"New" Mattress Not New? Violation of the NJ Consumer Fraud Act and Treble Damages
A young family of six purchased a twin mattress for one of their young children. The mattress was sold to them as being new. After they noticed insect bites on two of their children, the young couple realized they were dealing with bedbugs. They had no reason to suspect the new mattress was the source of bedbugs, so instead, the couple replaced other mattresses, bedding, pillows, and other soft furnishings in their house in addition to treating their house for bedbugs multiple times. After all of their attempts failed to rid the house of bedbugs, someone informed the couple that the problem may be with the new mattress. As a result, the couple cut open the mattress and to their absolute shock and horror they found a dirty, old mattress inside of their alleged new mattress. After they failed to obtain their actual damages back from the store directly, they came to my office seeking legal advice.
I brought a lawsuit under the New Jersey Consumer Fraud Act (CFA) which protects consumers from fraudulent, deceptive, or dishonest practices in relation to the sales of goods or services. The CFA prohibits almost all deceptive sale practices. When consumers are able to prove that the business or merchant violated the Act, the court must award the consumer three times the damages incurred as well as pay the consumer’s attorney fees and costs. In the complaint I filed, I alleged that the store violated the CFA by informing my clients that they were purchasing a new mattress when in fact, the mattress was refurbished.
After vigorously fighting for my clients for one year, I was able to settle the case for three times my clients’ damages, plus attorney fees and costs.
As an attorney, I love vindicating consumers who have been wronged by businesses, merchants, and manufacturers. It gives me a sense of satisfaction that I am able to obtain money damages for my clients and help make the marketplace safer for future consumers.
If you feel you have been the victim of deceptive business practices, contact Rivers Law Firm LLC and schedule a free 30 minute consultation.
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