Peter C. Harvey, Attorney General

Division of Consumer Affairs
Reni Erdos, Director

For Immediate Release:
December 26, 2003

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

NEWARK - New Jersey is suing Rockaway Bedding, alleging the mattress retailer carried out unscrupulous business tactics by, among other things, engaging in fraudulent advertising practices and selling defective merchandise to consumers, Attorney General Peter C. Harvey and Consumer Affairs Director Reni Erdos said.

Rockaway Bedding, which operates 63 retail stores in New Jersey, also conducts business via telephone and over the Internet. The State's complaint also names as a defendant Try-A-Bed, Inc., which also operates as Rockaway Bedding. Both Rockaway Bedding and Try-A-Bed, Inc., maintain their principal place of business in Randolph. Rockaway Bedding and Try-A-Bed have advertised mattresses, box springs, bedframes, beds and other bedding supplies in television and radio commercials, newspapers and at Web sites: www.rockawaybedding.com and www.tryabed.com.

The State's five-count complaint, filed in Morris County Superior Court, alleges multiple violations of New Jersey's Consumer Fraud Act and regulations governing advertising and household furniture delivery. Specifically, the complaint alleges the defendants violated the State's consumer protection laws by, among other things:

• selling new merchandise with substantial defects or in damaged condition;
  
  
• delivering merchandise to consumers that was different from the merchandise they ordered;
  
  
• promising, then failing, to issue credits or refunds for returned merchandise;
  
  
• misleading consumers regarding their return and/or refund policy;
  
  
• failing to inform consumers at the time of purchase that they will be charged restocking or cancellation fees;
  
  
• failing to maintain a sufficient stock of merchandise to meet reasonably anticipated consumer demand during the duration of an advertised sale period;
  
  
• advertising merchandise that the defendants had no intention of actually selling to consumers, by, among other things, keeping few or no items in stock and/or strongly dissuading consumers from purchasing such items;
  
  
• advertising a low-priced bedding set in close proximity to a picture of a higher priced bedding set;
  
  
• delivering merchandise that was damaged, defective or otherwise non-conforming and then failing to offer to the consumer the option of canceling the order for a full refund or accepting delivery at a later date;
  
  
• refusing to issue a refund when requested by consumers after the defendants failed to deliver merchandise and/or attempted to charge an additional delivery or other fee to deliver the merchandise at a later date.
  
  
• advertising merchandise as on "sale" when, in fact, merchandise was not priced any less than its normal, everyday price.

"Consumer protection laws are in place for a reason and when merchants ignore these laws, it is our responsibility to see to it they are held accountable," Attorney General Harvey said.

"Through our actions, we are sending the message to would-be violators: We expect merchants to comply with State laws and regulations and to deal with consumers in a fair and honest manner," said First Assistant Attorney General Edward M. Neafsey.

The State's complaint also alleges Rockaway Bedding failed to comply with a consent order it entered into in 1991. The consent order was filed after Consumer Affairs alleged the company violated New Jersey's advertising regulations. Under the terms of the agreement, Rockaway acknowledged that it would be subject to enhanced penalties for future violations.

"Most consumers are inexperienced when it comes to buying mattresses and, as a result, rely heavily on the representations made by retailers," Director Erdos said. "When merchants engage in deceptive practices which are harmful to the public, they will be held accountable."

Deputy Attorney General Geoffrey R. Gersten of the Division of Law is handling this case for the State.