Day: September 21, 2020

Manalapan, Mercer County, Monmouth County, Neptune, Trenton

AG Grewal, Consumer Affairs Announce Penalties for Consumer Protection Violations Related to COVID-19

Violations Include Price Gouging and False Claims in Advertising and Sale of PPE, COVID-19 Antibody Tests, and Other Items 

Local violators in the story below:

Compare Foods Super Market, 847 Roebling Avenue, Trenton,$1,250 

Bravo Supermarket, Inc., 1567 E. State Street, Trenton,$5,750 

Performance Supply LLC, 3 Westbrook Way, Manalapan,$12,500 

Exxon Gas, 2000 Route 66 East, Neptune 

September 21, 2020

TRENTON, NJ (MERCER)–Attorney General Gurbir S. Grewal and the Division of Consumer Affairs today announced actions against a dozen merchants for consumer protection violations related to COVID-19, with penalties totaling tens of thousands of dollars. Among those subject to enforcement actions are two North Jersey businesses that allegedly made false or unsubstantiated claims in the sale of COVID-19 antibody tests and a Monmouth County business that was selling face masks at as much as six times the manufacturer’s retail prices. 

These actions are the latest of many taken by the Division to address the unprecedented number of consumer complaints and referrals received during the current public health emergency.   

To date, the Division has sent 1,884 cease and desist letters to retailers suspected of price gouging and other unconscionable business practices during the coronavirus pandemic, and issued 110 subpoenas seeking additional information in its investigations of alleged violations of the New Jersey Consumer Fraud Act.  

“Since the beginning of the COVID-19 outbreak, we made clear that we would take a tough stand on price gouging and other abuses of New Jersey consumers,” said Attorney General Grewal. “Enlisting the help of residents to report unconscionable practices works. Most businesses are following the law. For those that are not, these actions are a reminder that the penalties for violations are significant.” 

The Notices of Violation (NOVs) filed in this latest round of enforcement actions carry individual penalties ranging from $500 to $12,500, depending on the severity and number of violations.   

The single largest civil penalty was assessed against Performance Supply LLC, for allegedly making false and misleading statements in advertising N95 mask respirators for sale to personnel from the New York City Office of Citywide Procurement. The Division alleges that the company’s quote misleadingly suggested the company is an authorized dealer or distributor for 3M Company and offered to sell seven million face masks that retailed between $1.02 and $1.31 for $6.05 and $6.35 each. 

Two businesses were cited for making false or unsubstantiated claims in the sale of COVID-19 antibody tests. Hudson Drug of Cresskill was assessed $3,000 in civil penalties for advertising that the COVID-19 antibody tests it sold were suitable for at-home use, contrary to the manufacturer’s instructions. Retro Fitness of Rockaway was assessed a $2,000 civil penalty for allegedly making unsubstantiated claims related to antibody testing made available to club members via a health and wellness center affiliated with the club. 

“The Division is working tirelessly during this pandemic to protect consumers from threats to their health in the form of unsubstantiated claims and predatory pricing on personal protective equipment,” said Acting Director Paul R. Rodríguez. “We are committed to reviewing and investigating every complaint to ensure that merchants operate responsibly and refrain from unscrupulous behaviors, including violating our price gouging laws, at a time when many New Jerseyans are facing significant financial hardship.”  

New Jersey’s price-gouging law, which took effect on March 9 upon Governor Murphy’s declaration of a state of emergency, prohibits excessive price increases during a declared state of emergency and for 30 days after its termination. A price increase is considered excessive if the new price is more than 10 percent higher than the price charged during the normal course of business prior to the state of emergency, and the increased price is not attributable to additional costs imposed by the seller’s supplier or additional costs of providing the product or service during the state of emergency. 

Price-gouging and other consumer fraud violations are punishable by civil penalties of up to $10,000 for the first violation and $20,000 for the second and subsequent violations. Violators may also be required to pay consumer restitution, attorney’s fees, and investigative fees, and will be subject to injunctive relief. 

The following merchants received NOVs and were assessed civil penalties for alleged price gouging on essential items such as bottled water, rice, face masks and disinfectant spray: 

The following merchants received NOVs and were each assessed $500 in civil penalties for their alleged failure to post selling prices for merchandise such as bottled water, toilet paper and sanitizers, a violation of the Merchandise Pricing Statute: 

Consumers who suspect consumer fraud violations, or believe that businesses have unfairly increased their prices in response to COVID-19, are encouraged to file complaints online to report specific details related to the increased prices. Photographs of items being sold, their price, and receipts can now be uploaded to our new price gouging complaint form. 

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The mission of the Division of Consumer Affairs, within the Department of Law and Public Safety, is to protect the public from fraud, deceit, misrepresentation and professional misconduct in the sale of goods and services in New Jersey through education, advocacy, regulation and enforcement. The Division pursues its mission through its 51 professional and occupational boards that oversee 720,000 licensees in the state, its Regulated Business section that oversees 60,000 NJ registered businesses, as well as through its Office of Consumer Protection, Bureau of Securities, Charities Registration section, Office of Weights and Measures, and Legalized Games of Chance section. 

