Attorney General Kelly A. Ayotte announced that the Merrimack County Superior Court has accepted a Consent Decree between the State of New Hampshire and Sleep E-Zzzz Corporation of Lorden Plaza, Milford, New Hampshire. The Office of the Attorney General filed a Petition for Preliminary and Permanent Injunction and Civil Penalties against Sleep E-Zzzz Corp alleging violations of the New Hampshire Consumer Protection Act by engaging in unfair and deceptive trade practices.

In its lawsuit, the State alleged that Sleep E-Zzzz Corporation had violated the Consumer Protection Act by distributing advertising which represented that goods on sale were of a particular standard or quality, or that goods were of a particular style or model when they were not. The State further alleged that Sleep E-Zzzz advertised goods with the intent not to sell them as advertised, all in violation of RSA 358-A. Sleep E-Zzzz denied the allegations.

According to the advertisement, “Special Value $199.99 Queen Set Only” appeared in a bubble on a picture of a mattress with the logo “Simmons Beauty Rest”. The Simmons Beauty Rest Queen Size Mattress was actually priced at $999.99. The $199.99 advertised mattress was either for a mattress manufactured by a different manufacturer or was an entry level product by Simmons.

Under the terms of the Consent Decree, Sleep E-Zzzz Corporation has agreed that all advertisements will fully and accurately disclose the price of the merchandise or services, and such other information as is necessary to fully and accurately describe the goods and/or services sold. Sleep E-Zzzz Corp. will provide the Bureau with a copy of all advertisements it publishes or that are published on its behalf for a period of two years. Sleep E-zzzz has also agreed to a $10,000 civil penalty, with $9,000 suspended for a period of one year.

Any consumer who believes he or she has been a victim or false and deception advertising should call the Consumer Protection and Antitrust Bureau at 271-3643 or toll free at 1-888-462-4454, or visit its website at http://www.nh.gov/nhdoj/consumer/index.html