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Suing for refunds on dangerous and unnecessary work

The state Division of Consumer is suing a Long Island chimney cleaning and repair company, accusing it of using high-pressure, deceptive tactics to mislead consumers – including several who were elderly or had disabilities – into paying thousands of dollars for repair services they did not need.

All Care Chimney Corp. of Levittown and Bethpage and Michael Lyon, the owner, are accused of performing shoddy work that created the danger of carbon monoxide leaks into the homes. In some cases, the company allegedly failed to perform the contracted-for work at all.

Through these practices, Lyon and the company violated New Jersey’s Consumer Fraud Act, the Contractors’ Registration Act, Regulations Governing Home Improvement Practices, and Regulations Governing Contractor Regulations, according to the state’s eight-count civil complaint, filed in New Brunswick.

“We allege not just that these defendants performed substandard, incompetent and dangerous work, but that they pressured consumers who were elderly, disabled, and vulnerable into paying thousands of dollars for so-called ‘repairs’ they did not need,” state Attorney General Paula T. Dow said Monday. “With cold weather season rapidly approaching, it is imperative that we halt such unconscionable activities and protect consumers from the risk of being scammed — or, worse, the risk of their homes becoming unsafe due to shoddy work.”

According to the state’s complaint, All Care Chimney engaged in aggressive sales tactics in New Jersey, including unsolicited phone calls and door-to-door solicitations. Sales pitches typically offered chimney cleaning services costing $39 to $60, but were followed by alarming claims that the consumers’ chimneys were in very bad condition and created an imminent danger unless the consumers paid for chimney repairs costing thousands of dollars.

On one occasion, All Care Chimney’s workers allegedly showed a consumer a piece of brick, falsely claiming it came from the consumer’s chimney which was said to be falling apart. On another, they showed cellphone photos of a damaged chimney, falsely claiming that the chimney depicted was the consumer’s.

Based on such representations, consumers who initially expected to pay for a basic cleaning, agreed to purchase chimney parts and repairs ranging from $1,800 to $4,800.

The state’s complaint alleges that All Care Chimney’s aggressive door-to-door solicitations included the following incidents:

The door-to-door solicitation of an 89-year-old homeowner suffering from dementia. The homeowner allowed All Care Chimney’s workers into his home, after which they allegedly charged him $4,300 for the installation of a new chimney liner.

The door-to-door solicitation of a 63-year-old homeowner suffering from a developmental disability. Upon being told by All Care Chimney’s workers that they were there to clean his chimney, the homeowner allowed them into his home According to the Complaint, All Care Chimney's workers ultimately charged the homeowner $4,800 for the installation of a new chimney liner and took it upon themselves to fill out a check from the homeowner's checkbook that they then presented to the disabled man to sign.

The door-to-door solicitation of an 84-year-old homeowner who allowed All Care Chimney’s workers into her condominium, believing they were hired by her condominium association. The workers allegedly charged the elderly homeowner $1,300 for supposed repairs.

On Monday, Judge Glenn Berman of the Chancery Division, General Equity Part in Middlesex County, granted temporary restraints against All Care Chimney and Lyon. The temporary restraints, which took effect immediately and remain in effect pending a hearing to be held on Nov. 10, enjoin the defendants from:

• Violating the Consumer Fraud Act, Contractors’ Registration Act and related regulations;

• Advertising, offering to sale or selling Home Improvement Contractor services to consumers within New Jersey;

• Removing, selling, transferring or disposing of any assets, including but not limited to deposits and monies paid by consumers; and

• Destroying, concealing, altering, transferring, disposing or removing any records or documents related to the advertisement, offer to sell, or sale of services.

The Lyon and his company also are required to identify all consumers within New Jersey who were provided services to since Jan. 1, 2010 and provide the contracts they had with identified consumers.