Mercer County, Robbinsville, Robbinsville

Robbinsville Senior Center Re-Opens To Non-Profit Organizations On A Limited Basis Effective Immediately

September 21, 2020

ROBBINSVILLE, NJ (MERCER)–On Friday, September 18, Mayor Dave Fried signed an Executive Order 2020-59 re-opening the Senior Center multi-purpose room and adjoining bathrooms on a limited basis to non-profit organizations effective immediately.

Organizations using the multi-purpose room will be required to complete a COVID-19 waiver and agree to abide by all rules and regulations promulgated by the State of New Jersey and Township of Robbinsville regarding indoor activities during the declared State of Emergency and Public Health Emergency, including face coverings and proper social distancing.

As part of the order, a sanitization fee of $75 per use shall be paid by each organization for each separate use of the multi-purpose room. This fee shall be used to cover the Township’s costs to clean and sanitize the room after each use.Reservations and approvals are required to both enter the Senior Center and to take part in outdoor activities. Please contact Renee Burns at (609) 259-1567 or reneeb@robbinsville.net.

On March 16, 2020, the Township of Robbinsville proclaimed a Local Disaster Emergency and closed the Senior Center to the public due to the global outbreak of COVID-19, which has affected the health, safety, and/or welfare of people around the world.

Although a State of Emergency and Public Health Emergency continue to exist in the State of New Jersey, and a Local Disaster Emergency continues to exist in Robbinsville, great strides have been made in terms of lowering the infection rate, along with the understanding and treatment COVID-19. This has allowed for the easing of restrictions put in place by the State to “flatten the curve.”

The easing of those restrictions has allowed the Township to reopen the Senior Center Multi-Purpose Room on a limited basis, and provide limited outdoor activities beneath the Bocce Pavilion to Senior Center members (limited to 15 persons per class) beginning Monday, September 21.

WHEREAS, Coronavirus disease 2019 (“COVID-19”) is a contagious, and at times fatal, respiratory disease caused by the SARS-CoV-2 virus; and
WHEREAS, on March 9, 2020, pursuant to Executive Order No. 103, the Governor of the State of New Jersey declared the concurrent invocation of both a State of Emergency pursuant to N.J.S.A. App.A.:9-33 et seq. and a Public Health Emergency as contemplated by N.J.S.A. 26:13-1 et seq.; and
WHEREAS, on March 13, 2020, pursuant to my Executive Order No. 2020-34, the Township suspended all Senior Center activities beginning Friday, March 13, 2020; and
WHEREAS, on March 16, 2020, pursuant to Executive Order No. 104, Governor Murphy directed several actions, with limited exceptions, designed to enhance the practice of “social distancing” to prevent community spread of COVID-19; and
WHEREAS, on March 16, 2020, the Township of Robbinsville proclaimed a Local Disaster Emergency by reason of the serious conditions which existed or would continue to exist in the Township of Robbinsville due to the global outbreak of COVID-19 which has affected the health, safety, and/or welfare of the people; and
WHEREAS, although a State of Emergency and Public Health Emergency continue to exist in the State of New Jersey and a Local Disaster Emergency continues to exist in the Township of Robbinsville, great strides have been made in understanding and treating COVID-19 that have allowed for the easing of restrictions put in place by the State to “flatten the curve”; and
WHEREAS, the easing of the restrictions put in place by the State has provided the Township an opportunity to reopen the Senior Center on a limited basis and provide limited outdoor activities to the Township’s Senior Center members; and
David Fried, Mayor 2298 Route 33, Robbinsville, NJ 08691
(609) 259-3600 ext. 1102
WHEREAS, it is the Township’s belief that these activities can be provided in a safe manner and in accordance with the State’s rules and regulations currently in effect;
NOW, THEREFORE, I, David Fried, Mayor of the Township of Robbinsville, Mercer County, hereby order and direct for following:

  1. The Township of Robbinsville shall reopen the Senior Center on a limited basis beginning Friday, September 18, 2020.
  2. Organized outdoor activities provided for members of the Senior Center will begin the week of September 21, 2020, utilizing the Senior Center’s Bocce Court.
  3. Organized outdoor activities shall be limited to fifteen (15) individuals per class.
  4. Participants in the organized outdoor activities will be required to complete a COVID-19 waiver and agree to abide by all rules and regulations promulgated by the State of New Jersey and Township of Robbinsville regarding outdoor activities during the declared State of Emergency and Public Health Emergency.
  5. Indoor use of the Senior Center shall be limited to use of the multi-purpose room and adjoining bathrooms by non-profit organizations only.
  6. Organizations using the multi-purpose room will be required to complete a COVID-19 waiver and agree to abide by all rules and regulations promulgated by the State of New Jersey and Township of Robbinsville regarding indoor activities during the declared State of Emergency and Public Health Emergency.
  7. A COVID-19 cleaning/sanitization fee, in the amount of $75.00 per use, shall be required to be paid by each organization for each separate use of the multi-purpose room. This fee shall be used to cover the Township’s costs to clean and sanitize the multi-purpose room after each organization’s use of same.
  8. This Order shall take effect immediately and shall remain in effect until such time as I modify or rescind same.

DAVID FRIED, MAYOR
DATED September 18, 2020

Robbinsville EXECUTIVE ORDER 2020-59
POLICY FOR USE OF SENIOR CENTER