condition. The consumer is waiting for a second exchange, more than one year after the initial purchase, the complaint alleges.

Another consumer allegedly purchased a sofabed from the Jennifer Convertibles at 2550 Highway 22 East in Union, which was delivered in the wrong color and unable to convert into a bed. The consumer called the store and met with the manager several times, but was told he would have to pay a fine and delivery fee to exchange or return the sofa bed.

In another instance, a consumer, who made a purchase at the Route 440 location on December 23, 1998, alleged she noticed in May 1999 that the wood in the back of the sofa she purchased was starting to split, causing seams to stretch and split and nails to come out of the wood. The consumer said it took nine months of repeated inquiries to Jennifer Convertibles and several unsuccessful attempts to repair the sofa before the defendants agreed to exchange the furniture.

The consumer was then charged $69.99 to deliver the replacement furniture, the complaint alleges.

An investigation by undercover Consumer Affairs' investigators also showed that items advertised as being on sale were not in the showroom as advertised.

For example, an investigator went into the Jennifer Convertibles showroom located at East 255 Route 4 in Paramus, and looked for a "designer sofabed" advertised as being on sale for $299.99. However, there were no sofabeds in the showroom with a listed price of $299.99 or marked as being on sale "as advertised." When the investigator talked to a salesperson and showed him the advertisement, the investigator was shown a sofabed with a much higher price than $299.99.

The same Consumer Affairs' investigator went to Jennifer Convertibles at 185 Route 17 South, Paramus, and again searched for the advertised $299.99 sofabed. The investigator found a sofabed listed at $299.99 and $399.99. When the investigator approached a salesperson, she was told that for $299.99 she could get a foam inlay, but if she wanted a real mattress it would cost $399.99.

The State's complaint also alleges Jennifer Convertibles:

• improperly denied consumers the opportunity to exchange or obtain a refund for merchandise purchases;
  
  
• misled consumers regarding exchanges and time periods to report damaged furniture;
  
  
• misled consumers regarding store refund policy;
  
  
• charged improper restocking or cancellation fees;
  
  
• failed to honor warranties and guarantees known as "the Jennifer WorryFree Guarantee" and the Protection Plans;
  
  
• advertised sales when merchandise was not, in fact, priced any less than non-sale items;
  
  
• failed to deliver all ordered merchandise by or on the promised delivery date; and
  
  
• failed to note the delivery date on sales documents.

The State's complaint seeks an order barring the defendants from breaking State consumer protection laws, as well as requiring them to pay civil monetary penalties of up to $7,500 for each violation of the Consumer Fraud Act.

Deputy Attorney General Victoria A. Manning of the Division of Law is handling this case for the State.