New Jersey Consumer Lawyer Blog
The New Jersey Consumer Fraud Act prohibits virtually all businesses operating in New Jersey from engaging in deception, fraud, misrepresentation or unconscionable business practices with their customers. The legislature created further regulations for certain kinds of businesses and transactions. One set of regulations covers the delivery of household furniture and furnishings. In addition to furniture delivery, the regulations cover the delivery of major appliances, carpets, drapes, and so on. (N.J.A.C. 13:45A-5.1, et seq.)
When you order furniture or furnishings to be delivered at a later date, the store will give you a sales document which may be called, a “Contract,” “Invoice,” “Merchandise Order” or something similar. This sales document must show the date of the order and must contain this sentence in bold type: “The merchandise you have ordered is promised for delivery to you on or before ______.” The store must fill in the blank with an exact date or specific length of time, such as “six weeks from date of order.” If the store specifies a time range instead, such as “8-12 weeks,” then it may have violated the Consumer Fraud Act.
The sales document must also inform you of your cancellation rights. The sales document must contain the following sentence on the first page in bold type: “If the merchandise ordered by you is not delivered by the promised delivery date, (the name of the store) must offer you the choice of (1) canceling your order with a prompt, full refund of any payments you have made, or (2) accepting delivery at a specific later date.” Without this wording on the first page, the store may have violated the Consumer Fraud Act.