Ashley Furniture Class Action Alleges Contracts Failed to List Delivery Dates

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Several New Jersey Ashley Furniture HomeStore locations are accused of failing to list promised delivery dates on the sales documents, even after the owner of the stores agreed to do so under a settlement of similar claims.

Plaintiff Daniel Wolf alleges he purchased a bedroom set from an Ashley Furniture store in North Brunswick, N.J., on Feb. 20, 2017.

He told the salesman that he needed the furniture by March 1, 2017 for his new apartment, and was told that this delivery date would not be an issue, the Ashley Furniture class action lawsuit says.

However, the sales contract noted that the furniture delivery date was “TO BE SCHEDULED ASAP.” Several days later, Wolf was given a promised delivery date that was more than two weeks later than the delivery date he requested, according to the Ashley Furniture class action lawsuit. He was allegedly told that he could not get an earlier delivery date.

“Plaintiff paid rent and utilities for the first 15 days of March 2017, but was unable to live in his new apartment as a direct result of the furniture not being delivered until March 16, 2017,” the Ashley Furniture HomeStore class action lawsuit states.

When the furniture was delivered, the Ashley Furniture representative allegedly required Wolf to enter his signature into a small electronic device. Wolf says he was told that his signature was needed to acknowledge the furniture was delivered, but he was not given the opportunity to read what he was signing.

According to the Ashley Furniture class action lawsuit, the sales document Wolf was provided by Ashley Furniture did not comply with the furniture delivery regulations related to notice of the promised delivery date. The defendants had previously agreed to abide by these regulations under the terms of a class action settlement that received final approval in January 2014.

Wolf accuses the Ashley Furniture HomeStore defendants of violating the New Jersey Consumer Fraud Act; the Truth-in-Consumer Contract, Warranty and Notice Act; and Delivery of Household Furniture and Furnishings regulations.

According to the Ashley Furniture HomeStore class action lawsuit, the Furniture Delivery Regulations require sales documents to show the date of the order and the promised date of delivery. The date of delivery must be filled in by the seller at the time the sales contract is entered into, and it may be a specific day or as a length of time that is agreed upon by the buyer and seller.

Wolf seeks to represent a Class of New Jersey consumers who purchased furniture from any of the six Ashley Furniture HomeStore locations in New Jersey and who were promised a future delivery to a residential address within the last six years, and where the defendants used a sales document that did not comply with the Furniture Delivery Regulations because they failed to indicate the specific date or mutually-agreed upon length of time for delivery.

Wolf is represented by Christopher J. McGinn of The Law Office of Christopher J. McGinn and Matthew S. Oorbeek of The Wolf Law Firm LLC.

The Ashley Furniture HomeStore Class Action Lawsuit is Daniel Wolf v. South Brunswick Furniture Inc., d/b/a Ashley Furniture HomeStore, et al., Case No. MID-L-003085-17, in the Superior Court of New Jersey, Middlesex County.