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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.
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41 thoughts onAshley Furniture Class Action Alleges Contracts Failed to List Delivery Dates
It is more than 3 months that I am waiting for furniture to be replaced. I called them several times. They sold me defective furniture and when they tried to replace it they brought more defective items that I refused to exchange. I have pictures to document and prove it. How can I get my money back and have these items picked up from their delivery team?
File a complaint with The Consumer Protection Bureau. You can file it online and they
will contact Ashley usually within 24 hours and Ashley has to respond to them because they are a government agency. I just cancelled a sectional sofa that I ordered from Ashley in July 2020 and still as if March 2021 have not received the furniture after more than 10 promised delivery dates. We were approved for an Ashley furniture credit card when the furniture was ordered and when I cancelled it the credit card still had the cost of the sofa, over $4000 as a pending amount on the card. When I called the card company to reverse the cost since U cancelled the order, They said Ashley had to do it, so I called Ashley and of course got the run around from some so called supervisor. She kept telling me that it would have to be done by upper management and she could not tell me when that would happen. So I told her that if the money wasn’t reversed on the credit card within 48 hours I would file the complaint with CPB. They must know who the CPB is and don’t want to have to deal with inquiries from the government because the money was placed back on the card the next day. CPB is in place to help consumers with all types of issues concerning companies, like Ashley who are trying to take advantage of consumers.
I would never say anything good about Ashley nor would I order anything else from them. Good luck and hope you get your money hack.
What a terrible store with horrible customer service. What they tell you in the store will be denied with a “I don’t know why they told you that” excuse when you call with a complaint.
I purchased a table late last year. When I went back to the store to look for other furniture a few weeks ago I mentioned that an accident had damaged the table. When they looked up my account they told me the damage could be repaired because I purchased the additional warranty. I even received a card at that time with a date for the repair and the Case #. But when I called the day they were scheduled to arrive I was told that repair could not be done until the manufacture’s warranty expired in a year. The new furniture I ordered at the second visit arrived with defects and the scheduled repair was also delayed. and replacement parts were back ordered although I was not informed until I called to complain.
I also purchased furniture in November at an Ashley Store in California l, and I’m still here waiting, they are a Terrible company. I hope you can do something about this furniture store so they can stop doing this.
I need more information on this potential lawsuit.
Add me please. We made a purchase of a dinning room set in July of 2020 and were told 4-6 weeks well that has been pushed back so many time and STILL we have no dinning room table. They will not cancel the transaction on my card it just shows pending. If I cancel the purchase then I have to pay 25% restocking fee and the rest will be given back as store credit. This is the worst place to shop!
Our store is out of Midland Texas
Please add me. Such a terrible company.
The worst company I ever have to deal with on my life. I waited for four month for my order. And as today date still have no receive my order.
I also order from Ashley’s and was not provided a delivery date. I purchased the furniture online in July and was unable to get a hold of any representative until I posted a nasty review on the company’s Facebook page. The Facebook comment was never approved for anybody other than me to see. A rep did reach out and informed that my delivery date would be October 24, 2020. I randomly was charged two days ago and today with no notice my furniture was delivered. There was a musty and dirty substance on the furniture. I assume it is mold. The furniture has a pungent odor and I can’t identify whether the odor is from mold or toxic chemicals. I am so frustrated with attempting to contact customer service since they do no respond timely that I feel legal action is necessary. I worry that chemicals and mold have now entered my home due to the poor quality of service from Ashley’s
I hope an attorney can call and speak with me regarding my transactions with Ashley. I purchased living room furniture had same delivery date promised issues, furthermore I was never told verbally nor in writing that a 90 day same as cash purchase would convert to rental contract. Furthermore, the acceptance now rep that helped me process the payments suddenly did not work at the store any longer and thus my attempt to coordinate a on time payment 3 months ago, was not successful. A store rep told me she no longer worked there and gave me a phone number to call to handle payment. The rep from that contact told me they could not process payment due to acceptance changing accounts over to RAC. The rep told me to go back to store. The store told me that they could not assist as acceptance was not being used any longer. I was promised 3 different times notes made on my attempt to make payment that an account manager would call as of this email no one has contacted me and now negative payment history showing on credit report.
Also add me to the list. I bought a sofa on june 16 2020 and did not receive it untill july 18 2020 and when it came in i tried to open the box to see if was the correct color but the guy at the wherehouse said i needed to sign so i did and it was the wrong color.Now they will not exchange it nor give me my money back.