N.Y. seeks penalties against Jennifer
By Clint Engel -- Furniture Today, April 12, 2004
WOODBURY, N.Y. — New York State Attorney General Eliot Spitzer filed a motion last week seeking to declare retailer Jennifer Convertibles in contempt for "willful and flagrant" violations of a 1998 order barring it from deceptive business practices.
In the filing with the New York Supreme Court, Spitzer's office said it has received 164 complaints since Jan. 1, 2000, against the Top 100 retailer.
The motion alleges the company "is engaging in deceptive, fraudulent and illegal business acts and practices" that violate the 1998 order and judgment, which included a $70,000 civil penalty and refunds to customers.
Jennifer accepted the earlier judgment, reached after the AG's office reported 780 complaints received since 1975 from consumers upset over damaged furniture, the retailer's failure to provide refunds and to honor warranties and delivery promises, and other problems.
The motion asks the court to fine Jennifer $5,000 for each day of the alleged deceptive acts, and to impose civil penalties and fines of an undisclosed amount to repay injured consumers.
In a prepared statement, Jennifer noted it has 217 stores delivering to more than 3,000 customers per week.
"While any level of customer dissatisfaction is troublesome to us, we should note that 150 complaints represents less than one-tenth of 1% of delivered sales in New York, and even less of a percentage nationally," the statement said.
Jennifer said it was "extremely surprised by the allegations in the complaint" and had begun investigating them. "Jennifer Convertibles intends to meet with the attorney general's Nassau County, Long Island, regional office to better understand and address these issues in a non-adversarial manner," it said.
Brad Maione, spokesman for the AG's office, called 164 complaints "a significant number," and said the same issues came up repeatedly.
The motion highlights 15 of the complaints, including one from Jocelyn Cruz, who in 2000 said her floor-sample sofa-sleeper arrived broken beyond repair. She refused delivery and was told all canceled orders were subject to a 30% finance charge.
In 2002, Moe Rosenblum described problems that began with delivery of a room group. He was promised delivery on a Friday and received a call asking him to allow a five-hour window, according to the complaint.
He took the day off from work, but the furniture never came. A Jennifer employee apologized and promised a Sunday delivery, but again the furniture didn't arrive.
Rosenblum finally got his furniture on the third try, but after the five-hour window. It arrived with a rip in the seam of the loveseat, and the seam tore again thee days after it was repaired, the complaint said.
Maione said the state expects a court ruling on the motion later this month.
