State Joins Monmouth County In Announcing Crack Down

Articles - Consumer Alert
The Division of Consumer Affairs and the Monmouth County Prosecutor's Office are taking action against two Monmouth County auto repair shops, alleging they charged consumers for repairs never performed, Division of Consumer Affairs Director Mark S. Herr and Monmouth County Prosecutor John Kaye announced today.

The Division of Consumer Affairs ("Consumer Affairs") filed suit against two Lee Myles Transmissions franchises and their owners for allegedly making unnecessary transmission repairs, charging for repairs never performed and failing to disclose certain facts about the repairs to consumers since September 1998.

Named in separate complaints filed recently in Monmouth County Superior Court are: Lee Myles Transmissions in Eatontown (a/k/a Aantrans Inc.) and its owner/operators Harlan and Ann Tuckman of Holmdel, and their manager Jack Sayegh of South Toms River; and Lee Myles Transmissions in Freehold (a/k/a S& E Transmissions Inc.) and its owner/operators Samuel and Brian Tukachinsky of Marlboro.

The Prosecutor's Office indicted the same defendants alleging similar crimes. A Monmouth County Grand Jury returned separate indictments against the owners and managers of the Lee Myles Transmissions franchises. The Tuckmans and Sayegh were named in one indictment. The Tukachinskys and their manager, James Hoffman, were named in a separate indictment.

The civil suits and indictments were the result of investigations into both auto repair shops initiated by the Prosecutor's Office and later referred to Consumer Affairs for civil action.

"Consumers are entitled to itemized bills that spell-out the cost and nature of automotive repairs. Consumers should only be paying for services that were actually needed and actually performed," Herr said. "Anyone who breaks the public's trust will be prosecuted."

"This not only helps the consumer, but benefits the honest business people who predominate in this community," Kaye said. "The few bad apples, unfortunately, make everyone else look bad."

One customer was allegedly told by the Tukachinskys in Freehold that her car needed an entirely rebuilt transmission when in fact her vehicle only needed a new gasket. The customer, instead of being shown her car's transmission, was allegedly shown a "dummy" transmission used by the defendants to convince customers to authorize unnecessary work.

According to the State's complaints, both companies also allegedly:

failed to itemize clearly the cost and nature of all work performed on automobiles;

Failed to disclose, as required by law, whether the parts used to make repairs were new, reconditioned or used.

The Tuckmans and Sayegh, of the Eatontown franchise, also allegedly failed to post signs notifying consumers of their right to receive copies of written estimates and any other signed documents, as required by the Consumer Fraud Act. ("CFA").

The State's suit seeks injunctive relief, monetary penalties, and restitution for consumers. Both companies face civil penalties of up to $7,500 for each violation of the CFA.

Auto-related complaints make up 25 percent of all complaints received by Consumer Affairs, making the prosecution of this type of fraud a priority, Herr said.

Deputy Attorney General Gail M. Cookson of the Division of Law is handling this case for the state.

Source http://www.state.nj.us/lps/ca/press/lee.htm

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